Filed I-140 FOIA request. But they say no records found


My employer filed I-140 and it got approved and sent to US Department Of State for Visa processing since am out of country. Now am trying to file H1B transfer based on the I-140 approval outside the country. The employer is not sharing the I-140 copy with me. I tried to raise a FOIA request to receive the I-140 approval copy. But they are saying that they are not able to find any records. Can you please let me know on why they are saying that no records found?

Please let me know at the earliest.


Did the employer actually filed i140? Do you have the receipt number?

I do have my receipt number. They gave me the USPS tracking number when they sent the I-140 petition and also the actual I-140 receipt number. Am checking the status of my I-140 then on. It was approved and now its in the status of “Sent to Department of State” for visa processing. Do you think since its sent to DOS, thats why they are unable to find the records? Please let me know what do you think.

I contacted USCIS through phone and email and I did contact the NVC (National Visa Center) on the status of the I-140. NVC has provided me with the case number as well and said unfortunately they are unable to process my visa due to non-availability of visa numbers and they said they will my case until when a visa is available and my priority date becomes current. If thats NOT my I-140 would the NVC provide me with the case number and all? Do you think the employer did not file the I-140 itself? Any help is appreciated. Please let me know.