Tracker for EB3 cases

[CT123]

Are there any approvals/RFEs/denials for EB3 cases (LC sub.)? Guys please update. My RD is 06/23/03 (non-concurrent). They are currently processing around June 17th. It seems pretty close but haven't heard anything so far.

My USCIS website login has a last updated date of 04/20/04. Does it mean my case is being looked at right now. Not sure how long it takes for them to process once they take up a case.

This wait is getting really frustrating.

Anyone in similar timeframe still waiting?

Please share your experience/thoughts.

Thanks

[I140inCA]

Hi CT123,

i can simphatize with your frustration. my RD is sep 3, and I personally feel that non-concurrent cases are left in the dumps. just recently the processing timeframe changed from 360-360 days to 360 to 45o days, a welcome news
I think BCIS is working on newly filed concurrent cases.

[mygcacc01]

Hi CT123,

My I-140 (EB3 sub -LC, Semi-Conc) ND is 6/14/2002 (yes , 2002)...!!
I am still waiting.... ( very long waiting...!!)

So far, I&MY attorney made atleast 6-7 enquiries with USCIS.

Recently we got an answer from USCIS stating....
As this was a Sub-LC, USCIS made a request to Labor Dept for the Original/Copy of the Substituted LC. This request was made in late 2002 itself and waiting on their (Labor Dept) response.

Don't know, how long this is going to take...!!
But, USCIS asked us to wait till June 2004 and contact them, if the case is still pending.

I recently got approvals for my I-131 and my wife's EAD.

With gods grace, I am hoping that, my case will get approved soon (same old confidance... , since june 2002).


Last updated date on USCIS web site tell you that... your case was last opened by some one on that day.
Looks like your case was opened on 04/20/04..

What i have observed is...USCIS is re-visiting the pending cases any time between 21 -90 days. Hope the officer will re-visit and approve it soon...

Good luck...

Are there any approvals/RFEs/denials for EB3 cases (LC sub.)? Guys please update. My RD is 06/23/03 (non-concurrent). They are currently processing around June 17th. It seems pretty close but haven't heard anything so far.

My USCIS website login has a last updated date of 04/20/04. Does it mean my case is being looked at right now. Not sure how long it takes for them to process once they take up a case.

This wait is getting really frustrating.

Anyone in similar timeframe still waiting?

Please share your experience/thoughts.

Thanks

[gcpend]

mygcacc01,

Please keep in mind that it's worth trying through your congress-(wo)man for the cases just like you (timeconsuming and unprecedented delay/response)

[mygcacc01]

Gcpend,

Thanks for the advise.
Yes, I thought about it some time back and searched on this forum for any sample letters and information on how to contact congress (wo)man.

I couldn't find much....

If you happen to know any details related to this... could you please share that with me..

Thanks in advance

[slow_as_rabbit]

Here is the sad news from http://www.immigration-law.com/


05/14/2004: California Service Center Concurrent Adjudication Pilot Initiation and Warning Against Abuse

We reported earlier that the California Service Center was launching I-140/I-485 concurrent adjudication pilot program for the concurrent I-140/I-485 filing cases inasmuch as it is non-National Interest Waiver case and filed after certain date. Qualified cases were supposed to be adjudicated in less than 90 days.
Apparently, CSC is concerned at this time that those who have already filed concurrent I-140/I-485 cases or I-140 petition alone may withdraw the pending cases to refile a concurrent I-140/I-485 case to take advantage of the pilot program.
AILA reports that CSC will not take such withdrawn-refiling cases qualified for the pilot program and will not adjudicate such cases concurrently. It appears, though, that such decision may raise a legal question of arbitraniness in administration of adjudication function. It may also raise the issue of "equal" protection and fairness. The agency may create a "class" without permissible legal justification or constitutional basis just as seen in the "Francis" decision. We'll see.

[I140helppls]

RD 5/30/2003
RFE on april 7th
RFE responded around may 7th
approvd on may 12th

mine was a substitution case and 485 has not been filed yet. RFE asked for my indian employers exp. letter and my w2's.

thx a lot to all .Good Luck !!

[gc_void]

Congratulations I140helppls and all the best for your 485 stage. This gives us a lot of hope.

Did you have a USCIS website login to track your 140. If so, did you notice any change in the 'Last updated' field when you received your RFE. What was the time difference between the last updated date and your RFE issued date.

Also, was there any status change in their automated phone system. In my case I have only been hearing that there is a problem in retrieving the case data.

Thanks.

[I140helppls]

Thanks for the wishes.

In my case the last update date was updated every time as it should be (when i got RFE , responded to RFE and when approved - all 3 times ). also the phone system also says the case is approved.
wishing good luck to all !!

[I140helppls]

the time difference between the RFE issued date and last update date was 1 day. same for approval also

[vortex]

Congrats. So you can get your EAD soon. All the best for your 485 processing.

--Vortex.

RD 5/30/2003
RFE on april 7th
RFE responded around may 7th
approvd on may 12th

mine was a substitution case and 485 has not been filed yet. RFE asked for my indian employers exp. letter and my w2's.

thx a lot to all .Good Luck !!

[an_anonymous]

I140helppls,

Congratulations on your 140 approval. Good luck in your next stage.

[Zeroc]

I140helppls,

Congrats on your approval !! Can you please tell me how many days it took for your lawyer get the RFE letter in hand after online said RFE is sent ? Well, when I checked my case, it tells that it issued RFE on May 07,2004 but my lawyer says that he has not got it yet. So I don't know what the RFE is about.

RD 08/06/03
RFE 05/07/04
Non-concurrent EB3

[I140helppls]

zeroc
it took exactly 14 days for my lawyer to get the RFE in hand.

[Zeroc]

I140helppls,

Thanks, buddy !! That sucks though !! Just wondering what mailing system they use which takes 14 days after they mailed (at least onlines says that they mailed ) it ? Absolutely bs !

Good luck on your I-485..

[inthequeue]

I140 approved after 17 months.

RD: 12/09/2002
AD: 05/17/2004

Semi concurrent
EB3, substitute labor

Good luck to you all

[mygcacc01]

Congratulations....
I know... it's a long wait.

Hope mine will also get approved soon....
I have been waiting since June 2002....(23 months)

Good luck with rest of the process.

I140 approved after 17 months.

RD: 12/09/2002
AD: 05/17/2004

Semi concurrent
EB3, substitute labor

Good luck to you all

[mygcacc01]

My I-140 has been approved after 23 months...

I got an email from USCIS this morning that my I-140 got approved on 18th May 2004 (after 23 months long waiting).

I-140 (EB3, Sub-Labor):
ND : 14-Jun-2002
RFE : Oct-2002 (abt company's ability to pay)
RFE Received : 06-DEC-2002
AD : 18-MAY-2004

485/765/131 (Semi-Conc):
ND : 18-SEP-2002
FP : 29-OCT-2002

Approved Cases (So far):
140 : 18-May-2004
AP : 05-May-2004
Wife's EAD : 07-May-2004

Good luck to all of you...

[gc_void]

Congratulations!! mygcacc01 and inthequeue

Thats great news. It's really nice to see LC substitution cases being approved (later than never). It would be really helpful if you guys could provide the following details on your case:

- Did your educational qualifications match 100% with the pre-approved LC. There were some RFEs/denials in cases were 3 year BS degrees + Diplomas were matched to a 4-year BS requirement.

- What was the email address of USCIS which notified on the approvals (so we don't lose it as junk email)

- Do you think having a I-485 application also pending along with the 140 would make any difference in the processing time or approval.

- What was your "Last Updated" time in the USCIS website for your application BEFORE you got the approval.

- inthequeue: Did you get any RFEs

Thanks and wish you all the best for the I485 stage.

[mygcacc01]

Hi GC_Void,

Thanks for the wishes.

The LC that i used was originally filed for a guy who had 4-year BS (Electronics) degree... and that was almost matching my 4-Year BS (Computer Science) degree.

Last Update date on the web site was 05-May-2004 (before approval)

In terms of processing time...don't know abt conc/non-conc makes any differance.....

Good luck...

[inthequeue]

Congratulations!! mygcacc01 and inthequeue

Thats great news. It's really nice to see LC substitution cases being approved (later than never). It would be really helpful if you guys could provide the following details on your case:

- Did your educational qualifications match 100% with the pre-approved LC. There were some RFEs/denials in cases were 3 year BS degrees + Diplomas were matched to a 4-year BS requirement.

I have a 3 year degree .. no other diploma.. but have more than 16 years of work experience. Not sure about the educational requirement on the LC but attorney told equivalent work experience will qualify as the LC clearly states work exp is acceptable. ( which would be more than 12 years )

- What was the email address of USCIS which notified on the approvals (so we don't lose it as junk email)

USCIS-CSSO@usdoj.gov

- Do you think having a I-485 application also pending along with the 140 would make any difference in the processing time or approval.

I think concurrent applications or semi-concurrent application are being processed faster than non-concurrent applications.

- What was your "Last Updated" time in the USCIS website for your application BEFORE you got the approval.

I have registered the day before I got my approval. The only mail I recieved from USCIS was the approval notice.

- inthequeue: Did you get any RFEs

No RFE's

Thanks and wish you all the best for the I485 stage.

Good luck to you . You turn might be right around the corner .

[gc_void]

Hi Guys,

I have my I-140 (EB3 Labor-sub) pending at CSC for a year now. If I file my I-485 now will it be considered as concurrent filing and get into the pilot program.

Thanks

[vortex]

As per my knowledge the pilot program is only for EB2 (non-NIW) applications.

--Vortex.

Hi Guys,

I have my I-140 (EB3 Labor-sub) pending at CSC for a year now. If I file my I-485 now will it be considered as concurrent filing and get into the pilot program.

Thanks

[cadolslow]

My I-140 application has RD of April 29th 2004. However, the Priority date field is blank. Can someone please check your I-797C, Notice of Action and tell me if your application states any date in the Priority Date field?

[Titan01]

My I-140 application has RD of April 29th 2004. However, the Priority date field is blank. Can someone please check your I-797C, Notice of Action and tell me if your application states any date in the Priority Date field?
Mine is the same RD and it does not have PD.

[Wishes&Luck]

Hi All,

Recently my I140/485 got filed. I was wondering what is the time lag for receipt date.
And what is the current date for I140 right now.

thanks

[paul1991]

Hi, all,

My AP has been pending since early Aug'03. Inquiry has been sent a couple of times already. The reply is "Your case is pending further system checks" Anybody has similar experience regarding AP. My AP application was filed together with EAD, I-140&I485. EAD was approved Nov'03.


Thanks,
-Paul1991

[ourbin]

I got an RFE on my I-140 petition on 6/4/04. My RD is 7/31/03. The RFE is about my employer's ability to pay. Here is what the RFE says:

"Service records indicate that the petitioner has filed for several I-140 petitions, most of which are currently pending. Therefore, submit evidence to establish that the petitioner has the ability to pay the proffered wages of all the beneficiaries including the beneficiary of the instant petition.

Provide evidence of the petitioner's ability to pay the beneficiary's wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns (with appropriate signature(s) and dates), or audited financial statements. The petitioner is requested to provide this evidence from 2002 to present. The federal tax returns must be signed, dated and include all pages."

However, the attorney told my HR rep that the BCIS has issued a new memo pertaining to I-140 where an RFE for the employer's ability to pay can be addressed only by submitting the beneficiary's W-2's. In this case just submit my W2's. But the RFE clearly says that they should also submit tax returns or any other supporting document. I am not aware of any such memo.

I seek your help here to understand if any such memo has been issued. I dont think that submitting the beneficiaries W2's will address this issue.

Pls. let me know what should be done in this case. I also spoke to the lawyer and told him that I would also like to submit my pay stubs for the past 3 months and he said only W2's were needed.

Any advise will be greatly appreciated.

Thanks,
Adi

[dgarstang]

My lawyer has told me a similar thing regarding W-2's being the only required evidence. I'm glad to hear another lawyer back up what he's told me.

There is a memo.... I have a paper copy sitting on my desk... I think thats the one in question.

Doug.

[ourbin]

I searched the web but cudn't find a copy of the memo. Is it possible for you to email it to me? I would really like to take a look. My lawyer is very uncommunicative and if he has said it that there is a memo, then that's it. I cannot cross-verify or ask any further questions.