USCIS FOIA Request for I-140 Questions & Answers

Originally published at:

Dear Anilji,

I have a query regarding the FOIA request we raised for my spouse’s I-140 approval copy please. Detailed scenario as below:
Request #1 - Sent email with scanned copies of notarized documents (Form G-639 + Passport) - no response received over 30 days

Request #2 - Tried to raise a request online, attached scanned copies of notarized documents (Form G-639 + Passport) - upload kept failing. So rebooted my computer and raised request #3 as below

Request #3 - Raised request online successfully with notarized documents attached (Form G-639 + Passport) and also got a ‘Control Number - NRCXXXXXX’

Now I have received a mail by post from USCIS asking to prove self identity with a UNPXXX-. I think this may be due to Request #2 where the documents failed to get uploaded.

Question: What should I do now?

  1. Send them the notarized copies and give them the NRC control number that I was able to successfully generate on the 3rd attempt?
  2. Ignore that mail and let them process Request #3?
    Please advise. I dont want them to reject either of the requests due to any duplication.

Thank you so much,
Namz

Hi @Namz

How do you know that USCIS has responded to your Request 2 and not 3?

USCIS must have mentioned a reference request number and would have given instructions on how to send them the documents.

In any case, i suggest to follow the instructions and send the documents. Do not ignore.

1 Like

You are right, we do not know which Request # they responded to - thank you for your kind suggestion Anilji, we had all documents notarized, so immediately sent them the requested details and documents via registered post. Hoping they provide us the I-140 approval copy soon. This helps - thank you so much again.

1 Like

Hi Anil,
I submitted my request on 03/21/2019 and got NRC number. Its been more than 5 months and still it shows “777 of 4512 pending requests”. Will it take this much time. Is it possible to expedite it? Can I resubmit the request as I didn’t mention my Alien Number in previous one. Please let me know.

Regards,
Srini

Hi Anil,

I have filed FOIA for my approved I140 and received approved petition. But didn’t get the approved I797. Can you tell me the procedure to get the approved I79?. Do you know the reason why I didn’t get the I797?

Can we transfer to other company with approved petition with out having I797?

Thanks,
Lazam

Hi @Srinivasan

There is no way to expedite the FOIA request.

Hi @External

You can use the i140 receipt that USCIS has given you for filing your H1B transfer. They usually do not issue/share the approval copy.

2 posts were split to a new topic: Port Old employer PERM PD date when i140 was never filed

Hello Anil,

I have a question. Do we still need to fill form G-639 , get our identification notarized and send it to USCIS for online FOIA request submitted through FIRST website ? Or these are not mandatory for online FOIA requests for I140 copy.

Hi @ravi2405

If you follow online process, then follow the online instructions. I am not sure how it works.

@Anil.Gupta Status of my FOIA request for I-140 information shows completed in FIRST website but document section does not show anything other than acknowledge letter which I initially got ~10 days filing my request. I have seen someone in the discussion face similar issue not sure if he got his documents.

Can someone help me understand further on what is going on.

Hi @nkn19

You can reach out to USCIS and ask for the document. It seems that many people face this same issue and it is most probably an issue with the FIRST website.

Calling USCIS will help.

Hi @140guy

I am not sure if 1 week is enough until they have finished working on your request.

A post was split to a new topic: Is approved 797 copy of i140 required for porting PD date or just copy of i140 is sufficient?

Thanks for this post, I have applied FOIA for I-140 through online on 09/10/2019 and Completed on 10/19/2019.
Steps are very easy and straight forward, just few forms to fill,
I have provided passport number and I-94 number and did not provide receipt number as I don’t have it, At the end of the application I uploaded only notarized passport(including h1b visa page, Notarized only first page) and notarized driving license.

The initial request has been created on the portal with REQXXXXXX number and in a week request number got changed to NRCXXXXXX, and on the same day, I see an acknowledgement letter saying - I have the requested only for i-140 and its been put under track 1 of multitracking system.

Intially, I see the status as “Files Requested”, and then in around 10 to 15 days, I see the status as “Files has been received from NRC” and case status has been changed to something like - “In review”.

I see the pending requests changes everyday soemthing like 3450 of 3675, 3350 of 3600, 3250 of 3600, … till it reaches 1900 of 3450.
on 10/19/2019 my request has been completed and I see the i-140 petitiion in document library section.

2 Likes

Hi Anil,

Could you please let me know if I am raising request for 140 through Online portal, do I need to upload Notarised copies of Passport, Visa Copy and DL or is it sufficient if I just fill the i94 and the Passport number. Kindly advise.

Thanks.

Hi @YesJay
You should upload notarized copies as a proof if you are seeing an option to upload documents.

Hello Abhi,

Thank you for the post. Nice to hear that you received I-140 petition copy.

My I-140 got approved in September 1st week and after 3 weeks I have created a case on USCIS to get I-140 petition copy but I did not get any information they told that they did not find any documents and case is closed. My employer did not shared the I-140 receipt number.

Request you to let me know that how long you have waited after I-140 approval before requesting documents from USCIS.

Also help me on the below details if possible while creating case online from uscis it will ask for below details.

  1. Purpose of request
  2. Information about family members required?
  3. Last page system will ask for “Describe the records you are seeking”
    Do we need select I-140 option only or any option needs to select including I-140 ?

It would be very helpful if you provide valuable information.

Thank you in Advance.

Hi venkat,

In my case, after an year I have applied, not sure why you have got that reply.

  1. Purpose of request — for porting the priority date and future enployment.
  2. Information about family members required? - I haven’t provided.
  3. Last page system will ask for “Describe the records you are seeking”
    Do we need select I-140 option only or any option needs to select including I-140 ? – only i-140.

Good luck

2 Likes