"No approval record" through FOIA

[raambaju]

Hi all,

I filed for copy of I-140 through FOIA 7 months back and got the CD yesterday.

But all I have is I-129 in it and they told me that we couldn't find labor certificate or the I-140 approval notice in my record.

Did anyone experience such thing. Please let me know how to proceed and get my approval notice. I am sure my company filed the labor and got the approval of it. Similarly after that they filed for I-140 and they told me that it was confirmed long time back.

Can someone please let me know how to get my I-140

Thanks

Raam

[my2239]

just curious.

Is it not far easier to simply ask the employer for a copy of your I 140?

You filed for a FOIA and spent 7 months patiently

Consider this (what if?) scenario:

Your employer either lied or actually accidentally forgot to file your I 140

Would it not be a waste of time to have spent so long to realize it?

I do understand that employer employee relationships exist in various formats and are influenced by various factors

But remember that for a Green Card application to go smoothly it is critical that you maintain good talking terms (at the least) with your employer even though there are some safeguards in case he turns volatile/hostile

While achieving this may not be easy in all situations the results of having a good working relationship (or even a talking relationship at least) far outweigh the efforts to do anything else otherwise

Of course my reply may not have helped you but I would certainly advocate trying to get back in touch with your employer for your own good

Wishing you the best of luck either way

[BigJoe5]

Sometimes different files with different numbers and sometimes different name variations exist apart from one another. You may have provided insufficient information to find what you really wanted. Go back and examine the original request that you submitted. If you only provided information that would lead them to your H1-B I-129(s) then they would not go out of their way to search for something else in the FOIA context. There may be something else that they did not find.

I agree with the other post. Check with the employer.

[raambaju]

Thanks. My employer will not give the I-140 details, I have asked him several times. He fears that I may change employer though we are in good terms.

I can appeal within 60 days. I will try to provide some more details and see what happens.

-Raam

[JoeF]

Thanks. My employer will not give the I-140 details, I have asked him several times. He fears that I may change employer though we are in good terms.

Maybe he fears that you find out that he didn't file an I-140...

[BigJoe5]

Thanks. My employer will not give the I-140 details, I have asked him several times. He fears that I may change employer though we are in good terms.

I can appeal within 60 days. I will try to provide some more details and see what happens.

-Raam

Withholding such information is a blatant immigration-related unfair employment practice. DOJ's Office of Special Counsel for Immigration-Related Unfair Employment Practices has a Worker Hotline: 1-800-255-7688 Call them for help.

IF OSC cannot help I think you should visit USCIS' report scams section of the website IF you believe that the employer is conning you about actually filing an I-140.

http://www.uscis.gov/portal/site/uscis/menuitem.e8b24a3cec33ca34c48bfc10526e0aa0/?vgnextoid=e309d4aaee6ab210VgnVCM100000b92ca60aRCRD&vgnextchannel=6358d4aaee6ab210VgnVCM100000b92ca60aRCRD