USCIS FOIA Request for I-140 information, Sample G-639

Written by Anil Gupta
  By Anil Gupta          Updated  19 Jun, 19
  146    


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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   146 Useful Questions & Answers from comments



  1. Anil Raju
    Anil Raju 24 Oct, 18 at 3:48 pm

    Hi Anil,
    I did send a FOIA request last week on 17th and today I got a letter from them saying that my case has been placed under complex track 2 and also they asked me to prove my identity by getting my details notarized .

    all I requested was to “proved the approved I-140 copy and the receipt number which was filed under my name”.
    I had details about my A# and the I94 which I did provide in the G-639 form but I dont know why they put it under track2.

    After talking to the FOIA helpline , I was able to get my I-140 receipt number , should I include that too when I respond back to the leter from FOIA so it will help them to narrow down the ttracking time ?

    Thanks

     

    • Anil Gupta
      Anil Gupta 24 Oct, 18 at 4:19 pm

      I think they asked you to prove identity because of missing receipt number.
      You should also appreciate this fact as anybody can obtain your A and i94 number and then get your i140 details. They are basically trying to protect your information.

      Yes, you should include as much information as you have with your FOIA response letter.

       

      • Anil Raju
        Anil Raju 24 Oct, 18 at 4:23 pm

        Appreciate your response,

        1. Wont they deny the request stating that the I-140 belongs to employer and cant provide it to employee (upon providing the I140 Receipt number )?

        2. Also the FOIA asked me to verify my identity and get it notarized , is there any standard form for verifying the Identity ?
        I found this online but I am not sure if I can use this ,https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/cert_ind.pdf

        Thanks

         

        • Anil Gupta
          Anil Gupta 24 Oct, 18 at 4:44 pm

          1. Don’t worry, they will not deny the i140 information. That’s the whole purpose of this FOIA application to get i140 approval copy as your employer is NOT sharing it with you.

          2. Yes, this form looks good. In addition, you can send notarized copies of your driver’s license and passport too for identity verification.

           

          • Anil Raju
            Anil Raju 24 Oct, 18 at 4:53 pm

            Sure, Will send all the information I got .
            Your help is much appreciated.

            Cheers’

             

            • Anil Gupta
              Anil Gupta 24 Oct, 18 at 5:08 pm

              You are welcome.

               

  2. Anil Gupta
    Anil Gupta 1 Oct, 18 at 9:01 am

    I do not think that infopass would give you information. Infopass is only to ask general questions.
    You need to file FOIA request.

     

  3. Deep
    Deep 1 Oct, 18 at 8:36 am

    Hi Anil,
    Can we schedule an Info Pass Appointment to get the A-Number and I-140 Receipt Number?
    If yes, what documents do i need to carry for Infopass appointment

     

  4. DeepakSh
    DeepakSh 14 Sep, 18 at 1:49 pm

    Hi Anil,

    My I140 got approved recently and i want to file a FOIA request.

    1. My h1b extension in due by end of November, if i file a FOIA request now, will it hamper the h1b process in any way?

    2. In Part 3 i just have my i94 number, will than be sufficient for them?

    Thanks in advance.

     

    • Anil Gupta
      Anil Gupta 14 Sep, 18 at 2:07 pm

      1. No, your H1B extension won’t be affected. You are just requesting information from USCIS and nothing else.
      2. Yes

       

  5. sartaj
    sartaj 22 Aug, 18 at 9:29 am

    Is the Alien registration number on Perm Labor application and i140 same?

     

    • Anil Gupta
      Anil Gupta 22 Aug, 18 at 10:10 am

      Alien registration number is assigned uniquely to each individual. So, it should be same on both forms.

       

      • sartaj
        sartaj 22 Aug, 18 at 11:31 am

        Thank you for the quick response. So essentially if I came to the US on F1, then CPT, OPT, H1B, PERM labor and 140… All should have the same Alien registration number.

         

        • Anil Gupta
          Anil Gupta 22 Aug, 18 at 12:07 pm

          This is the official statement (https://www.e-verify.gov/glossary) – it is unique for a non-citizen and should be same for all visa applications:
          A unique seven-, eight- or nine-digit number assigned to noncitizens at the time their A-file is created. The nine-digit U.S. Citizenship and Immigration Services number listed on the front of Permanent Resident Cards (Form I-551) issued after May 10, 2010, is the same as the Alien Registration Number. The A-Number can also be found on the back of these Permanent Resident Cards.

           

      • Engee
        Engee 26 Oct, 18 at 11:22 am

        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

        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

         

  6. Arpit
    Arpit 13 Aug, 18 at 5:09 pm

    Hi,

    What is best mode to apply FOIA for i-140 approval number. Should I send a mail or email is faster to track response ?

     

    • Anil Gupta
      Anil Gupta 14 Aug, 18 at 7:43 am

      I believe email reaches faster than regular mail. Just kidding.
      Email is faster.

       

  7. Nani
    Nani 10 Jul, 18 at 12:02 pm

    Hi,

    Doesn’t 140 usually belong to the employer. I’ve heard cases where such requests are rejected for the sole reason that I-140 belongs to your employer and not yours.

     

    • Anil Gupta
      Anil Gupta 10 Jul, 18 at 1:06 pm

      I have not heard of any such case where USCIS has rejected the request based on this reason.

       

  8. EarthCitizen
    EarthCitizen 4 Jul, 18 at 3:20 pm

    Under Part 3, Item number 8 ‘Application, Petition, or Request Receipt Number’ – Aren’t we require to fill this field since it is not optional. If so, What do we need to fill up here in case person doesn’t have any GC related details.

     

    • Anil Gupta
      Anil Gupta 4 Jul, 18 at 6:55 pm

      You need to fill the I140 application receipt number here.
      If you do not have it, you can leave it blank.

       

  9. I-140Requestor
    I-140Requestor 3 Jul, 18 at 12:24 pm

    Can I request i-140 copy while being employed with the same employer, before changing jobs? And will my employer come to know if I request it?

     

    • Anil Gupta
      Anil Gupta 3 Jul, 18 at 12:28 pm

      Yes, you can request it anytime.
      Your employer will not know. USCIS does not send any information to your employer.

       

      • I-140Requestor
        I-140Requestor 5 Jul, 18 at 12:37 am

        Thanks for the response. Just a quick follow up, so if I change my employer and I have this approval, can my new employer continue to get H1B extensions based on this I-140 approval, or will he also have to get my GC paperwork started in order to go beyond initial transfer approval. I am in the USA for more than 6 years.

        Thanks again.

         

        • Anil Gupta
          Anil Gupta 5 Jul, 18 at 7:46 am

          You can use this current I140 approval to get H1B extensions as many times as you want.
          But, for filing the I-1485 (which is green card) when you priority date becomes current, you will need your CURRENT employer’s own PERM and I140.

           

  10. EarthCitizen
    EarthCitizen 27 Jun, 18 at 1:20 pm

    Hi Anil, First of all thanks alot for putting this all together. I have one question related to this. Will my employer come to know If i file a FOIA, does USCIS notify to employer or attorney? And also does it impact on EAD processing, as for my spouse EAD is in process and planning to file FOIA for same reason parallely.
    Thanks again.

     

    • Anil Gupta
      Anil Gupta 27 Jun, 18 at 1:27 pm

      No information is shared or sent to employer by USCIS. Your employer has no way to know about it unless you yourself go and tell 🙂
      There is no impact on any other applications that are filed in parallel.

       

      • EarthCitizen
        EarthCitizen 4 Jul, 18 at 2:39 pm

        Thanks for your quick reply. In continuation to my question. What all documents related to my GC will I be required at the time of changing my employer. Will I140 Approval notice be sufficient? Or will I even require my Perm Approval notice as well since my current employer didn’t shared any details related to my GC with me.

         

        • Anil Gupta
          Anil Gupta 4 Jul, 18 at 2:57 pm

          I-140 will be required to help with your H1B extensions beyond 6 years. You cannot use the same I-140 to file your green card if you do not want to join the current employer in future.
          For Green card filing (which is called I-1485), your new employer will need to file new PERM and new I140.
          Let me know if you need more information.

           

          • EarthCitizen
            EarthCitizen 4 Jul, 18 at 2:59 pm

            Thanks again for your quick reply and sharing this information!!

             

            • Anil Gupta
              Anil Gupta 4 Jul, 18 at 3:01 pm

              Not sure if you read my edited response. I added more information to help you.

               

            • EarthCitizen
              EarthCitizen 4 Jul, 18 at 3:26 pm

              Thanks for the detailed response. I am just making sure to collect all the documents I will be required related to filed Green Card application, at the time of changing the employer.

               


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