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

Asked over 1 year ago - 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.

Attorney answers (4)

  1. 13

    Lawyers agree

    Answered . Use FOIA.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. 4

    Lawyers agree

    Answered . 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; email:; Phone: (866)... more
  3. 2

    Lawyers agree

    Answered . 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... more
  4. 1

    Lawyer agrees

    Answered . 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.... more

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