FOIA and Privacy Act FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

I-140 revocation

Authored on: Mon, 04/20/2020 - 01:39

Question

1. I have my I-140 approved 2 months back and my employer is not ready to share the approval notice, is there any way to get it?

2. I am planning to look out for a job change and will my I-140 still be there if I change my employer or is there any time period I have to be with the employer or can they revoke my I-140??, as I am planning to get EAD for my wife on my I-140.

Answer

Watch the Video on this FAQ: I-140 revocation

 

Video Transcript:

 

You should file a  Freedom of Information Act (FOIA) request online. You should be able to file and ask for all immigration related documents relevant to your case. They should be able to give you any documents that can prove that your I-140 was approved. Remember, even without the proof you should be entitled to almost all the benefits because the I-140 is the employer's case and you may not have a copy of the approval but you are the beneficiary of that case so the government should cooperate.

 

If you do not have an issue with extension beyond six years you are fine. Even if they revoke your I-140 one day after your I-140 approval, they cannot take away your priority date. That can be transferred to another new green card. If they don't revoke the I-140 or if they revoke it after 180 days your spouse will be entitled to H-4 EAD. But if they revoke it before the 180 days then both you and your spouse will have to wait until your second I-140 to a new employer is approved. FAQ in detail...




Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

What to do About Past Immigration Problems Causing a Current Visa Denial?

Authored on: Tue, 07/02/2019 - 07:20

Question

I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018. <br>
I was asked if:<br>
1) How I didn't think it was weird that there were no classes?<br>
My response - Well yes, that's why I left after a year<br>
2) So what did you do for a year?<br>
My response - waited on more information from the university regarding class timings, and just kinda hung around<br>
3) I was pressed on what I did when I was hanging around, how I paid for things<br>
My response - I worked during that time<br>
<br>
The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial.
<br>
I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.<br>
What are my options ahead? Should I:<br>
1) Re-apply and give it another shot?<br>
2) Wait to become a Canadian citizen, then apply?<br>
3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?<br>
4) Hire a lawyer to fight this in court as being unfair.

Answer

Watch the Video on this FAQ: What to about past immigration

problems causing a current visa denial?

Video Transcript

I think you should hire a lawyer. Your lawyer should first reach out to the consulate wherever the visa was denied and ask them the reason for denial. At the same time they should apply for Freedom of Information Act (FOIA) request. Get a copy of all the documents that the government has on you. It is a long, tedious process and it could take months or even years to get it straightened out.

If possible you should also look at 212(d)(3) waiver. These are available for non-immigrant visas such as a tourist visa even though you have a bar from entering the United States. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Obtaining copies of approval notice and other documents through FOIA

Authored on: Tue, 11/17/2015 - 22:51

Question

1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.<br>
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/H_VV9kV_lOg?t=1610

FAQ Transcript

Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS).  Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you. 

Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.

How to get a copy of I-140 approval

Authored on: Thu, 03/19/2015 - 08:33

Question

My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD.<br>
How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

First of all you really don’t need a copy of the I-140 approval. We have been able to get H-1 extensions as well as priority date transfers based upon just your name, social security number, date of birth , name of the old employer, but you should file a Freedom of Information Act request. If you go to the USCIS list of forms you will be able to see FOIA Freedom of Information Act. Strictly speaking it is a Privacy Act Request but they are the same form. The form is G-639. That will give you a copy of your documentation. Often time’s government gives you a copy of all your paperwork including your I-140 approvals. So doesn’t hurt to try that way. So we don’t really need it. You should be ok. But it is a good idea to have copies of everything that the government has and can share with you. So when you file the FOIA/Privacy Act Request form it’s free to file and there is no charge on it. In a few months (4-5 months) you will get copies of the documents and it could very well include I-140 approval as well.