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  24 Jun, 19

  148    


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 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

#2 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

#3 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.

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 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:

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 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‘.

Is PERM ETA number same as i140 A number?

No, ETA number and A number are not same.

 


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   148 Useful Questions & Answers from comments



  1. Raj
    Raj 19 Jun, 19 at 4:57 pm

    Hi, The link to sample G-639 is not working? Do you have another link maybe? How can I see the sample form that you filled up?

     

    • Anil Gupta
      Anil Gupta 19 Jun, 19 at 5:11 pm

      I just checked and the link is working.
      Can you try using any other internet browser?

       

  2. Krishna
    Krishna 13 Jun, 19 at 2:14 pm

    My Online account-application status shows as completed.But could not able to download any document from document library .

    I sent an email last week to USICS , they said my case still is in last phase and will send an email once doc available to download .But as per online it shows as completed . CONFUSED !

    Any one of you guys facing same problem here ? What is the workaround. TIA

     

    • Anil Gupta
      Anil Gupta 13 Jun, 19 at 2:30 pm

      No workaround that we know of.

       

    • Thirupathi Kakarla
      Thirupathi Kakarla 18 Jun, 19 at 3:23 pm

      Krishna, i am also facing the same situation,My FOIA status says completed in online.but still didn’t see any document.sent email to FOIA team no response.did you get any update from them.?

       

      • Krishna
        Krishna 24 Jun, 19 at 9:23 am

        No Update still waiting. When dod you submitted what is the status

         

        • Thirupathi Kakarla
          Thirupathi Kakarla 24 Jun, 19 at 11:13 am

          I have submitted it on April 1st 2019.status was updated to completed in June 1st week.My request was categorized under simple request Track 1.

           

  3. Mazin
    Mazin 13 Jun, 19 at 1:06 pm

    What is the current processing time ? My case is pending in Step 2 since March 5th , the initial 797-C i got stated its been processed in Simple track

     

    • Anil Gupta
      Anil Gupta 13 Jun, 19 at 2:30 pm

      You can check the current FOIA processing time on USCIS website itself using the link given in above article.

       

  4. Yeshwanth
    Yeshwanth 12 Jun, 19 at 3:25 pm

    Hi Anil,
    Thanks for your detailed blog, it is really very helpful.

    I have a question.
    My I-140 got approved on Feb-2019 and traveled to India for passport renewal and now I have a new I94 number.So while filing FOIA do I need to mention my old I-94 [where my I-140 was approved ] or new one ? Any help would be appreciated.

     

    • Anil Gupta
      Anil Gupta 12 Jun, 19 at 7:35 pm

      Your new i94.

       

  5. Gourav
    Gourav 11 Jun, 19 at 5:35 pm

    I moved from company A and started working full-time for company B(with company C as the client). Company B applied for my H1B transfer which later got denied. They didn’t share the RFE and denial letter. Is there any way I can get it(RFE letter and Denial letter) from USCIS? Can I use FOIA for it?

     

    • Anil Gupta
      Anil Gupta 11 Jun, 19 at 6:05 pm

      I have never heard of it before about anyone asking USCIS for RFE details but you can certainly do that.
      You can ask for any data from USCIS.

       

  6. Mouli
    Mouli 8 Jun, 19 at 7:25 am

    Hi Anil,

    My FOIA request has been completed but i couldn’t find any documents under ‘Document Library.’

    As per your post , USCIS will send an email once the documents are ready. Do i need to wait for the email from USCIS?

    I have attached an image of my request . At the Completed status they say the following
    Your requested documents are available in your own portal unless you selected an alternative delivery method.

    Where do i see my documents? Do i need to contact the USCIS Contact Center? https://uploads.disquscdn.com/images/98dd675a70f98c11d631f4feb45df239b98c4ee34aa0244003c6e8ff3e58221f.jpg

     

    • Anil Gupta
      Anil Gupta 8 Jun, 19 at 11:04 am

      Did you selected to get the documents by mail or online?

       

      • Mouli
        Mouli 8 Jun, 19 at 6:31 pm

        Thanks for your quick response.

        There was no such option on G-639 form to opt out. But i have filled the section “Mailing address for the subject of record.”

        I have carefully read the yellow flyer (sent by USCIS) and found out that the USCIS will notify me through email once the documents are ready under “Document Library”.

        I really appreciate your help .

         

        • Anil Gupta
          Anil Gupta 9 Jun, 19 at 12:22 am

          I am not sure in this case as to why the documents are not showing online then. Normally, the do.

          I guess the only option is to call USCIS and ask.

           

    • VJ
      VJ 11 Jun, 19 at 3:15 pm

      hi Mouli, I am in same state. I see my FOIA request as complete, but documents are not shown under Document library.
      Did you get any updates after that?

       

      • Krishna
        Krishna 13 Jun, 19 at 11:29 am

        I am on same boat . I sent an email last week to USICS , they said my case still is in last phase and will send an email once doc available to download .But as per online it shows as completed . CONFUSED !

        When did you sent your FOIA request ? any updates now. Thanks

         

    • Krishna
      Krishna 13 Jun, 19 at 11:28 am

      I am on same boat . I sent an email last week to USICS , they said my case still is in last phase and will sent an email once doc available to download .But as per online it chows completed . CONFUSED !

      When did you sent your FOIA request ? any updates now. Thanks

       

  7. Sudheer
    Sudheer 6 Jun, 19 at 10:25 am

    Hi Anil

    My FOIA completed and i got the I140 form with approved stamp on it and not the I797 approved copy. Is that OK to show as a proof

     

    • Anil Gupta
      Anil Gupta 6 Jun, 19 at 11:50 am

      Yes, this is fine. You can use this i140 receipt copy and receipt number for extentions and porting your dates.

       

    • Thirupathi Kakarla
      Thirupathi Kakarla 18 Jun, 19 at 3:32 pm

      Hi Sudheer,

      After FOIA status completed how much time it took for you to get the document.? ,My FOIA status says completed in online.but still didn’t see any document.sent email to FOIA team no response.

       

      • Sudheer
        Sudheer 18 Jun, 19 at 4:43 pm

        You will get email once they upload the document. I think it is around 10 to 15 days.

         

        • Thirupathi Kakarla
          Thirupathi Kakarla 18 Jun, 19 at 5:44 pm

          Thank you Sudheer for your quick response.

           

  8. sai
    sai 3 Jun, 19 at 3:12 pm

    Can we request I140 filing copy by our employer?

     

    • Anil Gupta
      Anil Gupta 3 Jun, 19 at 3:30 pm

      You can request i140 from your employer. It is up-to them if they share it or not.

       

      • sai
        sai 10 Jun, 19 at 11:36 am

        I mean can we do FOIA request to get I140 approval copy and filing copy ?

         

        • Anil Gupta
          Anil Gupta 10 Jun, 19 at 9:53 pm

          Off-course, that’s what is the article about.

           

  9. Sam
    Sam 3 Jun, 19 at 3:12 pm

    Hi Anil,

    I have below concerns.

    1. My I-140 was approved in mid 2018 but my employer didn’t share any information with me. So I had already filed the FOIA request last year. It’s been more than 6 months, there is no update on my request. Its still showing “currently number 570 of 2655 pending requests in Track One”. Its showing the same number from last 60-70 days. Also I had dropped an email to FOIA but they don’t have any update and estimated time line.
    What else we can do to get it faster? Any idea how much time it will take?

    2. My spouse got H4 EAD and starts working. Can I port the PD to new employer only with priority date number which starts with “A”. Also we have H4 EAD which is a proof that we have approved I-140. Any suggestions here what we can do if we don’t have copy of approved I140?

    Thanks In Advance

     

    • Anil Gupta
      Anil Gupta 3 Jun, 19 at 3:30 pm

      You can only wait at this time for USCIS FOIA response. What proof did you submit with your H4 EAD application when you did not have i140 information?

      You can use the approved i140 receipt number to file H1b transfer.

       

      • Sam
        Sam 3 Jun, 19 at 3:39 pm

        Hi Anil,

        My employer had filed the H4 EAD application on my behalf.
        I don’t have receipt number of i140.
        My FOIA request was notarized and I had sent via email.
        Any suggestions how we can port the priory date?

        Thanks In Advance.

         

        • Anil Gupta
          Anil Gupta 3 Jun, 19 at 3:49 pm

          You would need the i140 details to port the priority date.

          Your employer is clever.

           

          • Sam
            Sam 3 Jun, 19 at 4:01 pm

            yes, they are.. so there is no hope, only we can wait for USCIS response. But they are taking longer time.

             


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