I-140 FOIA Request

T

threetimer

Registered Users (C)
I-140 approval notice is employer property and USCIS does not provide or disclose information about that to beneficiary. How can I request copy of I-140 using FOIA? Will that not be considered an improper request?
 
I-140 is employers petition, but that is very specific to you, it is your property, unlike labor certification, this cannot be used for anyone else, this has your name on it. So, there is no point in your employer keeping it unless, they just want you to not change employer. You have the right to request, people have done that and also received the notice, go ahead and request one. LEt us know what you find, as I am plannign to do just that, in the near future.
 
Thanks UK123. Then how come USCIS refuse to answer any question regarding I-140.
My ex-employer has not refused to give me copy. They just say, they do not have it. lawyer says, talk to your ex-employer.
So, funny situation. Anyway, I am trying to obtain it for PD retention.
 
I am not sure what they meant by saying beneficiary, you are the applicant/petitioner right. Are you the beneficiary?. i.e. has your spouce or someone applied for your GC?. I am jsut not sure, what they are saying here, sounds like some mistake to me, you can talk to them. FOIA has to provide you that. I myself havn't done that yet, so not be able to help much.
 
The petitioner of the I-140 application is the employer. USCIS will only answer questions from the petitioner.

The alien (you, me, etc) is the petitioner of the I-485 application. In that case, they will answer your questions.
 
Congrats uk123 on your I-140 approval.
honeysusu, that is the basic problem: my lawyer would not even speak to me, as he would only talk to company, and company says they do not have it.
That is why I want to apply for FOIA.
 
It will be good to have a copy of your receipt notice as it has your name associated but in a situation like this you are helpless. It will not be inappropriate to file the FOIA for the I140.

If they refuse to give it, you can still use that as the basis and send a letter for retention of priority dates along with your labor certification copy.
 
uk123 said:
I-140 is employers petition, but that is very specific to you, it is your property, unlike labor certification, this cannot be used for anyone else, this has your name on it. So, there is no point in your employer keeping it unless, they just want you to not change employer. You have the right to request, people have done that and also received the notice, go ahead and request one. LEt us know what you find, as I am plannign to do just that, in the near future.
Click to expand...

uk123,

I am in the same boat as of yours. Did you ask your employer for copy of approved I1-40 and what was their reply?

I asked for the same and I was told that they do not give the copy approved -140 as matter of policy.
Please share oyur experience.
 
SadashivePethi said:
uk123,

I am in the same boat as of yours. Did you ask your employer for copy of approved I1-40 and what was their reply?

I asked for the same and I was told that they do not give the copy approved -140 as matter of policy.
Please share oyur experience.
Click to expand...

As soon as my employer received my approved I-140, they sent me a copy (not original) of it. I am moving to another job using EAD, hence I am going to request my employer about I-140 original, I will update once I get more info.
For you I would suggest, that you check with them, if they are willing to fax a copy of that I-140 to you. Otherwise FOIA is the only option.
 
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