Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

what to do with new dociments if I-140 was filed


I’m confused regarding DS-2019 and I-140.
1) What should I do if I already filed I-140 and after that I received a new DS2019 (extended) form? Should I send it to USCIS or wait RFE? Can it result in some problems/consequences?
2) While processing I-797C, my current DS2019 (that I sent in the petition, not the extended one) might be expired. Is that make any difference?

And a question from my friend:
3) I have never got I-797C, Notice of Action, only DS-2019. Should it be enough? Or how can I get I-797C?

Thank you very much for your help,


3 Responses to what to do with new dociments if I-140 was filed

  • Tigran Kalaydzhyan says:

    Hi Jane,

    If your DS2019 was not expired at the time of filing I-140, then no further action is required. Also, if your organization filed for new DS2019 before you filed for I-140, this also should not create any conflict.

    Regarding your friend, it is not clear why he/she is expecting I-797C (for what kind of documentation filed). Could you please elaborate on that?

  • Evgeniya says:

    Hi Tigran,

    thanks for your reply.
    Just to confirm. I-140 NIW petition was filed using my previous DS-2019 form. After I filed the form, I got a new DS2019 form with extended date of appointment. Do I understand you correctly that I don’t have to do anything in this situation, right?

    In the I-140 petition there is a list of documents that we should provide (immigration history) that include I-797C. She doesn’t have this type of document, only DS-2019 form. How critical is it?

    And more question: Is there any expiration date for the letters of recommendation?

    Thank you so much,

    • Tigran Kalaydzhyan says:

      Hi Jane,

      Yes, if the old DS2019 has not expired at the moment of I-140 filing, no further action is required.

      I-797C is a notice of action (for example, for the approved H1B petition, not for J1). If she did not receive it and she has all the documents confirming her present and past immigration history, then she is not supposed to file it.

      I am not aware of any expiration date for the letters of recommendation. I would assume that any reasonable time is good to go. Of course, if they are many years old, some of the information in them might be not up to date and you may need to get the new ones, but there is no strict rule concerning these matters.

Leave a Reply

Your email address will not be published. Required fields are marked *