Saturday, April 25, 2015

How to get a copy of the Form I-140 approval for H4 EAD

As you know the H4 EAD law requires that either an AC 21 beyond 6th years extension or an approved I-140 approval on the H1B holder on whom the H4 depends in order to obtain the H4 work permit. In case, the approved form I-140 is the same company where the H1B holder is working, it is obvious that they will probably agree to give you a copy of the approval notice.  In case they are not willing to provide the approval notice or in case the I-140 is from a different company and the company is not willing to provide a copy, the following measures can be taken:

1.  Try to do a Freedom of  Information Act Request on form G-639 (http://www.uscis.gov/g-639) - you might be able to get a copy of both the I-140 and the Labor Certification. Note that it does not work all the time. The Shah Peerally Law Group PC has been successful in few such cases. You can reach us at 510 7425887, if you need any help; or
2. If you have the receipt number mention the receipt number and print the online status from www.uscis.gov.
3. To obtain a copy of your labor certification for other purposes you can refer to our forum for guidance http://www.splawforum.com/threads/45-Obtaining-your-Labor-Certification-copy-through-FOIA