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 Anil Gupta
  By Anil Gupta          Updated  30 Jul, 19

  177    


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 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). 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.

#1 FOIA Request Online – USCIS FIRST Site

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

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. If you are already registered on USCIS website, you can login 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 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

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.


Open link in new window.

Open sample G-639 form in new window.

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 TRACK-1 request.

USCIS FOIA Request Control Number Status

USCIS sends an acknowledgement of FOIA application receipt by paper mail with 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?

Alien number is not required for 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 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:


Open link in new window.

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

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

But, I strongly recommend to send 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.

Is PERM ETA number same as i140 A number?

No, ETA number and A number are not same.

Is form G-639 required to be Notarized?

The notary is not required for form G-639.
We recommend getting 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 notary, just sign yourself ‘under penalty of perjury‘.

Can we file FOIA for i140 request online?

You can file 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 FIRST website electronically.

How much is USCIS FOIA filing fees?

USCIS FOIA filing fees is zero (0) dollars.


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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.Gupta
    Anil.Gupta

    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.


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  177 Useful Questions & Answers

  1. Sai
    Sai 27 Jul, 19 at 8:47 am

    I have requested I140 twice and both times I got the filing document and did not receive the i140 approved copy. Did anyone experience this?
    Can I provide the filing copy to another employer for h1b transfer.

    Appreciate your help


    • Anil Gupta
      Anil Gupta 27 Jul, 19 at 2:44 pm

      You can use the receipt copy (filling documents) for H1B transfer.


      • Sai
        Sai 29 Jul, 19 at 9:47 am

        Thank you Anil. Also want to check if there is any option to get the i140 approval copy. All I have is the filing copy which employer submitted to uscis which has the recipe number and approval date.


  2. A
    A 20 Jul, 19 at 11:35 am

    Hi,

    Received ack letter with case number and pin. Online status says completed and ready for download.

    When I try to register case by pin in online first account, It is saying nit register please verify correct case number and pin entered.

    can some one tell what could be the issue / next steps.

    Thanks


    • Anil Gupta
      Anil Gupta 20 Jul, 19 at 4:19 pm

      I am not sure why the PIN is not working for you. May be someone who has experienced the same issue might respond here.


  3. Pranay
    Pranay 15 Jul, 19 at 8:37 am

    Hi

    My FOIA request for i140 copy was completed around 29th June, 2019. But the document library is still blank. Any suggestions on how much more should I wait??


    • Anil Gupta
      Anil Gupta 15 Jul, 19 at 5:54 pm

      I am not sure how much time is it taking at this time.


    • Test
      Test 18 Jul, 19 at 5:23 pm

      Hi Pranay,

      Can you pls let us know,
      1) How many months it took to complete the request
      2) What’s the processing type you went through (eMail/Mail)?

      It would be very helpful to the group here as we are waiting for the documents from long time


  4. Abhishek
    Abhishek 7 Jul, 19 at 1:32 am

    Hi Anil,

    I submitted my FOIA application online(on first.uscis.gov) there is a new option available there from June 25th. That seems the “fastest” way to submit the application now.

    Just wanted to let the community know about this option. Also, the NRC number is immediately generated so we don’t need to wait for weeks.

    I have a question that i140 copy is which track of processing?


    • Anil Gupta
      Anil Gupta 7 Jul, 19 at 12:45 pm

      I 140 application comes under track 1.


      • Abhishek
        Abhishek 7 Jul, 19 at 2:19 pm

        Thanks Anil..you may also want to update the filing options with online option as well…as that’s the most convenient and fastest option for filing FOIA requests with USCIS.


        • Anil Gupta
          Anil Gupta 7 Jul, 19 at 2:27 pm

          Sure. I will update the article. Thanks.


    • Kumar
      Kumar 21 Jul, 19 at 3:37 pm

      Hi Abhishek,

      Do you see any change in your request status…? If so, after how many days..? I have submitted mine like 10 days ago(for I140 copy) using online option(on first.uscis.gov) and status is still “Submitted”. There is no “Estimated Completion Date” too.


      • Abhishek
        Abhishek 22 Jul, 19 at 9:01 am

        Hi Kumar,

        Right now you might be seeing a number ending with REQ. After 10 days they will give you actual tracking number with a status. After around 20 days I got the estimated completion date and my number in the queue. Right now it says its slated to be completed around end of august.


        • Kumar
          Kumar 23 Jul, 19 at 12:20 am

          Hi Abhishek,
          Thanks for sharing all the information. You are right. As of now, my control number is still ending with “REQ”. Will wait for few more days to see if it changes. Thanks again.


  5. raja
    raja 1 Jul, 19 at 10:01 am

    Hello Anil,

    I sent a FOIA request on May 20, 2019 via email as you suggested above.How long does it take to receive the control number and pin via mail.How can i do follow up on it.Give me your suggestion.


    • Anil Gupta
      Anil Gupta 1 Jul, 19 at 10:01 am

      It is taking more than 30 days to get a response at this time.




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