FOIA response to my query for getting a copy of I-140 approval notice.

[Kris01]

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

[pontevecchio]

In 2001, substituted LABOR was allowed and maybe the approval was used for somebody else.

[Kris01]

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?

[Kris01]

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

[pontevecchio]

In any case, the new rules were effective from 2017. You cannot use them retrospectively. As regards using the PD from a now extinct company, this may or may not be allowed.

Under your circumstances, I would consult a lawyer, maybe the firm of Murthy in MD  and consider the money well spent if it gives you a clear picture of what is possible and what is not regarding PD retention in your case.

[Kris01]

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