245i thru employment - Page 2

Which state was the ETA from?

Did the DOL put a stamp date on it on or before 4/30/01?

I'd do a FOIA with the US Department of Labor to get a bit more out of it, but if that fails that letter alone proves that the PERM was filed on April 30, 2001.

Would also do a FOIA if you really don't trust that old lawyer and suspect a fake.

I don't have the copy of the ETA Cert app, and I don't know if its was filed to a local DOL office. If it was I'm not sure if it would be filed in Marlyand (where my father resided) OR in Virginia (where the company was located). That letter I attached is literally the only document I have coming directly from DOL. Everything else is receipts and letters explaining case status written and sent by the attorney.

I'm waiting on that FOIA that I filed with the US Department of Labor, hopefully it yields some results! And I certainly don't have 100% confidence that the attorney was not willing to provide us a fake letter, so hope to confirm this letter is real.

So update, and not a good one:

Received response from DOL-ETA FOIA request and they have stated that all records from before 2013 were destroyed. Meaning they have nothing to provide me, I have no idea what to do.
I don't know if the few letters I do have from the Virginia DOL are sufficient to use 245(I).
Hoping any of you with more experience with using 245(I) or what proof is accepted can give me some insight or ideas on what should be my next steps.

I will attach the response I received from FOIA request as well as all the letters from DOL that I have currently.

I am in similar situation. I was grandfathered because it was approvable when filed. I was not hired but all I have is the ETA completed form with employer signature and the only evidence I have is the date stamp and occupation code from California DOL before deadline.

(Make no entry in section - for Government use only


Date Forms received



April 12th, 2001



Occ Code is filled.

Occ Title is filled.

It also says RSH/EDD on the left side.

A 4 digit code written.

Lawyer from 2001 says that CA was not sending acknowledgement requests. I don't know about your state. Current lawyer that is going to file AoS Sup A seems confident about approval. I guess I have to go with what I have and hope for the best.

What does your lawyer say, if any?

Okay so if my family has a corporation or LLC of their own, can it just sponsor me or do I need some sort of big corporation to do it? What I'm trying to ask is, are there limitations to what sort of company sponsors me?

There is no limitations, however being sponsored by a company where a family member has at least 5% ownership may result in higher scrutiny from DOL (higher chance of an audit), and might require said relative to file an affidavit of support for you.

How hard or long is this process? My neighbor said he adjusted this way in less than a year?

6-24 months. Still, need 245(i), you can also do an I-601A if you have a qualifying relative.

Oh okay! Thank you so much for your advice!