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FOIA request - Referred to NVC

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Hello Friends,

I raised a FOIA request with USCIS regarding the I-140 my employer has filed. To give you a background. My employer processed my I-140 which got approved in Dec 2012. My priority date is March 2012. I had to return to India last year for some personal reasons. My H1B petition has been revoked within couple of months I landed in India. I am not sure if I-140 is revoked too. I raised a FOIA request to seek information about my I-140 (copy of my petition) from USCIS. I mentioned my petition number (LINXXXXXXXXXXXX) in the request. I have received the following response from USCIS.

Dear ___

Your request was received in this office on Nov XX, 2013 regarding the subject : Receipt # (LINXXXXXXXXXXXX). After assessing your request, we determined that the responsive records are not under the purview of USCIS. We recommend that you redirect your request to the following government agency:

National Visa Center/ US. Department of State
Office of Information Programs and Services, SA-2
515 22nd Street, NW
Washington, DC

If you should have additional questions on the above subject, please direct your inquiries to the National Visa Center.


Did anyone receive a similar response. I am planning to approach the mentioned agency for processing my request. If anyone has any related experience, please do share.


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Hi Sid,

Just wanted to touch base and see, if you were able to obtain your I-140 APPROVAL.

1) Did you forward your FOIA request to Dept of State / National Visa center ?

2) Did you re-word your FOIA request and submitted back to USCIS ?

3) Did you find out what was the reason of USCIS referring NVC for your FOIA request ?


Did someone else encounter the same situation ?

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I forwarded the request to NVC

2. Nope. I was told by USCIS that once I-140 is approved, US state department has the file

3. See above.

When I contacted NVC via email (asknvc@state.gov), I received a response from them with my full case details (NVC Case# etc.). However, I haven't received the I-140 approval copy. I sent another request to them 1 month back and awaiting response.



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