USCIS FOIA request for I-140 information

Written by Anil Gupta
  Written by Anil Gupta - Updated on  14 Apr, 19

104  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.

Open sample G-639 form in new window.

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.

 

   104 Questions & Answers



  1. bsen
    bsen 14 Apr, 19 at 5:01 pm

    Hi, I raised the FOIA request three months ago and still there is no update. When i reached to FOIAPAQuestions mail group, they told that the case is open and will receive the update once its completed. Please let me know do we need to simply wait or any other way to expedite it?


    • Anil Gupta
      Anil Gupta 14 Apr, 19 at 6:25 pm

      You need to wait. It will be processed soon.


      • bsen
        bsen 14 Apr, 19 at 6:25 pm

        ok Thanks!


  2. MDash
    MDash 9 Apr, 19 at 9:29 am

    Hi, I have received the email for USCIS that FOIA is processed and my document is ready for download from my USCIS account. But i do not find any document when i log into my USCIS account. Its more that 10 days after i received the email. Can anyone please help and let me know they faced similar issues? What should i do here now?


    • Anil Gupta
      Anil Gupta 9 Apr, 19 at 9:58 am

      Are you logging into USCIS FIRST website and have you connected your case number there?


  3. Sherin
    Sherin 19 Mar, 19 at 10:51 pm

    Hi,
    Since I will be relocation to a new state in US based on my new assignment in next 1 month, for now shall I give my friends address in the G-639 form? or Will they use USPS to deliver the I140 approval copy over mail, so that I can use mail forwarding option to my new address.


    • Anil Gupta
      Anil Gupta 20 Mar, 19 at 8:12 am

      You can give your friend’s address on the form. But, you can access your documents online as well if you register on USCIS FIRST website (link given above) as and when USCIS has processed your FOIA request.


  4. Mazin
    Mazin 3 Mar, 19 at 9:09 pm

    Which is the fastest way to get the I-140 through FOIA ? Email or Postal mail ? Also would adding some Proof of identity notarized is required and would reduce turn around time to verify identity ? The above post doesn’t specify about identity notarization. Appreciate any help


    • Anil Gupta
      Anil Gupta 3 Mar, 19 at 9:15 pm

      It is better to add identity document with notarization. The fastest way is to apply FOIA for i140 by email.


      • Mazin
        Mazin 3 Mar, 19 at 9:29 pm

        Thank you so much Anil. This is very helpful. Really appreciate your help & contribution to H1-B community.


      • Mazin
        Mazin 4 Mar, 19 at 8:29 pm

        Hi Anil,
        Is it advisable to do both email and postal mail ? would this increase the possibility of responding faster in one channel or the other ?


        • Anil Gupta
          Anil Gupta 4 Mar, 19 at 9:11 pm

          Why do you want to file two applications?


          • Mazin
            Mazin 27 Mar, 19 at 4:05 pm

            Anil,
            I had filed my email application on March 4th. I haven’t got any response / acknowledgment yet from USCIS. Its been 24 days. I called up USCIS customer service and they said they dont see any outstanding application for me. Probably they haven’t processed my request yet. Would sending another request through mail now would help ? Thats one of the reason i was asking if we had to do 2 requests one by email and mail. What is the usual SLA for receipt notice ?


            • Anil Gupta
              Anil Gupta 27 Mar, 19 at 4:13 pm

              You can send another request if you want.


  5. Kumar
    Kumar 1 Mar, 19 at 12:50 am

    Hi Anil, My employer did not provided the I140 Receipt number and Alien Number. But recently they applied my H1b Extn and I got the H1b Extn Receipt notice also. In H1b Receipt notice – Beneficiary section, along with my full name, there is a number in format “AXXX XXX XXXX” (A with 9 digit number). Pls let me know, Is this Alien number?

    If Yes, I would like to mention this Alien Number in my FOIA request for I140 Approval copy


    • Anil Gupta
      Anil Gupta 1 Mar, 19 at 5:42 pm

      I can;t really say if this is Alien number or not without looking at it.

      Usually, the A number starts with A though.


  6. Kumar
    Kumar 27 Feb, 19 at 1:25 am

    Hi Anil

    I want to request for my I140 Approval copy through FOIA eMail. Please clarify the below

    1. What should I mention in G639 form “Description of Records Sought”.
    Can I say like. “Please provide the copy of I140 Approval Notice and please provide the I140 Receipt number”
    2. Should I notarized only form G-639 (or) G-639 + One Identity (DL/Passport etc)?
    3. Do I need to provide any other notarized or certification of identity forms other than above?
    4. Can I notarize the G639 and other docs in the Bank?

    Thanks in advance


    • Anil Gupta
      Anil Gupta 27 Feb, 19 at 9:33 am

      I have added a sample G-639 form in the above article for your reference.

      It is always a good idea to notarize all documents that you are sending. You can notarize anywhere you like, including a bank.


      • Kumar
        Kumar 27 Feb, 19 at 6:43 pm

        Thanks Anil

        Could you also pls provide your inputs for Point1

        2) Is only Passport Notary is sufficient or should I do notary for 2nd Identity also (Like DL copy). My current address is not matching with address on DL. So If only one Identity notary is fine, then I will skip DL notary

        3) Pls provide your inputs for Point3 also from above

        Thanks again


        • Anil Gupta
          Anil Gupta 27 Feb, 19 at 7:17 pm

          You can write the i140 statement that you have mentioned.
          As already answered, it would be better if you notarize all documents that you are submitting.


          • Kumar
            Kumar 27 Feb, 19 at 7:32 pm

            Sorry, if my question got confused and does not make sense. But I am trying to know if one Identity (Passport) notary is sufficient or should I do notary for at least two Identity documents

            2) Other than G639 Form and Identity, any other forms should I go for notary


            • Anil Gupta
              Anil Gupta 27 Feb, 19 at 9:18 pm

              One identity proof document is enough as per my opinion.
              What other forms are you sending other than G639 and Identity?


            • Kumar
              Kumar 27 Feb, 19 at 11:38 pm

              Sure.
              I am sending the notarized G639 and Passport. Will this be enough or should I send any other notarized documents.?


            • Anil Gupta
              Anil Gupta 27 Feb, 19 at 11:52 pm

              Hi Kumar,
              You are asking the same question multiple times.
              My answer is same and it is available in my previous reply.


            • Kumar
              Kumar 27 Feb, 19 at 11:52 pm

              Yes Anil. You already provided the response that these two documents should be fine and both must be notarized.
              Once again thanks for all your help and especially for quick responses.


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