How to obtain copy of the Form I-140 petition/copy of Form I-797 Notice of Action

Tagore_418

New Member
Hello Rajiv sir,

My I140 petition was approved in 2018 with my employer(Say Employer A).

But I had to move to India for personal reasons so I resigned from my US based employer and moved to India in 2018 and continued to stay in India until now.

Since then, In India, I continued to work for an US based IT company(Say Employer B). They are now looking to fill a specialized Role in the USA which fits my profile.

So in this case-
1. Will I be able to use my existing I140 (which is filled by Employer A) to file a new H1B extension petition ?
2. Employer A said they won't share my Approved I140 Petition copy. Is there a way to get this copy from USCIS while I am in India?
3. Do I need a copy of the Form I-140 petition or a copy of Form I-797 Notice of Action in this case?
 
1. Yes, if that I-140 has not been withdrawn. Even if it was withdrawn, it can still be used as long as the withdrawal was more than 180 days after it was approved. However, if it was withdrawn less than 180 days after approval, it cannot be used.
2. You can file a FOIA request with USCIS in order to get a copy. This will take a few months, and some employer information will be redacted.
3. A copy of the I-140 itself is not required. USCIS doesn't explain what evidence exactly is needed to apply for the AC21 exemption. If you know the receipt number of the old I-140, you could try submitting the H-1B petition with a statement that explains that you don't have the approval notice but you know the receipt number (this will allow USCIS to look it up).
 
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