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

USCIS FOIA request for I-140 approval notice if employer is not sharing. Sample G-639. Send by email/post - $0 filing fees. Notarization optional. Result online.

Written by AM22Tech Team
  AM22Tech Team    Updated 21 Jun, 21


You can use USCIS FOIA request form G-639 to get I-140 information.

USCIS FOIA request (Freedom of Information request Act) is the answer to the question “How to get i-140 copy from USCIS” if your employer is not sharing.

FOIA Filing fees

Filing fees for FOIA is $0 (zero). It’s free with some conditions.

For your I-140 document request, you will most probably NOT be required to pay anything.

Please do NOT send any fees at the time of your request. After receipt of your FOIA request, USCIS will contact you if any fees are required. The first 100 pages of paper printing and the first 2 hours of USCIS search time are provided without charge except for commercial requests.

If your request requires more USCIS resources or papers, they may ask you to pay fees of 10 cents per page for duplication.

Fees are charged if the combined cost for searches, duplication, and/or review is more than $14, and by submitting Form G-639, you agree to pay for fees up to $25.

i140 receipt copy retrieved using USCIS FOIA
i140 receipt copy retrieved using USCIS FOIA

#1 FOIA Request Online (Recommended)

USCIS FIRST system allows FOIA requests to be made online. You will get an email your records are ready for download online in your account.

Create an account on the USCIS website and link it to your case, you will be able to log in to the digital delivery center to view and download the records you requested.

If you are already registered on the USCIS website, you can log in and link the case to your existing account.

#2 File FOIA by Postal Mail

Send a postal mail with form G-639 for Freedom of Information Act/Privacy Act Request.

U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P.O. Box 648010
Lee’s Summit, MO 64064-8010

OR

#3 FOIA Request by Email

Email OR FAX is also acceptable as a valid FOIA request by USCIS. Fill the same form G-639, get it notarized and then scan and send it to the email address or FAX it.

USCIS Contact Center: 800-375-5283 or TTY 800-767-1833
Fax: 802-288-1793 or 816-350-5785
uscis.foia@uscis.dhs.gov

Sample G-639 form for I 140 – pre-filled

This sample pre-filled FOIA request gets you an i140 approval notice and receipt number directly from USCIS without informing your employer.



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You can use this same FOIA request to get other immigration records too.

USCIS FOIA Request Status Track – I140

FOIA request for i140 processing time is 1.5 months.

I-140 request is considered a simple request and hence falls in the TRACK-1 request.

USCIS FOIA Request Control Number Status

USCIS sends an acknowledgment of the FOIA application receipt by paper mail with the FOIA control number (receipt number) to track your application status.

  • USCIS might first send a mail letter with the UNC number in case they need more info about your identity. 
  • The UNC number is converted to an NRC number after they have verified your identity.
  • You will receive another mail letter with the NRC number and PIN.

The USCIS FIRST (online account) is useful only after you get the NRC number and PIN so as to register and receive the document online.

It can take up to 3 weeks for the mail to arrive. Use the FOIA request control number (NRC) to check the status here on the USCIS FOIA website.

Is Alien registration number mandatory?

The alien number is not required for the FOIA request.

But, it is better to provide as much information as possible to USCIS for easy search of your record.

For the primary beneficiary of the I-140 application, the Alien number will be written on the I-140 approval form itself.



Where is my A number?

Sample i797 approval looks like this for I140 applications:

Sample i140 approval notice - i797
Sample i140 approval notice – i797

Hence, it is possible that you do not have it with you. This is fine and you should leave the field as blank in that case.

If the primary I-140 beneficiary has the EAD, then the Alien number can be found on the EAD card mentioned as USCIS#.

Documents required for G-639 form

There are no supporting documents required for FOIA requests and form G-639 requests.

But, we strongly recommend sending a notarized copy of your passport or your driving license to help USCIS check your identity.

Many times, USCIS rejects the FOIA request simply because they cannot verify your identity. 

FAQ

Is PERM ETA number same as i140 A number?

No, the ETA number and A number are not the same.
 

Is form G-639 required to be Notarized?

The notary is not required for form G-639.

We recommend getting a notary on G-639 to prove your identity and faster processing.

In fact, you should sign the form in front of NOTARY.

If you do not want a notary, just sign yourself ‘under penalty of perjury‘.

Can we file FOIA for i140 request online?

You can file a USCIS FOIA request to get i140 information online using USCIS FIRST website.

It is fast and more reliable than email or mail requests.



Is i140 available online from FOIA?

Once your i140 request has been completed, USCIS makes the i140 receipt copy available for download online on the FIRST website electronically.

How much is USCIS FOIA filing fees?

USCIS FOIA filing fees is zero (0) dollars.




Author

Written by AM22Tech Team
  AM22Tech Team     



Recent discussion on forum

  1. Namz
    Namz

    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


  2. anil_am22
    anil_am22

    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.


  3. Namz
    Namz

    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.


  4. Srinivasan
    Srinivasan

    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


  5. External
    External

    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


  6. anil_am22
    anil_am22

    Hi @Srinivasan

    There is no way to expedite the FOIA request.


  7. anil_am22
    anil_am22

    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.


  8. ravi2405
    ravi2405

    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.


  9. anil_am22
    anil_am22

    Hi @ravi2405

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


  10. nkn19
    nkn19

    @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.


  11. anil_am22
    anil_am22

    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.


  12. anil_am22
    anil_am22

    Hi @140guy

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


  13. abhi1
    abhi1

    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.


  14. YesJay
    YesJay

    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.


  15. anil_am22
    anil_am22

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


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