USCIS FOIA request for I-140 information

Anil Gupta  15 Feb, 19      76  Forms USA

You can use USCIS FOIA request form G-639 to get any of your documents that you may have lost or your employer is not sharing with you.
USCIS FOIA request (Freedom of Information request Act) is the answer to question “How to get i-140 copy from USCIS“.

How to file USCIS FOIA request

1. 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

2. FOIA Request Online by Email

Email OR FAX are 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 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

3. FOIA Request Completely ONLINE

Both Request and Response online.

Create an account on 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.

Already have a USCIS account? Simply login and link the case to your existing account. USCIS will email you when they have processed your case and your records are ready to be accessed.

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

This sample pre-filled FOIA request gets you i140 approval notice and receipt number directly from USCIS without informing your employer.
You can use this same FOIA request to get other immigration records too.

USCIS FOIA request for I-140 information
USCIS FOIA request for I-140 information

G-639 FOIA Filing fees

Filing fees for FOIA is $0 (zero). Its free with some conditions.
For your I-140 document request, you will most probably will NOT be required to pay anything.

Please do NOT send any fees payment at the time of your request. After receipt of your FOIA request, USCIS will contact you if any fees are required.

Except for commercial requests, the first 100 pages of reproduction and the first 2 hours of search time are provided without charge.
Thereafter, requests processed may incur 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.

USCIS FOIA Request Status Track – I140

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

Current time frame for Track 1 is about 2 months.

USCIS FOIA Request Control Number Status

USCIS sends an acknowledgement of FOIA application receipt by mail. This contains the FOIA control number (receipt number) to track your application status.

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

The USCIS FIRST (online account) is useful only after you get 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 FOIA request control number (NRC) to check the status here on USCIS FOIA website.

Is Alien registration number mandatory?

No, it is not mandatory. But, it is better to provide as much information as possible to USCIS for easy search of your record.

For the primary beneficiary of 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:

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 EAD card mentioned as USCIS#.

Documents required for G-639 form FOIA request

There are NO supporting documents required.

Is form G-639 required to be Notarized?

Yes, it has to be notarized.
In-fact, you should sign the form in front of NOTARY.

There is an option to NOT take the notary sign and just sign yourself ‘under penalty of perjury‘ but we do not recommend using it.

Is PERM ETA number same as i140 A number?

No, ETA number and A number are not same.

   Read all 76 Q & A

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  1. Hi Anil,
    Based on your responses, if I have I140 approved from company A, and then I move to company B, C and later to D, I can still get my H1b extended based on company A’s I140 … right ?

    If that’s the case, then why do folks start perm process again with the new company even when they have approved I140 from previous company ?

    • Anil Gupta   15 Feb, 19 at 8:29 am

      Folks start new PERM and i140 process because you can ONLY extend H1B with company A’s approved i140.
      You cannot file i485 with company A’s i140 unless you go back to work for Company A at the time of your priority date getting current.

      To file green card application, you need current employer’s own PERM and i140.

      Does that answer your question?


  2. I140 is approved and H1B Transfer is Pending with USCIS.
    I want to request for I140 approval copy from USCIS. The G639 form has Item No 8 in Part 3 to provide Receipt number that was previously filed with USCIS. Can I provide the H1B transfer Pending receipt number there?


    • No worries, its I140 receipt number. I misunderstood.

      • Anil Gupta   12 Feb, 19 at 4:04 pm

        Ok.. good. Let me know if you need anything else.


        • 1) What to fill in additional information Part 5?
          2) I want to file H4 EAD once my H1B Transfer is approved, can I mention the Purpose as To file H4 EAD instead of the reason on the sample you provided?

          • Anil Gupta   12 Feb, 19 at 4:33 pm

            Additional information is to be filled only if you have anything additional to share.
            It is your choice about what you want to mention in the reason.


    • What to fill in additional information Part 5?


  3. My I-140 is still in processing and if i create an account and link my I140 receipt will i get the approval copy digitally? I couldn’t verify my identify as i don’t have my Aline no.
    Do i need to do any additional set to get the approved copy?


  4. Hi Anil,

    It is good information. One question though- if I request my i-140 through FOIA, will they notify my employer about my request ?

    Thanks,
    Sri.

    • Anil Gupta   9 Feb, 19 at 10:02 am

      USCIS does not send any information to employer if you apply for FOIA.


  5. Hi Anil,

    I have submitted 2 times FOIA request to provide my I-140 receipt number, but 2 times i have got rejection saying that to prove my identity by getting my details notarized.
    I have attached F-639 form and DL, passport copy along with FOIA request with notarized, Still i got rejection.
    Can you please help me out.

    Thanks,
    Babu

    • Anil Gupta   15 Dec, 18 at 7:56 pm

      You must have missed something in your request.
      If the reason is solely the identity verification, then you must provide the documents that they ask.

      Are you sure your Employer has given your correct details on i140 application?
      I suspect that if USCIS is not able to match your identity with i140, the reason could be that your employer has made some mistake.


      • Hi Anil,

        Thanks for your quick response.
        Last month i got my H1B extension based on I-140,(Completed my first 6 yr quota).
        If the employer not provided proper information during I-140 process, Did USCIS will not verify those details while H1B extension/renewal?

        Thanks,
        Babu.

        • Anil Gupta   15 Dec, 18 at 9:03 pm

          In that case, I have no no idea why your identity documents are being rejected by USCIS.
          You have to call and ask them as to what is wrong.


          • Hi Anil,

            Am planing to apply again,
            Can you please confirm that form G-639 is required for I-140 request? if Yes, what sections should i fill (i see 2 parts in the document, Requestor’s and Subject of record)

            Thanks,
            Babu.

    • Anil Gupta   14 Jan, 19 at 9:47 am

      Hi Babu,
      I had shared your question anonymously on truvisa.com to see if anybody knows the answer. Here is what one user has to say for rejections:
      https://www.truvisa.com/t/i140-foia-request-denied-twice-for-identity-proof/1758/5?u=anil_gupta

      You might find it useful.


  6. Hi Anil

    I have applied FOIA through mail 2 weeks before. Do they send any acknowledgement or some reference number that we can use for tracking the case status?

    Thanks
    Mani

    • Anil Gupta   21 Nov, 18 at 7:54 am

      Yes, they do send an acknowledgement mail with a FOIA control number for your request. You can use this number to track your application status.
      Create an online USCIS account and see if they have any information for your request there.


      • Thank you Anil. I have created an USCIS account with the email id i sent on the FOIA request and i dont see any request information there. Based on past experience do you know how long it takes to get a control number? Is there any way that i can add my request to my account ?

        • Anil Gupta   26 Nov, 18 at 6:00 pm

          USCIS first sends a mail letter with UNC number in case they need more info about your identity.

          The UNC number is converted to NRC number after they have verified your identity. You will receive another mail letter with NRC number and PIN.

          The USCIS FIRST account is useful only after you get 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.

          Did you send the request with tracking mail? Do you have confirmation that it was delivered?


          • Thank you Anil . Yes i sent with tracking and it show its was delivered on Nov 10. I have to wait till end of this week . Appreciate your feedback and help 🙂


            • You are welcome. Let me know if you need more information.


            • I have received my NRC number and PIN today . I have signed up for digital delivery.

              Appreciate your help!

            • Anil Gupta   29 Nov, 18 at 5:13 pm

              So, it was just a bit delayed.
              Happy to know that you got the mail.
              All the best.


            • Anil,

              I am still waiting to get the I140 approval copy through FOIA . I was told by my friends that the I140 approval copy that we get from uscis doesnt have I797 approval notice. Please let me know which part of the document that we receive through FOIA will be useful to transfer to a new employer

              Thanks in advance


            • Its okay even if you can get i140 notice copy. You can use it.

        • Anil Gupta   26 Nov, 18 at 6:20 pm

          Check this link for more information about how USCIS sends information to online account:
          https://www.truvisa.com/t/document-delivery-by-foia-request/1474


  7. Hi Anil,
    I have applied FOIA through email around 2 weeks before. I did not get response from them or did not receive any automatic eMail ‘uscis.foia@uscis.dhs.gov’. Now query is Should I wait for their response or should I send the application through email. Could you please help me?

    Thanks

    • Anil Gupta   17 Nov, 18 at 9:55 am

      Check by creating the online USCIS account to see if you have any information on your email request showing as submitted there.

      If not, it is better to send the FOIA request by postal mail.


      • HI Anil,

        Thank you for your replay.
        I checked the status of my FOA request and it mentioned that it has been processed. I am not able to register my control number online due to some error. Now how they are going to send the requested document? id it mandatory to register into uscis website.

        Thanks,
        Prash

        • Anil Gupta   12 Dec, 18 at 7:15 am

          What’s the error that you are getting.
          You should get your requested document by mail too.


          • Thanks Anil.. I am getting an error mentioning that recheck your control number and pin. But I am providing correct control number and pin.


  8. Hi Anil,
    I got the I140 thru FOIA and i noticed that my employer has given wrong SSN number and 1st letter of my passport is also missing.
    There is no way i can ask my employer to get this fixed.

    Say, If i change employer after 6 months of i140 approval, will the employer be able to withdraw/revoke the i140 stating that the information provided is wrong?
    I ask this because I feel my employer has intentionally done this wrong so that they can revoke/withdraw incase I leave there org even after 6 months rule.


    • Well, the information should be corrected as early as possible.
      Your i140 approval is a very important document for your future H1B extensions and future GC priority date portability.

      USCIS can withdraw i140 even after 6 months if they find there was some fraud or cheating of any kind.
      So, there is a possibility.

      You should ask your employer to get it fixed. You can simply say that you got i140 using FOIA because you want to file H4 EAD for spouse.


  9. Hi Anil , thank you for the great and informative blog post it really helps a lot.
    One thing i wanted to ask and confirm , is the A number on PERM i.e ETA 9089 and I-140 the same
    I happened to read online PERM is for DOL and I-140 from DHS , as the two agencies are different hence the two A- numbers will also be different

    https://www.avvo.com/legal-answers/what-is-the-difference-between-the-a—-a-nnnnn-nn-1273179.html


    • Where do you see the A number on PERM?
      As per my information, it is called ETA number.

      A number is on i140 approval or any EAD card that you may have.


      • Hi Anil , the PERM has ETA case number for ETA 9089 which is 10 digit number , in my case it starts with T-XXXXX-XXXXX but my employer replied to me saying PERM # is A-XXXXX-XXXXX ( he basically replaced the T with A for the ETA case number)

        Is this A number same on both PERM ETA-9089 as well as for I-140 and can i use this A number to file for FOIA


        • No, its not same.
          A number on i140 approval is a 9 digit number whereas ETA 9089 number is a 10 digit number.
          ETA number format : T-XXXXX-XXXXX
          A Number format: A-XXX-XXX-XXX

          I am not sure what you asked your employer and what did they replied with in their answer.
          Did you ask them to share your A Number?

          For more information about A number, check this link:
          https://www.am22tech.com/alien-registration-number/

          Do not share the A number if you do not have the correct one. You can leave the A number field blank too.
          USCIS can search your records based on other information that you share too.


          • This is great , thank you very very much for your explanation. I do have my OPT EAD card with me from several years ago hopefully it should have my alien registration number , if not i will leave the A number blank and try to fill as much of remaining information just as you advise….thanks again


            • You are welcome. All the best and let me know if you need more information.

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