Using FOIA for I-140 approval document copy

[crackerjack]

Hello Attorneys/Experts/Gurus,

My Green Card is currently in processing and I have got the I-140 approval for EB-3 category. I have requested my employer to share the I-140 approval document copy to keep for the records and they have denied my request saying that such approval documents are not shared as per the company policy. I have heard about the "Freedom of Information Act (FOIA)" thru which we can get the I-140 approval document copy from USCIS. Before submitting a FOIA request, I thought of checking the couple of questions as below. Thank you in advance for answering my questions.

Q1.Does my employer come to know if I request for the I-140 approval document copy thru FOIA? I mean, does the USCIS inform my employer about the FOIA request made?

Q2.Do you suggest using the FOIA requests to get the I-140 approval document copy?

Q3.This is my eighth year stay in USA and I have been working on H1B Visa. I would like to tranfer to a new employer as my current employer is not going to upgrade my GC from EB-3 to EB-2 category though I am eligible. My employer is getting queries (RFEs) for the PERMs applied and so they are not ready to upgrade my case from EB-3 to EB-2 category. So I have thought of changing the employer and file in EB-2 cetegory. I have heard from some of my friends saying that changing the job (H1B transfer) in the 7th/8th year extension period will be very difficult and risk taking. Is this true? Could you please provide some details about this.

Q4.Is it possible for my employer to withdraw/cancel my I-140 petition though it is approved? Would I be able to transfer to another employer in case my employer cancels the approved I-140 petition?

Q5.Is it possible to retain the priority date of the current GC filed in EB-3 category, in case I change the employer and start the new GC in EB-2 category?

~Crackerjack

[Attorney_15]

Generally, USCIS would not inform a petitioner when the beneficiary files a request for I-140 related information. However, one is unlikely to obtain a duplicate of the approval notice of the I-140. The I-140 approval notice is a document printed to provide the petitioner. One may wish to request a copy of the I-140 form showing the approval stamp and / or the worksheet(s) used by USCIS that indicate the approval of the I-140.

[hangover]

On 4/11/2013 at 10:45 AM, Attorney_15 said:

Generally, USCIS would not inform a petitioner when the beneficiary files a request for I-140 related information. However, one is unlikely to obtain a duplicate of the approval notice of the I-140. The I-140 approval notice is a document printed to provide the petitioner. One may wish to request a copy of the I-140 form showing the approval stamp and / or the worksheet(s) used by USCIS that indicate the approval of the I-140.

can we use the same document for H4 EAD application.