Obtaining your Labor Certification copy through FOIA

[shah]

Many companies which filed for your PERM Labor Certification and which is no longer your employer, will usually not give you a copy of the Labor Certification. This copy is important, although not indispensable, to file for AC 21 because you can easily prove the "same or similar" position requirement. You can actually file a Freedom of Information Act (FOIA) with the Department of Labor to obtain a copy of the Labor Certification. Just follow the step by step guide link below:

http://www.dol.gov/dol/foia/guide6.htm#.UJVM5oYfKNM

Guide to Submitting Requests Under The Freedom of Information Act
I. Getting Started

This guide will familiarize you with the specific procedures for making a FOIA request to the Department of Labor (Department or DOL). The process is neither complicated nor time-consuming. Following the guide will help you obtain the information you are seeking in the shortest amount of time. This guide also includes descriptions of the types of records maintained by different components of the Department, some of which are available through the Privacy Act or other disclosure statutes (e.g. Employee Retirement Income Security Act (ERISA), Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)).
Initially, it is important to know that there is no central office in the Department of Labor that processes FOIA requests for all DOL components. Rather, FOIA processing at the Department of Labor is decentralized. Each component responds to requests for its own records. Therefore, before sending a request to the Department of Labor, you should determine which component is likely to have the records you are seeking.
The formal rules for submitting FOIA requests to the Department of Labor are published at 29 CFR Part 70. Code of Federal Regulations.

[Risky]

my perm was denied because the company says the lawyer messed up./ when i called the lawyer he says the company messed up. Can I still get a copy of what happened?

[shah]

Yes you should be able to get a copy and have another attorney look at it. Good luck.

[Unregistered]

Moving from L1 to H4

Hi,

My husband is on H1 and has approved I140 from his previous company (valid until 2018) and his current company is yet to move the process to them. I have a L1b and H4 visa (tagged to his current company). I wanted to get my EAD through H4 and switch to H4. Should i first apply for EAD and then move to H4? How do i change from L1 to H4? My husband changing companies and his current company not yet moving the greencard process to them - would that impact my EAD through H4? Any recommendations?

[shah]

Hi,

My husband is on H1 and has approved I140 from his previous company (valid until 2018) and his current company is yet to move the process to them. I have a L1b and H4 visa (tagged to his current company). I wanted to get my EAD through H4 and switch to H4. Should i first apply for EAD and then move to H4? How do i change from L1 to H4? My husband changing companies and his current company not yet moving the greencard process to them - would that impact my EAD through H4? Any recommendations?

You cannot apply for H4 EAD without first filing for H4 status. You can do it concurrently but not the other way around.
Read the FAQ on www.h4toead.com If you need help call us at 510 7425887