If employer hasn't given a copy of the I-140 approval.

[shellyd]

After the I-140 approval, if the Employer has not given a copy of the approval to the employee,

 

1) Can the employee get a copy/proof of such an approval from any other source?

 

2) If the employee changes employer, can the employee utilize the I-140 approval for the further GC processing (assuming employee has no proof of I-140 approval, though in fact I-140 has been approved)?

 

thanks,

[itsmeusa]

1. You can file FOIA, it takes few months, but you get the I-140 petition itself which has the I-140 petition no, usually USCIS don't give the petition approval notice.

2. Generally, employer doesn't share I-140 copy, but at least they share the I-140 petition no. That's enough for us to make use of that I-140 approval if we change employer. Else you can start FOIA process and get I-140 petition. My friend successfully did this.

[pontevecchio]

1. A FOIA petition may help in some cases.

2. The only thing you retain is the PD in most cases. The new employer will have to file PERM and start from scratch.

[immiuserhelp]

I am looking for similar question.

 

My employer confirmed that my I-140 got approved in July 2013 but I don't have any copy of the receipt or petition no.

All I know is that it is approved and I have only the perm labor case number.

Is there a way I can get the I-140 details and I also read that if the employer revokes the I-140 within 6 months after approval, the priority date will be lost. Is that true?

I want to move to another employer now and looking for the details of I-140 to retain the priority date.

Please guide me in getting these details.

 

Thanks in advance

[itsmeusa]

@immiuserhelp - you need to file FOIA to get I-140 petition. USCIS usually doesn't give I-140 approval copy to you, but I-140 petition has I-140 receipt no. That's sufficient for your use.

 

Yes, employer can revoke I-140 anytime, if revoked within 6 months of approval, your PD is lost.

[pontevecchio]

It is absolute nonsense to say that the PD is lost if the I-140 is revoked within 6 months of approval. PLEASE do not mislead people .

[itsmeusa]

Thank you pontevecchio for your kind and polite words. I got to know so much. Thanks again for educating me.

[ssuhel]

I have Approved I-140 from Employer A and I want to transfer to Employee B. I have the I-140 petition no. but not the petition or the approval notice.

What are the steps I need to take (Employer B's lawyer will take) so that,

 

1. I get H1B extension using the approved I-140

2. Employer B retains priority date (This is important)

3. Employer A doesnt come to know of my transfer until my PD date is ported.  

[nvquery]

1. You can file FOIA, it takes few months, but you get the I-140 petition itself which has the I-140 petition no, usually USCIS don't give the petition approval notice.

2. Generally, employer doesn't share I-140 copy, but at least they share the I-140 petition no. That's enough for us to make use of that I-140 approval if we change employer. Else you can start FOIA process and get I-140 petition. My friend successfully did this.

Hey Guys,

 

Please tell me the procedure, website, the particular department (is it the Department of Labor or USCIS) where I can file a FOIA to get i-140 details?

Also, what exactly should I tell them that I need from them, which will help me with getting all details of my i-140 application?

A sooner reply is greatly appreciated!

 

TC

[kash]

On 4/8/2015 at 1:33 PM, nvquery said:

Hey Guys,

 

Please tell me the procedure, website, the particular department (is it the Department of Labor or USCIS) where I can file a FOIA to get i-140 details?

Also, what exactly should I tell them that I need from them, which will help me with getting all details of my i-140 application?

A sooner reply is greatly appreciated!

 

TC

any luck ?