USCIS FOIA Request for I-140 information (Sample G-639)

USA
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43

Team means FOIA team. Alien number and Beneficiary number both are same for i-140?

45

Hi,

I raised FOIA request for my 1-140 approval copy but received a response from USCIS basically saying no records were found for your request.

USCIS also mentions that my documents have been forwarded to the National Visa Center.

What are my options in such a case?

46

hello @anil_am22, I do have an approved I-140 petition copy from FOIA request. I’m having trouble finding my A-number (alien registration number) in the application. Can you or anyone here please help me out and let me know where I can find this number in the copy we receive from the FOIA request. Thanks!!

47

Hi @Sri_Harsha

You have got a receipt copy or the i140 approval copy from USCIS FOIA?

48

@Sri_Harsha it will be in the beneficiary section column (your name also will be there) in the i140 apvl notice, that’s where mine is. It’s there in my h1 approval notices as well (h1s processed after getting i140, and in the same beneficiary section column)

49

@anil_am22, I got the i140 approval copy. Like how you have specified below, https://www.am22tech.com/wp-content/uploads/2018/04/uscis-foia-i140-receipt-copy-470x671.jpg

50

@Sri_Harsha This is not the approval notice, this is a copy of I140 application/petition. You need to get the approval notice (I797), it will look like h1 apvl notice.
https://www.google.com/search?q=i+140+i797&sxsrf=ALeKk01Bs0oeFpqIMKIjXGT5_OAxJCEhfw:1602937357760&source=lnms&tbm=isch&sa=X&ved=2ahUKEwi8rbn-zrvsAhUk01kKHfP3AE8Q_AUoAnoECBAQBA&biw=1920&bih=1036#imgrc=f597fL4obdDWGM

51

@anil_am22 - I requested I-140 approval online by following USCIS FOIA Request for I-140 information (Sample G-639) - USA, and I mentioned “copy of I-140 and I-140 approval” in free text field.

My request got completed today, and I got approved petition copy like https://www.am22tech.com/wp-content/uploads/2018/04/uscis-foia-i140-receipt-copy-470x671.jpg. This document has my Priority Date as well as Alien Registration Number (on 2nd page, Part 3, Question 8 and is hand written). But I have not received I797 copy for my i140 approval (probably because it was not specifically mentioned in my request).

Is this document enough for future H1B transfer or H1B visa stamping or porting of priority date with a different employer in future? Or I-797 approval notice is specifically required?

If I-797 approval notice is really needed, shall I file another FOIA request with USCIS to specifically ask for “I797 approval notice for I140 approval” or USCIS will not entertain request for it?

Thanks,
Chandra

52

I got the I-140 petition that my employer filed using FOIA. It has receipt number, priority date, approval date and stamp.

@anil_am22 You mentioned this is enough as a proof of i140 approval for H1B extension.

  1. Can we get I797 approval notice of I140 using FOIA?
  2. In absence of I797 approval notice can we provide I140 petition with appproved stamp for H1 extension for company which has not filed the I140?

Thanks in advance

53

@Ajay_K1 - I can answer your 1st question here.

I sent an email to USCIS about this and they said “We are no longer required to maintain I797 copy”. Hence they cannot provide it and they asked me to contact petitioner employer.

Hope this helps.

Thanks,
Chandra

54

FOIA request wont provide the 797 A (i-140 copy). instead they send the

Even if you request one more FOIA # for 797-A i140 similar you get like h1B . they not providing.

Add if any- if this is wrong.

56

received the response in 23 calendar days. received I-140 copy not 797.
the A number is handwritten in 2nd page.

Docs submitted (notarized):

  1. passport first and last page
  2. H1b approval notice
  3. visa stamping page in passport
  4. DL
  5. no need to notarize: I-140 case status page
57

Same here,

I did not receive the I-140 797A copy, not sure if this can be used for H1B transfer. But just the approved petition as @m_r1

58

They wont issue the 797A copy with FOIA request. the petition copy which you received enough for transfer. Hope this helps