lonedesi
08-04 04:15 PM
Letter to be sent for an I-140 petition pending at NSC:
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
From,
First Name, Last Name
Address,
To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Dear Mr. Ombudsman:
Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners
I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.
This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.
Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.
Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.
Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.
I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.
Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Please post a comment on this thread so that we can track how many members actually participated in this campaign.
wallpaper Sarah-Palin.jpg
gcseeker2002
04-04 05:30 PM
how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.
no answer ?
no answer ?
wanna_immigrate
05-06 10:59 AM
Did you check the New I140 approval notice? The priority date on the latest I140 will have your Old PD. I believe its also advised you file an interfiling request.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
Thanks for your reply. I still have to find out from the lawyer. All I have heard from him is 140 is approved. Before filing 140 he did say alongwith 140 application he will send a interfile request. I checked my 485 application online there is no change in LUD.
Thanks again.
2011 Bristol Palin holds her son
tikka
07-18 04:21 PM
I wish we make it only for contributing members.
good idea ! :D
good idea ! :D
more...
aerady
05-09 05:40 PM
I have been a victim of this rule implemented by DMV. On Texas the rule is like this. If you have Visa validity embedded on your DL, you will get a letter before 'Valid till Date period' on DL to show proof of approved I-797. In TX your approved petition you need to satisfy two conditions (1) When you go to DMV office, your approved I-797 should have atleast 6 months validity (2) The period on your I-797 should be more than one year. If you disqualify on any of these, they will suspend your license until you show a I-797 that satisfies the above two conditions.
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
gc4me
07-06 12:56 PM
I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine.
more...
SunnySurya
09-15 11:39 AM
I am with you and willing to share the cost.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
People, most of us here are just afraid that they will get red dots, be ridiculed for their beliefs. But the things is; If we don't fight for our rights, who will. We have to defend our place in the queue, which at the moment is at substantial risk.
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
2010 Bristol Palin, daughter of
shreekhand
07-18 05:50 PM
priti8888,
That is not true. Receipt Date is when the service center physically receives the package. They date stamp it and then use it to enter that RD when they generate the Notice on the ND.
What you see on the status page for sure reflects the ND and NOT the RD. So you can pretty much ignore what the status page says and rely on what your physical notice says (it states the actual RD when they physically received the package!)
Hope this is a clear explanation.
RECIPT DATE is the date when they input your info in the system. Before inputting in the system they check I140,medicals,etc. Notice date has no bearing. If your packet looks fine you get your receipt number and then you will be able to view the status on uscis.gov. The status will be something like "On july 9th 2007 we received your applivction ..............etc"
"Status :case received and pending"
That is not true. Receipt Date is when the service center physically receives the package. They date stamp it and then use it to enter that RD when they generate the Notice on the ND.
What you see on the status page for sure reflects the ND and NOT the RD. So you can pretty much ignore what the status page says and rely on what your physical notice says (it states the actual RD when they physically received the package!)
Hope this is a clear explanation.
RECIPT DATE is the date when they input your info in the system. Before inputting in the system they check I140,medicals,etc. Notice date has no bearing. If your packet looks fine you get your receipt number and then you will be able to view the status on uscis.gov. The status will be something like "On july 9th 2007 we received your applivction ..............etc"
"Status :case received and pending"
more...
ravish_kaipa
09-12 12:29 PM
Here are my details.
Confirmation Number: 5HL471558P745653V
Amount $100
Confirmation Number: 5HL471558P745653V
Amount $100
hair Bristol Palin says abstinence
Dhundhun
06-11 01:13 AM
When do you think would EB2-I hit Feb 2005? Before this year end?
Perhaps not. With many I140 getting approved, there are always chances of dates going back instead of moving forward.
I can think of average movement of one or two months moving forward per quarter. The two bills in pipeline can ease this situation:
1. Removing country quota
2. Recapturing of unallocated GC Visas
Perhaps not. With many I140 getting approved, there are always chances of dates going back instead of moving forward.
I can think of average movement of one or two months moving forward per quarter. The two bills in pipeline can ease this situation:
1. Removing country quota
2. Recapturing of unallocated GC Visas
more...
pappu
09-12 10:25 AM
/\/\/\/
We need people to run this drive and devote some time to this action item. Please keep this thread alive
We need people to run this drive and devote some time to this action item. Please keep this thread alive
hot Bristol Palin ends her
leoindiano
07-11 10:56 AM
Just did some stats on , did only for texas service center
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
It appears that Notice Date is immaterial. As long as your PD is current.
So, you dont need to worry, if your notice date is Oct 2007 and TX processing date still shows July 17th. They are approving the cases as long as your PD is current in PD order which makes sense.
I see a case with Nov 12 2007 ND and PD of dec 2002 is approved.
Dont expect any LUD's either, Only suprise email matters....welcome to america, card production ordered.....:D
more...
house Bristol Palin holding her
pappu
09-09 11:20 PM
Just made an online contribution through my banks bill pay for $150.00. My handle should be part of the memo.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
Thanks for the contribution.
Contact us link is on every page at the top.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
Thanks for the contribution.
Contact us link is on every page at the top.
tattoo TLC#39;s #39;Sarah Palin#39;s Alaska#39;
JazzByTheBay
11-28 10:53 AM
You make a good point. However, since I have mentioned both EB and FB in the article, I think it is appropriate to include that it can in fact take 20 years to get the GC. The Senate bill does have provisions to ameliorate both EB and FB backlogs, as far as I remember.
Pankaj
Instead, one can say "... could take up to 20 years".
I am afraid, as we all are, that this certainly will be the case down the road with retrogression.
Perhaps it may be a good idea to mention that with economies of countries like India on an accelerated growth path, these highly educated, skilled and experienced professionals that are an asset to America are increasingly preferring to (or seriously thinking about) returning to their home countries.
Another scenario - 20-25 years down the road, America will no longer be a leader any more given the growth of India and China. To sustain the technological and economical leadership of America, it is critical that we act now and fix a broken immigration system, and grant those legally here for a number of years, with approved Green Card petitions the pride of actually becoming permanent residents and eventually citizens as quickly as possibly.
Jazz
Pankaj
Instead, one can say "... could take up to 20 years".
I am afraid, as we all are, that this certainly will be the case down the road with retrogression.
Perhaps it may be a good idea to mention that with economies of countries like India on an accelerated growth path, these highly educated, skilled and experienced professionals that are an asset to America are increasingly preferring to (or seriously thinking about) returning to their home countries.
Another scenario - 20-25 years down the road, America will no longer be a leader any more given the growth of India and China. To sustain the technological and economical leadership of America, it is critical that we act now and fix a broken immigration system, and grant those legally here for a number of years, with approved Green Card petitions the pride of actually becoming permanent residents and eventually citizens as quickly as possibly.
Jazz
more...
pictures The Palin family.
test101
07-05 03:54 PM
Please put more details as you call.
Regarding Cantwell:
The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.
More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.
is that good enough :D... any other detail needed?
Regarding Cantwell:
The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.
More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.
is that good enough :D... any other detail needed?
dresses Bristol Palin bombarded with
kshitijnt
06-26 02:22 PM
not necessary ...replacements are difficult for key jobs and expertise. if the right person leaves the job ..then a small / medium (or even large ones) can go off road. more than replacement ..it is the effort to find the right person, train him ..and for that person to go through the experience curve ..(I guess you are looking from your level ..are you in s.ware or in testing ?....if yes, you need to look at other higher levels ..ofcourse, for such people EB1 is available ..)
but I agree ..it does not hurt US as much since economy is so huge ..but it can definitely hurt the business firms ..this was the main reason why the law was changed (or passed) ..to allow H-1 people to continue staying even after 6 years ..earlier they had to leave compulsorily..(I am not an expert ..so feel free to correct).
and this can happen either at highly skilled level in a big company to a smaller business..
for e.g. a restaurant can go out of business if their main skilled cook is forced to leave due to immi (or something else).
and ofcourse a v.big company may lose a skilled analyst (and similarly a scientist etc etc)
Thats one thing. Again we are talking of replacing these key people in NUMBERS aka thousands? So what does america gain?
but I agree ..it does not hurt US as much since economy is so huge ..but it can definitely hurt the business firms ..this was the main reason why the law was changed (or passed) ..to allow H-1 people to continue staying even after 6 years ..earlier they had to leave compulsorily..(I am not an expert ..so feel free to correct).
and this can happen either at highly skilled level in a big company to a smaller business..
for e.g. a restaurant can go out of business if their main skilled cook is forced to leave due to immi (or something else).
and ofcourse a v.big company may lose a skilled analyst (and similarly a scientist etc etc)
Thats one thing. Again we are talking of replacing these key people in NUMBERS aka thousands? So what does america gain?
more...
makeup Sarah Palin#39;s daughter
Green.Tech
05-27 02:49 PM
No contributions at all!
Come on folks, contribute!!!
Come on folks, contribute!!!
girlfriend Sarah Palin#39;s youngest child,
manugee
09-11 03:26 PM
I managed to get a red-eye back from CA on Monday... so I will see you guys on Tuesday for the rally.
Go IV,
Manish Jain
Go IV,
Manish Jain
hairstyles who know Sarah Palin#39;s new
PD_Dec2002
06-02 10:27 PM
Ironical, isn't it? This diatribe coming from someone whose handle is "BigLoser"!! From which mushrooom did you crawl under?
Thanks, but no thanks!
Jayant
Thanks, but no thanks!
Jayant
ita
08-25 10:01 PM
Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
Is it possible to apply for loan with SBI/LIC from here (US)?
Thank you.
hopefullegalimmigrant
01-07 04:19 PM
I am going to use AP as my backup> I will be going in for H stamping in India
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