No photo
Asker
Posted over 1 year ago.

"Meeting with an attorney would be an incredibly wise thing for you to do." How would that help in my situation? The records are with USCIS and if they redact it, what can an attorney do about it? From the documents to request FOIA, it appears that a layman can do it himself.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted over 1 year ago.

Yes, a layman can attempt to get records via FOIA ... but, only a skilled and experienced lawyer can 'glean' information from other sources and ... assemble a working 'picture' of the facts that will be of sufficient use for your purposes.

Mr. Ferrari's idea of reviewing the LCA is a good one ... but, if the company doesn't want to help you ... may also benefit from an attorney's involvement.

No photo
Asker
Posted over 1 year ago.

Thanks for responding, I hear only the third party information will be redacted. The labor Condition Application, will be released. The I-129 petition and supporting documents will be released as I am beneficiary of the H-1B petition.
A skilled lawyer would at a rate of 400/hour, charge me around 800 to "glean" the information. Cannot afford 800 for it, have to do with what I can "learn" myself from the petition.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted over 1 year ago.

You are a very brave person.

Good luck.

No photo
Asker
Posted over 1 year ago.

Perhaps, instead of "brave", the adjective "practical" would be more apt. Most people in my position would do the same thing. Thanks for your wishes and response.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted over 1 year ago.

I will stick with 'brave', or perhaps 'courageous' ... especially, as you can see from my colleague's comments ... we don't understand what you're trying to accomplish by obtaining redacted documents ... the won't help with obtaining employment for a different company.

No photo
Asker
Posted over 1 year ago.

I thought I made it clear from the start "I want the documents since they are part of my immigration records" Just like people keep their tax returns which are 4-5 years old.

I don't understand why redacted documents is being mentioned repeatedly. Only a small part of the documents will be redacted. I hear only the third party information will be redacted. The labor Condition Application, will be released. The I-129 petition and supporting documents will be released as I am beneficiary of the H-1B petition.

Some company attorneys will want to see the full paperwork of a past petition, not just the I-797. Telling them I lost the copy I was given is improper according to me. So, there is another reason for getting the documents.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted over 1 year ago.

I understand ... telling a future employer that you lost your immigration papers will make it appear that you are irresponsible.

Go ahead and file and be satisfied with what they give you.

No photo
Asker
Posted over 1 year ago.

"telling a future employer that you lost your immigration papers will make it appear that you are irresponsible " Your use of adjectives continues to amaze me. If most attorneys who posted here(including you) feel, those documents are not needed, why would an attorney think I am irresponsible. He "may" or may not feel it is improper NOT Irresponsible. If I don't have supporting documents used for my 2008 federal tax return(but have a copy of the 2008 tax return which was filed and accepted), some may think it is improper. But, hardly would anyone think I am irresponsible.

F. J. Capriotti III
F. J. Capriotti III, Immigration Attorney - Portland, OR
Posted over 1 year ago.

No further comment is necessary.