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vramamu
03-19-2009, 07:14 PM
Hello all,

My 140 is approved, pd july 2007
have ead/parole

My employer is refusing to provide me the copy of 140, which is hindering me from moving jobs..i guess theyll give it if they lay me off.


Is there any way of obtaining it?

ricky26
03-19-2009, 07:18 PM
If you have receipt # you can see the status on uscus.gov, print out of that should be enough ( that's what I had read on murthy.com).

fittan
03-19-2009, 07:47 PM
You don't need a copy of your approved I-140 in order to invoke AC21. There's no official form and I think all you need is a letter to the USCIS that clearly states that your I-140 has been approved and that you're changing to another "same or similar" job.

The most important thing here is whether your I-485 is filed more than 180 days. If so, there is nothing the employer can do.

http://www.murthy.com/news/UDportme.html

LostInGCProcess
03-20-2009, 03:58 AM
You don't need a copy of your approved I-140 in order to invoke AC21. There's no official form and I think all you need is a letter to the USCIS that clearly states that your I-140 has been approved and that you're changing to another "same or similar" job.

The most important thing here is whether your I-485 is filed more than 180 days. If so, there is nothing the employer can do.

http://www.murthy.com/news/UDportme.html

Okay...i have this confusion lurking in my mind for a million year :confused: . Is the job title and duties mentioned in I-140 or LC? So that one can compare the "same or similar" job. Cause my employer never showed me my labor or I-140. All i know is that, they are approved.

Thanks

sanjay02
03-20-2009, 04:26 AM
File FOIA and get it.

pappu
03-20-2009, 10:19 AM
Okay...i have this confusion lurking in my mind for a million year :confused: . Is the job title and duties mentioned in I-140 or LC? So that one can compare the "same or similar" job. Cause my employer never showed me my labor or I-140. All i know is that, they are approved.

Thanks

Do you have proof in writing from your employer and his lawyer that they will not share it? Have they threatened you in writing? Do you have proof of other employer abuses? Are there proofs of no pay on bench, signing of bond and threat etc etc

A big case can be made if you collect people like yourself on IV. If you are ready to go all out against abuse a lot can be done. Like filing lawsuits, media coverage, complaint to DOL and USCIS, Contacting administration, approaching some lawmakers who will help solve this problem.

A lot can be done to clean the system if we all want to do it. It will be lot of hard work and investment of resources, but if there are committed people and/ affected people who want to come out and work on this it is possible to remove the bad apples that give a bad name to the entire community.

fittan
03-20-2009, 10:55 AM
Okay...i have this confusion lurking in my mind for a million year :confused: . Is the job title and duties mentioned in I-140 or LC? So that one can compare the "same or similar" job. Cause my employer never showed me my labor or I-140. All i know is that, they are approved.

Thanks

It is based on the labor job description and if no labor, then I-140. Following is an extract from Murthy.

Many questions arise about how to determine whether a new job offer fits within AC21's "same or similar" requirement. This May 2005 Memo specifies that the examiner must review the job duties in the labor certification or, if a labor certification is not required, in the I-140. These job duties are to be compared to the new job to determine if they both fall within the same or similar occupational classification. The examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position.

rockrocky
03-20-2009, 12:41 PM
I read this somewhere.

"after I-140 is approved, fill & send in G-639 to DOJ and u'll get a copy of ur approved I-140"