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How can I get a copy of approved I-140 petition from my employer?

Irving, TX |

I am currently working on H1 for Company A who have sponsored GC for me under EB3 and my I140 is approved a couple of years ago. I am planning to switch to Company B now, who are willing to sponsor GC for me under EB2 if I can provide them with the I-140 approval notice from Company A.

1) I did check with Company A but they are not willing to provide me with a copy. They mentioned that it is an employer petition and cannot be shared with the employee. Can someone advise if this is a valid statement and if there is any way to get this from USCIS / Company A.

2) I checked few online forums and found that few people have raised a request with USCIS through FOIA (Form G-639) to get this information. I am not sure if this is the right thing to do. Please advise.

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Attorney answers 4

Posted

Ask for it from his attorney. They have to provide you with one. FOIA request from USCIS would be another option.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

Use FOIA.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

If you have a receipt notice, you can print out the case status from the USCIS website. If not, use FOIA.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

Posted

Here's the deal ... the new company's attorney can probably get a copy with a FOIA.

But, before pushing things, talk to the new company's attorney to see if Company A can cancel the approval

Talk to the lawyer, not a non-attorney in HR.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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