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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 02-05-2008, 08:45 PM
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Exclamation Do i need to know what's in my Labor certification before using AC21?

Hi!

If I have to use AC21, do I need to know what's in my labor certification?

If I will ask for a copy of my labor certification will the employer give it to me?

I think it’s important to know the details of Labor certification before using AC21 to avoid any RFE

Thanks in advance....
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  #2 (permalink)  
Old 02-05-2008, 08:56 PM
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Default Yes, you need to know the details

You have to know the Job Title and Job Duties in the Labor Certification. Because the new job should be same or similar to your current. Some companies give a copy of Labor Certification to employees but some dont. They can atleast provide the details.
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  #3 (permalink)  
Old 02-05-2008, 08:59 PM
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Originally Posted by sinhakavinash View Post
Hi!

If I have to use AC21, do I need to know what's in my labor certification?

If I will ask for a copy of my labor certification will the employer give it to me?

I think it’s important to know the details of Labor certification before using AC21 to avoid any RFE

Thanks in advance....
Use FOIA with DOL if your employer doesn't provide you a copy of labor certificate
http://www.dol.gov/dol/foia/guide6.htm
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  #4 (permalink)  
Old 02-05-2008, 10:37 PM
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Default Thanks

Thanks for the info guys...what should i say to my employer while asking for a copy? I mean the reason...
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  #5 (permalink)  
Old 02-06-2008, 12:02 AM
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Default

Tell them I'm all set to say good bye to you so was wondering how cooperative will you be in making this transition easy.
Quote:
Originally Posted by sinhakavinash View Post
Thanks for the info guys...what should i say to my employer while asking for a copy? I mean the reason...
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  #6 (permalink)  
Old 02-06-2008, 12:06 AM
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Originally Posted by americandesi View Post
Use FOIA with DOL if your employer doesn't provide you a copy of labor certificate
http://www.dol.gov/dol/foia/guide6.htm
How long does the DOL/OFLC take to send you the ETA750 or ETA9089 forms if you file a FOIA request?
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  #7 (permalink)  
Old 02-06-2008, 12:45 AM
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Default Exactly

Exactly, Decided to leave and as a last step before resigning, I called up my lawyer and asked if the law firm will help me in filing AC21. She said yes and mentioned the fee and also provided the necessary labor app. job details.

The firm has been extremely professional so far. Hence I decided to continue with them for AC21/EAD/AP.

All the info i had b4 this was just 140 case# and 485 details.

.....

Quote:
Originally Posted by tabletpc View Post
Tell them I'm all set to say good bye to you so was wondering how cooperative will you be in making this transition easy.
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  #8 (permalink)  
Old 02-06-2008, 12:31 PM
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Default I got a reply from my company

Hi!

I got a reply from my company saying "We do not give copies of the labor certification application to the employees as it is “owned” by our company"

Now what to do? Please help....Can i only ask for the title on the labor certification?

Thanks in advance
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  #9 (permalink)  
Old 02-06-2008, 01:07 PM
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If you change the representing attorney.Can they request this information from DOL. Anyone thought abt this option.

http://www.flcdatacenter.com/CasePerm.aspx , Link is updated with the year 2007 data. So you can check here to get the job code and title information.

Last edited by Jerrome; 02-06-2008 at 01:11 PM.
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  #10 (permalink)  
Old 02-06-2008, 01:12 PM
NKR NKR is offline
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Default

Quote:
Originally Posted by Jerrome View Post
If you change the representing attorney.Can they request this information from DOL. Anyone thought abt this option.

http://www.flcdatacenter.com/CasePerm.aspx , Link is updated with the year 2007 data. So you can check here to get the job code and title information.
On a side note. If the attorney is your employer attorney and if you wish you have your own attorney, is the employer's attorney obligated to handover all the documents pertaining your case to the new attorney?..
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