Can I request at copy of I-140 approval notice using I-824 for H1B extension ?

Asked over 2 years ago - Miami, FL

My previous employer is not willing to provide me a copy of my approved I-140. As a beneficiary can I directly request my I-140 approval notice on I-797 ? If I can do I need any approval from my previous employer ??

Additional information

My previous employer is not willing to provide me a copy of my approved I-140. As a beneficiary can I directly request my I-140 approval notice on I-797 using from I-824? If in case I can request a a copy, do I need any approval from my previous employer as he not willing give me any papers.

Attorney answers (5)

  1. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . As a beneficiary can I directly request my I-140 approval notice on I-797 ? Not from USCIS. You can only request it from the petitioner.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Stuart Jonas Reich

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . This is a common problem with no good answer.

    A copy of the approval is needed for several purposes: post-sixth year H-1B extensions, portability, Priority Date retention, etc. Yet, USCIS will not even speak with you as Beneficiary about an I-140, and an I-824 wouldn't get you (as opposed to the employer) a copy.

    No way to get this but negotiation with the old employer directly - unpleasant though that may be..

  3. Curtis Frederic Pierce

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I'm inclined to agree with Mr. Reich.

  4. Karen-Lee Pollak

    Contributor Level 19

    Answered . Since the I140 approval notice belongs to the Employer you probably will not get one by filing an I824. You will have to file a Freedom of information Act Request.

  5. David Eli Larson

    Pro

    Contributor Level 15

    Answered . You can request a duplicate of your I-140 approval notice by filing Form I-824. You do not need your former employer's cooperation to do so. You may have a timing problem, however. The Vermont Service Center says it is taking 3 months to act on Form I-824 cases, but its current processing time experience is not a guarantee. If your notice came from Nebraska or Texas the processing times are longer (6 months to a year). You and your employer should consult with an immigration attorney. See the link below to the American Immigration Lawyers Association. In this situation, I might try printing the web page showing the I-140 approval from the USCIS web site using the case number and the status report feature.

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