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Don't have Labor Cert, how do we find the orginal occupation classification if my ex exployer is not helpful? | Register To Post |
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| houston101 | Posted on: 2009/5/21 19:29 |
Just popping in ![]() ![]() Joined: 2009/5/3 From: Posts: 2 |
Don't have Labor Cert, how do we find the orginal occupation classification if my ex exployer is not helpful? How do we find the following for the Employment Verification letter for AC21?
1)USCIS needs a letter that states "same or similar occupational classification as the original employment." - How do we find the orginal occupation classification if my ex exployer is not ready to share it. I only have my PERM case Number. 2)"The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.". How do I find the terms & conditions of the original employment? Any help would be appreciated? |
| administrator | Posted on: 2009/5/21 19:50 |
Administrator ![]() ![]() Joined: 2009/4/21 From: Posts: 45 |
Re: Don't have Labor Cert, how do we find the orginal occupation classification if my ex exployer is not helpful? I will not take complete credit for this post, its is information obtained from several other people and forums particularly on
http://immigrationvoice.org/ As shown on our blog, here is a copy of a Employment related RFE, that is being sent out by USCIS http://ac21portability.com/modules/wordpress/archives/3 As you can see there are several things they want, a lot of this info is actually on your Labor Certification - usually the LC in the right had box mentions the SOC job code and EB1/2/3 as the case maybe. The SOC job code should help you figure out under what category your LC was filed and the general description for that category http://www.bls.gov/soc/soc_majo.htm Many folks actually do not have copies of their LC's and as in this case the ex-employer is not being helpful so couple of suggestions: - If you by any chance have a copy of the original LC application, that may help? - any chance you have old emails from the lawyers / resume that was used to fill out the LC application? - can you contact the lawyers directly and ask them for a photocopy, I am sure they have kept a copy since the original went with the I-140? - Also you probably know best what your role and responsibilities were in the old job - a good idea is to look at the SOC codes above and maybe pick the broad category and then more specific sub categories (its probably better and safer to pick the broad category) Terms and conditions of original employment - If you have your your employment letter, it should spell out t&c's like: - position and title - full time versus part time i.e. 40 hours/wk etc - employment at will - location - base salary, bonus, options, 401k, benefits etc etc....its should be fairly standard. Here is a way to get this data if your case was thru PERM and you know the case number, thanks to lj_rr for this info. You can't really get a copy of the petition, but you don't really need that if you know the case number. Follow the steps below to get your Job Title , Job Code and pay and thats all you need. 1)Go to the Foreign Labor Certification data center (http://www.flcdatacenter.com/CasePerm.aspx) 2)Download the Permanent Disclosure Data file for the year your case was Certified. Note that files are by fiscal year (October to September), so if you got approved in Nov 06 , you have to download the 2007 file. 3)Download the MDB file and do a search with your case number.When you get the match,you will be able to confirm that this was indeed your case based on company details, position and other details. 4)Once you get your record, the Prevailing_Wage_SOC_CODE and Prevailing_Wage_SOC_Title are the fields that matter to you for the Employment Letter. Also you can see the Wage you should be getting. 5)Now go to http://www.flcdatacenter.com/OESWizardStart.aspx and enter your location, Job Code and Level(from the file) and you can get more details. Again I want to thank all the folks who helped on the Immigration Voice forums, our intention here is to collect information to help people. |
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