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  #1 (permalink)  
Old 10-12-2007, 11:51 AM
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Default Using FOIA to Get Labor and I-140 Docs

Hi All,
I did give a search in this Forum on the FOIA and did find couple of threads on the same. But still I need couple of clarifications on this. Would really appreciate everybody's input on this.

1. Can I get a copy of my Labor Approval thru FOIA. If so to which address I need to send the docs too. My Labor was approved thru PERM. Should it be addressed to the same as mentioned in FOIA doc.

2. Can I get a copy of my i-140 docs INCLUDING THE Approval Notice. If so do I need to use I-824.

3. What is the turn around time on this applications?..

4. Do I need to provide any kind of eveidence for me requesting the same?

5. Will my employer know about this by any chance?
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  #2 (permalink)  
Old 10-12-2007, 02:07 PM
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Default Bump

No Reply Yet from Anybody

Last edited by MYGCBY2010; 10-12-2007 at 03:36 PM. Reason: BUMP
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  #3 (permalink)  
Old 10-12-2007, 04:04 PM
Donor
Priority Date
:
Feb-07
Category
:
EB3
I140 Mailed Date
:
03/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
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Join Date: Jun 2007
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Default

I'm a FOIA applicant for the same reasons as you.

1 & 2) You may not be able to use FOIA to get Labor Petition from DoL using FOIA as it belongs to the Employer (and not you).

However you can send a FOIA request to USCIS to send a copy of your 485 file based on A#. This includes copy of Labor petition as well as I-140. You need to mail it to National Record Center, Lee's Summit, Montana address given in USCIS FOIA form ( G-639). They should send you the whole copy of your Alien file if you ask for it (that's what FOIA says).

They have 3 tracks. Simple Track - if you ask for a specific document. Complex -if you ask for copy of whole file. Expedited - if you have situations like losing job or getting extradited/deported. Which track your request goes into (Simple/Complex) is based entirely on USCIS NRC interpretation of your request. They put mine in Complex.

After 3 weeks of reciept of FOIA application. I got a receipt letter (they don't send 'Notice of Actions' at NRC ) which gives a FOIA receipt number. It starts with NRC and is a long number. It's the reference number for enquiries with NRC (they have a different 1-800 number than USCIS National Customer Service). I also learnt (through the letter) FOIA results can be sent to us in CD instead of paper copies! [ they always send CDs if FOIA requests are sent through the Attorney)


3) According USCIS FOIA statistics (for last year) on an average Simple FOIA requests take 180 days, where as 67 days for Complex requests. Reason, probably that they get hell lot more of Simple requests than Complex requests and officers handling those cases are more overloaded than those handling Complex requests. However, the above statistics are no guarantee that we'll get ours in 6 months or 67 days. There are cases pending for more than a year ( numbers are growing every year).


4) They don't need any evidence as long as you complete G-639 fully. To be on the safer side I got mine Notarized for Signature in the section provided for Privacy Act requests (you don't need to do it for a FOIA request).



5) No. There's no chance your Employer or your lawyer will come to know of it (unless someone you told in confidence betrays you to them). NRC will only deal with you and not anyone else. They don't provide info to 3-rd party unless you authorize them!

Hope this helps.


Quote:
Originally Posted by MYGCBY2010 View Post
Hi All,
I did give a search in this Forum on the FOIA and did find couple of threads on the same. But still I need couple of clarifications on this. Would really appreciate everybody's input on this.

1. Can I get a copy of my Labor Approval thru FOIA. If so to which address I need to send the docs too. My Labor was approved thru PERM. Should it be addressed to the same as mentioned in FOIA doc.

2. Can I get a copy of my i-140 docs INCLUDING THE Approval Notice. If so do I need to use I-824.

3. What is the turn around time on this applications?..

4. Do I need to provide any kind of eveidence for me requesting the same?

5. Will my employer know about this by any chance?
__________________
Truth Will Set You Free

Last edited by walking_dude; 10-12-2007 at 04:38 PM.
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  #4 (permalink)  
Old 10-12-2007, 04:20 PM
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Default FOIA - Fake Office In America

Man, this route will take a lifetime to get any document from them. Your best choice is your employer.

I requested i-140 thru FOIA some time back, i think it is almost a year now; they kept my case in COMPLEX queue; i dont understand what complexity is involved in asking for i-140 copy. I did not get till today. Before they send i-140 copy, i think i will get my greencard !
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  #5 (permalink)  
Old 10-12-2007, 04:23 PM
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Default Thanks a Lot - WalkingDude

Hey ,
Thanks for califying the FOIA questions. I was under the impression that Form 824 is meant to be used to get only the approval notice. But to get all the details of I-140/Labour we need to go thru FOIA request...

Moreover the form 824, by name suggests "Application for action on Approved Petition". I have only the receipt number of my I-485 application and no info regarding my I-140. Just know that I-140 is already approved.
Can you please advise me on how to proceed. Just apply 824 choosing the Check Box "A duplicate Approval Notice" and where the information about the petition is asked just sent the I-485 petition details?... (Though my I-485 is still pending)

Really appreciate your input on this.

Thanks.
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  #6 (permalink)  
Old 10-12-2007, 04:25 PM
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Default

Quote:
Originally Posted by gc_in_30_yrs View Post
Man, this route will take a lifetime to get any document from them. Your best choice is your employer.

I requested i-140 thru FOIA some time back, i think it is almost a year now; they kept my case in COMPLEX queue; i dont understand what complexity is involved in asking for i-140 copy. I did not get till today. Before they send i-140 copy, i think i will get my greencard !
Hey can you let me know on what forms you filled and where did you send your applications for Labour and I-140...
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  #7 (permalink)  
Old 10-12-2007, 04:45 PM
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Default

Sorry. My bad. I didn't check the form number. It's form G-639 . Don't submit I824, it's a different form unrelated to FOIA requests!

You can ask your employer for a copy of I-140 as you plan to go to India and get your Visa stamped soon, so you need copy of I-140/I-485 to get H1 extension for 3 years, if consulate asks for proof.

But I'm sure you'll never get a copy of Labor Petition through this route. I can't think of any excuse that will make them give you that. It's important to know DoL Codes before sending AC21 change letter to USCIS (to prove you are in the same or similar job as in Labor petition). FOIA , I think, is the only way to get it.





Quote:
Originally Posted by MYGCBY2010 View Post
Hey ,
Thanks for califying the FOIA questions. I was under the impression that Form 824 is meant to be used to get only the approval notice. But to get all the details of I-140/Labour we need to go thru FOIA request...

Moreover the form 824, by name suggests "Application for action on Approved Petition". I have only the receipt number of my I-485 application and no info regarding my I-140. Just know that I-140 is already approved.
Can you please advise me on how to proceed. Just apply 824 choosing the Check Box "A duplicate Approval Notice" and where the information about the petition is asked just sent the I-485 petition details?... (Though my I-485 is still pending)

Really appreciate your input on this.

Thanks.
__________________
Truth Will Set You Free

Last edited by walking_dude; 10-12-2007 at 04:48 PM.
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  #8 (permalink)  
Old 10-12-2007, 04:57 PM
Donor
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Feb-07
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:
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I140 Mailed Date
:
03/05/2007
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I-485
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:
07/17/2007
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True. USCIS FOIA takes a long time , though FOIA law makes it manadatory to complete FOIA request within 20 days!

There is a new law OPEN Government act , which is waiting President Bush's signature. If enacted it allows FOIA applicants to sue USCIS FOIA center if FOIA requests are not honored in 20 days. NRC has to pay complete legal fees + any damages. Right now they don't have to unless someone can demonstrate a financial loss due to non-compliance of 20-day deadline.

I'm not saying someone will sue NRC, but fear of lawsuits sometimes works wonders in this country.


Quote:
Originally Posted by gc_in_30_yrs View Post
Man, this route will take a lifetime to get any document from them. Your best choice is your employer.

I requested i-140 thru FOIA some time back, i think it is almost a year now; they kept my case in COMPLEX queue; i dont understand what complexity is involved in asking for i-140 copy. I did not get till today. Before they send i-140 copy, i think i will get my greencard !
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  #9 (permalink)  
Old 10-12-2007, 05:02 PM
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Default I have PMed You - Walking_Dude

Check your message
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  #10 (permalink)  
Old 10-12-2007, 05:07 PM
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Default * Petition or Claim Receipt #:

Hi Guys,
I'm actually in the process of submitting FOIA request. Can you please let me know what I need to fill in "* Petition or Claim Receipt #:" . I want to request all my green card documents like what walking_dude has explained. So do I put in the 485 reciept number there?
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  #11 (permalink)  
Old 10-12-2007, 05:17 PM
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Feb-07
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Default

You sent me an E-mail instead of PM. I'm posting the reply here for the benefit of others interested

This is the message:

Hey,
I was filling the form 639 and I have couple of questions. Would really appreciate if you could help me out on this.

In the form for ,

Item 1. Type of request:
Click the Freedom of Information Act

Ans: Yes. To make a Privacy Act request you must be GC holder or US Citizen.

Item 4. Information needed to search for record(s).
Copy of all the Documents filed with my i-485 Application (Would this suffice) or more clarity should be given

Ans : I sent the same. You can be more specific and ask for the copy of I-140 and Labor petition filed with my 485 application. Not sure if it'll make them suspicious ( you are asking copies of forms that don't belong to you)

Item 7 & 8.
Do I need to fill this items. The confusion arised when going through Item 3.

Ans : Yes. See section (1). It says fill everything for Freedom of Information except Section (6). [ However you can leave Section (3) blank as you are requesting your own application info, hence no releases are needed ]

Hope This Helps
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  #12 (permalink)  
Old 10-12-2007, 05:20 PM
Donor
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Default

Yes. Since you are requesting a copy of your 485 application.


Quote:
Originally Posted by jayleno View Post
Hi Guys,
I'm actually in the process of submitting FOIA request. Can you please let me know what I need to fill in "* Petition or Claim Receipt #:" . I want to request all my green card documents like what walking_dude has explained. So do I put in the 485 reciept number there?
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  #13 (permalink)  
Old 10-12-2007, 06:14 PM
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Default Hopefully Last Question

In filling the Form, For

ITEM 5 Names of other family members that may appear on requested record(s) (i.e., Spouse, Daughter, Son):

What should be given. My spouse is the derivative of MY APPLICATION. But underneath the ITEM 5 it has headers asking Father's Name and Mother's Name.

Confused with this. Your input is appreciated.

Thanks.
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  #14 (permalink)  
Old 10-12-2007, 06:28 PM
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Mar-04
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googlegc is on a distinguished road
Default Help on filling up FOIA(G-639) Form

1. Type Of Request - Freedom Of Information Act (FOIA)
2. Requester Information:
YOUR INFORMATION
Signature of Requester : SIGN HERE

3. Consent to release information : DO NOT FILL THIS, IF YOU ARE APPLYING FOR YOURSELF

4. Require all documents in my case file, including, but not limited to Labor Certification (Certified ETA 750s and other related documents), 140 application and/or approval notices, and any other documentation in my file. The documents are required for my personal records as I do not have the same.
OR
Green Card filing related documents including but not limited to Labor Certification (Form ETA 750 A & B ), I-140 and I-485 Application forms, Receipts and Approval Notices.

5. Data Needed on subject of record: YOUR PERSONAL INFORMATION
A# : Alien number on I140 approval or I485 receipt
Petition or Claim Receipt # : YOUR I485 RECEIPT NUMBER (IS THIS CORRECT, GURUS CAN YOU PLEASE VALIDATE)

6. NO NEED TO FILL THIS (But you can do it for safer side)

7. SIGN, DATE and PROVIDE PHONE NUMBER

8. NOT NECESSARY, DO THIS IF YOU HAVE FILLED IN 6 (Again for safer side)

Hope this helps!
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  #15 (permalink)  
Old 10-12-2007, 06:29 PM
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Default

AFAIK, We don't have to fillup this information

Quote:
Originally Posted by MYGCBY2010 View Post
In filling the Form, For

ITEM 5 Names of other family members that may appear on requested record(s) (i.e., Spouse, Daughter, Son):

What should be given. My spouse is the derivative of MY APPLICATION. But underneath the ITEM 5 it has headers asking Father's Name and Mother's Name.

Confused with this. Your input is appreciated.

Thanks.
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