When is AOS application reviewed for RFE?After Filing Date or After Final Action Date

[swimoracle]

Summary of my situation:

• Priority Date on I-140 is 10/2010
• DO NOT have a copy of I-140 filed petition (neither employer nor attorney)
  • filed FOIA request for the same
• DO have a copy of I-140 approval notice
• I-140 was filed by company A, which was bought by Company B in March 2017.
  • Company B is the current employer
• Attorney for Company B told the employer that they need the I-140 petition and/or 9089
  • to confirm the employment with Company B
    • not sure if this is due to M&A. I have not been able to confirm why the actual petition is needed to confirm that the offered job is available
    • We do not know the job position listed on I-140 or PERM application
    • I do not know if an amended I-140 has been filed showing Company B as successor in interest
      • maybe they are trying to file this now and need the original I-140?
  • process can not move forward unless the same is received

The only update attorney provides to me is that they are reviewing the application and still targeting end of month for filing. However, in another internal email to HR that I am privy to by accident - the law firm states that I-140 petition is required to move forward and it is unlikely that they would be able to file by the end of the month. They further say that my priority date is 2010 and hopefully it would be current until expedited FOIA is honored but then no guarantees.

The plan is to wait for FOIA however if the visa bulletin is retrogressed then a flailing option that I have in mind is to file without the employment verification letter and take an RFE for the same rather than waiting for the priority date to get current again.

Assuming this is a viable option (pls do say if its not), I would like to avoid the situation where the RFE is invoked but FOIA is not yet honored. I want to determine when is application reviewed for completeness; is it right after the filing or when the final action date is current. If latter then I have a much better chance that FOIA would have come through before the final action date/RFE on the application.