I140 no update since 2009

[raj101010]

In July 2007 both I140 and I485 was applied in EB3 category (2005). In Jan/05/2009, got I140 approval notice, and in a couple of days received a RFE on the I140. There was a mix up in the case, somebody else's case was attached to mine. The attorney's office responded to the RFE within the time frame that was given.

There has been no update since 2009, we have not received an updated approval notice or confirmation on receipt of the RFE response or anything. My H1B was renewed for 3 years since then, and the attorney and company both are saying that since we received H1B renewal for 3 years the I140 may be assumed as approved.

1) Are we supposed to receive a new approval notice after the RFE mix up was cleared?

2) The online status still says Review of the RFE sent in 2009 - is that supposed to get updated?

Please help me understand what might be the case as I am not getting very much help.

Thanks.

[on_h1b_since_1998]

raj101010,

The reply to your 1st question is yes. Whatever the online status shows an approval notice will be a concrete proof that your case was approved. My online status on 140 still shows initial review wheras I got my GC 3 months back but I had the approval notice copy.

Please check with your attorney if he can request a duplicate copy from USCIS or you can create the FOIA request(I am not sure how it is done but heard many have). You maynot receive it instantly but atleast get it done.