Missing documents required

[krishnan.1000]

Hi,

 

I got my EAD in February 2012 when my priority date became current. I renewed my EAD in January 2013. I have a problem and I hope that some one can help.

 

I have all the original approval documents the first time I filed for my AOS, namely I-765 (EAD), I-131(AP)  and I-485 (pending) from January 2013. However, when I renewed my EAD, I only have the approval notices for I-765 and not I-131. Is this a problem?

 

I have a new and a better job offer that pays me more than 25K over my current salary and I would hate to not be able to take it because I have missing paperwork. The new company attorneys have also asked for the following. I don't have any of these documents. What options do I have?

 

1. ETA-9089 Part H section

2.  ETA-750 PART A

3. Form I-512/Advanced Parole Documents

4. Form I-485 filing receipt (have it)

5. I-140 approval notice. I have this too.

 

I don't understand what 3. means. I have been on H1-B the entire time and I have never used my EAD/AP combo card to enter or leave the country. I would appreciate any advice that you may have.

 

Thanks,

 

Kartik

 

 

[Belle]

You need to hire your own lawyer. Are you planning to renew H1? If so, they should not need more than your old H1 stuff and I-140 approval. Everything else is really none of their business. If you are planning to work on EAD, then they don't need to know anything other than that you have a valid work authorization. End of story.

[cap-gap]

if you have the latest combo EAD/AP, the approval notices don't matter..

 

seems they are trying to evaluate if AC-21 can be used based on old PERM job description and not go thru the perm and 140 process again..

 

I think all the PERm applications filed after 2008 are available online for anybody to view...or just ask the attorney to send you a copy of ETA9089..as it has been approved, they can share it with you..and then there is also FOIA...

[krishnan.1000]

Belle - I would like them to renew my H1-B and port my existing Green Card application over to the new company. I also have renewed my EAD/AP combo card. The EAD now expires in February 2015.

 

What would you advise?

[Belle]

Belle - I would like them to renew my H1-B and port my existing Green Card application over to the new company. I also have renewed my EAD/AP combo card. The EAD now expires in February 2015.

 

What would you advise?

Well, "porting" green card is your own matter. Ask the lawyer what they need for H1 transfer first. If you don't have something the lawyer wants for AC21, then you can either hire a new lawyer or do it yourself. For H1, they will need your H1 approval page and I-140 approval copy (if you are beyond 6  years). Everything else they can ask for, and you can say you don't have it.

[krishnan.1000]

They will do a H1-B transfer. I have submitted my H1-B approval page and I-140 copy and copies of most of the documents that they have asked for. Is there anything else I need to have them do?

[Belle]

You need to file an AC21 notification. Whether you have that lawyer file it is up to you. So, I can't really answer the question of the "need them to do" because it is rooted in what you want to do.

[krishnan.1000]

I spoke with the attorney. He has said that they will not issue me the copy unless the company approves it. The company has said that they don't share a copy of ETA 9089/750/I-140.

 

Are my only options to make FOIA request?

 

Thanks,

 

Kartik

[Belle]

Well, it's not like you really need them. You can file all of your papers without them. Yes, you can file an FOIA request, but it will likely take some time.