FOIA Request for Complete A#, CD received but No approved I797

ajames

By ajames,
in I-140

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ajames Newbie

ajames

Posted
Posted

Hi Experts,

I raised my second FOIA for complete alien records and I gave my A#. They sent me CD with complete I140 application, FEDEX receipt, all doucments that my employer attached. I received the I140 application form with approved seal along alien number and all except I-797 approved copy.

Even for my first request (my request titled "Copy of I-797 for I-140 application with receipt LIN#") -- I received CD but no I-797. Now I have 2 CDs with same info except I-797 of I140.

So, even after requesting for complete Alien file for A#, i received all info in CD except copy of I-797 for my I140 approval.

Now I got full time offer, Whether the information in CD would be sufficient enough to get 3 yr H1 extension and porting of my old prioirty date??? my desi employer refused to share copy of I140 approval..

someone pls help me...

  • 2 weeks later...
Attorney_15 Advanced Member

Attorney_15

Posted
Posted

Based on our experience and review of the law, it seems that the I-140 approval notice is not actually a document in the Alien File. Instead the I-797 is a physical representation of information USCIS has regarding the I-140 petition's status and the I-797 is how that information is transmitted to the petitioner. This is why the only way to get the a copy of the I-797 Approval Notice for the I-140 from from USCIS is to file the I-824 for a duplicate approval notice; notably the I-140 Petitioner is the only party able to make this request.

ajames Newbie

ajames

Posted
  • Author
Posted

To Attorney_15,

 

I understand your point. Now my question is whether the CD that I received from FOIA ( Complete Alien File ) will be enough to transfer my H1 and port my priority date?  Please tell me.

  • 1 month later...

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