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Case Stories
⏳ EB-3 I-140 Approved - Pending I-485 Filing with FOIA Documentation
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⏳ **Case Status: Pending**
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Applicant has an I-140 approved with Employer B as of February 2025 but has not received the physical approval notice from the employer attorney. They obtained a FOIA response confirming the approval and are inquiring whether this document suffices to file I-485 once their priority date becomes current.
I-140 approved with Employer B on February 18, 2025 per USCIS online status. Physical approval notice has not been received due to employer attorney delay. Applicant filed a FOIA request and received a response containing the approval letter. Priority date is not yet current. Question involves whether the FOIA-obtained approval letter is acceptable for I-485 filing in lieu of the original employer-held approval notice.
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**[📎 View Original Post](https://forum.am22tech.com/t/can-i-file-i485-with-foia-response/214856)**
*Source: AM22Tech GC Forum*
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*This post was automatically curated from online sources to share real case experiences with the community.*
FOIA-obtained I-140 approval documentation is generally accepted for I-485 filing — USCIS does not require the original I-797 notice if the approval is verifiable through official records. The online USCIS Case Status showing approval combined with a FOIA response is typically sufficient. Cases where applicants filed I-485 without the physical I-797 notice are not uncommon when employer attorneys delay release. If the priority date becomes current, applicants in similar situations should not delay filing solely due to a withheld approval notice, as USCIS has access to its own approval records. It is advisable to include the FOIA response, a printout of the online case status, and a brief cover letter explaining the situation.