Kris01

Thank you evecchio for your response and guidance.I really appreciate it.

A follow up question evecchio if as you have mentioned it was used for somebody else. My query is why the receipt number case status is still shown as approved in USCIS.? My understanding is if it was approved and used by somebody else the case status either should have shown as used or the status should have shown as other than approved. I am trying to understand if I can still use my I-140 if someone else has not used it. I would appreciate a response. Thanks

Thanks evecchio for your response. So I can't use approved i-140 for filing H1B cap exempt and porting the priority date for PERM with a new company?

I received the following response in (BOLD letters) from FOIA. I had submitted a copy of my 1-140 Receipt notice(Form I-797C) and a recent screen shot of my I-140 case approved status. " I have reviewed the original request and the documentation you submitted with your email. I am unsure what has happened but the receipt number provided does not appear to relate to you and further, the petitioner on your I-797 does not match the petitioner in our systems. The only information that matches both is the attorney listed on the form. As we cannot verify the listed receipt relates to you, we are unable to release any information regarding it. I would advise contacting your local district office for assistance. I apologize that we could not be of further assistance in this matter. " I am very surprised and confused with the above FOIA response as I have a valid copy of I-140 receipt notice (Form I-797C) with me.FOIA has advised me to contact local district office. I am currently living in India. My I-140 was approved in February 2001 filed by my old company which no longer exist. I am not clear how to go about in getting my I-140 approval copy. I would appreciate if someone can answer my query and provide guidance at the earliest. Thanks

Sorry User099 to ask the same question again, as I am little confused as to where my case stands, as i am getting different answers to my query. Some say I have to be employed with the company when my I-140 was approved and some say if it's not be revoked I can use it. Maybe I have to consult a good attorney to get a clear picture of my case. Thanks User099 for your help and guidance.

The old company no longer exist.

I resigned my old company in US and came back to India in December 2000. I recently checked the status of my I-140 it was approved in February 2001 and not revoked. I am currently in India. My question is as I was not working with my old company when my I-140 was approved. Can I use my approved I-140 for filing H1B under cap exempt and port my priority date with a new company when they start my PERM. I would appreciate early response. Thanks.

Thanks User0099 for your response. I resigned my old company in US and came back to India in December 2000. Like I mentioned my I-140 was approved in February 2001. My question is as I was not working with my old company when my I-140 was approved. Can I use my approved I-140 for filing H1B under cap exempt and port my priority date with a new company when they start my PERM. I would appreciate early response. Thanks.

I worked in US with my old company from 1996 to 2000. I came back to India in Dec 2000. My I-140 was approved in February 2001 and I recently checked my I-140 case status in USCIS website it shows as it is still valid. I have my I -140 receipt notice. I don't have a copy of my approved I-140. I had contacted FOIA online for a I-140 approval copy they asked to contact my old company to get the copy but my old company which I had filed my I-140 no longer exist. I have a copy of my I-140 Receipt Notice. My question is can I use my I-140 Receipt notice document to file PERM with a new company and port my old approved I-140 priority date ? I would appreciate an early response to my query.

Thanks evecchio and User099. I don't have a copy of my approved I-140. I had contacted FOIA for a I-140 approval copy they asked to contact my old company to get the copy but my old company which I had filed my I-140 no longer exist. I have a copy of my I-140 Receipt Notice. My question is can I use my I-140 Receipt notice document to apply for H1B visa under cap exempt category. ? I would appreciate an early response to my query. Thanks

Thanks User099 & Cyberlord for answering my query. I came to India in December 2000. I read in one of the immigration forums that if you were not in US in past six years then you are considered as out of status and cannot apply for H1B under cap exempt category and have to apply fresh H1B under lottery system. Is this correct? I would appreciate an early response. Thanks

I am mentioning my case and query below. I would appreciate if anybody can help and guide me with quick replies & answers.. My I-140 was approved in February 2001 from my previous company A. I recently checked in USCIS web site and it still shows my I-140 in approved status. I have my I-140 Receipt notice with me but not the I-140 approval notice. I am currently working in India with company B. My current company B is ready to process my green card and wants a copy my Original I-140 approval notice for using the priority date (PD). My previous company A no longer exist. I recently contacted FOIA online and created a request to get a copy of my approved I-140. I attached the following documents with the request 1.A scanned copy of my I-140 Receipt notice (Form I-797C) The FOIA responded by saying that my receipt number does not match with my name hence they cannot send me the file. I am very surprised and confused because my I-140 Receipt notice(Form I-797C) has my name in the Beneficiary column. I am not able to understand what they(FOIA) mean by saying " my receipt number and name does not match". Is it possible that my I-140 was transferred to some other person by my previous company A? I would appreciate if anyone here can answer my query and help/guide me in getting a copy of my I140 approval notice at the earliest. Thanks

I am mentioning my case and query below. My I-140 was approved in February 2001 from my previous company A. I recently checked in USCIS web site and it still shows my I-140 in approved status. I have my I-140 Receipt notice with me but not the I-140 approval notice. I am currently working in India with company B. My current company B is ready to process my green card and wants a copy my Original I-140 approval notice for using the priority date (PD). My previous company A no longer exist. I recently contacted FOIA online and created a request to get a copy of my approved I-140. I attached the following documents with the request 1.A scanned copy of my I-140 Receipt notice (Form I-797C) The FOIA responded by saying that my receipt number does not match with my name hence they cannot send me the file. I am very surprised and confused because my I-140 Receipt notice(Form I-797C) has my name in the Beneficiary column. I am not able to understand what they(FOIA) mean by saying " my receipt number and name does not match". Is it possible that my I-140 was transferred to some other person by my previous company A? I would appreciate if anyone here can answer my query and help/guide me in getting a copy of my I-140 approval notice at the earliest. Thanks

My I-140 is not withdrawn. I recently checked my I-140 status in USCIS website. It shows as approved. The company which filed my I-140 no longer exists. Can I use my the priority date of my approved I-140 to process my Green card with a new company and also filing H1B visa under cap exempt? Please note I am currently living in India. Thanks

I was working on H1B visa from April 1996 to November 2000. I came back to India in December 2000. I have not used the full six years of my H1B visa. I have an approved I-140 approved in February 2001. I am currently in India. My question is Am I eligible for applying for H1B visa under cap exempt category as my I-140 is approved? I would appreciate if someone can answer my query at the earliest. Thanks