Tracker for EB3 cases

[ceebee]

i140limbo-
Thanks...Whew....that makes me feel better. But im still not very clear that if INS is processing cases as of 5/17, why dont we see any approvals so far?. And as far as substitution is concerned, none at all in this forum.
A request to all the guys who have applied I-140 thru substitution, can you please talk to your respective lawyers and find out why it is taking so long.

According to my lawyer, it was mentioned that substitution cases take about 2-4 weeks for additional processing apart from the normal processing. Hopefully we should hear something around early september. (Hopefully no RFE's).

Can someone please update the tracking list that was created sometime back, dont seem to find it here anymore.

-Thanks.

[kenboo]

Hi all,

Today I got to know my LC has been certified.
I'm about to file I-140 in EB3 category.

Which is better Consular Process or AOS?
I have heard it's better to decice at the I-140
filing stage. In my opinion CP in Japan is much
faster than AOS. Any pros and cons?

thanks!

kenboo

[rambo2002CA]

Hi All,

Lots of issues to discuss :

1. My attorney has agreed to file my I 485 ASAP as this rule is already in effect from 07/31/2002. I read on some other threads if lawyers were openly accepting to file 485 while 140 was pending. Fortuantely mine is


2. Processing Dates seemed to have progressed
EB3 at 05/21, yet no news from INS for me ND is 04/18
EB2 seems to have gained over EB3 now. Hope to see lots of approvals on that thread atleast.


3. What is the Priority Date for substituted LC's. Is it the date of the original LC or is it the date on which the I140 is filed. I ask this as there is going to be a rush of I485 filings. In such a case I wonder if the availability dates will be pushed back.





Rambo

[rambo2002CA]

Hi All,

Lots of issues to discuss :

1. My attorney has agreed to file my I 485 ASAP as this rule is already in effect from 07/31/2002. I read on some other threads if lawyers were openly accepting to file 485 while 140 was pending. Fortuantely mine is


2. Processing Dates seemed to have progressed
EB3 at 05/21, yet no news from INS for me ND is 04/18
EB2 seems to have gained over EB3 now. Hope to see lots of approvals on that thread atleast.


3. What is the Priority Date for substituted LC's. Is it the date of the original LC or is it the date on which the I140 is filed. I ask this as there is going to be a rush of I485 filings. In such a case I wonder if the availability dates will be pushed back.





Rambo

[zebraus1]

CEEBEE,

I have a question. My company had applied for my labor certification (Job: Software - category:RIR) at the SFO DOL. The federal DOL received the application on Nov 19th 2001. SFO DOL had reviewed the application and "remanded the application to employer" on May 31st 2002 (since the job was in the software area). My employer had advertised for a period of 2 weeks and sent back the response to DOL on July 2nd 2002. We have not heard back from DOL yet. Appreciate if you can let me know if you have had (or know of anyone who has had experience) with this type of case. How long does it take for DOL to respond? What has been the typical reponse? Does the automatic voice mail get updated as soon as the status gets changed?

Appreciate your assistance. I understand that this is an I140 forum - but thought would get some inputs from people like you who may be experienced in my type of a case.

Thanks ,

ZEBRAUS1 (formerly posted message as ZEBRAUS)

[ceebee]

zebraus1-
We posted the Ad for about 2 weeks and got a reply from the DOL in about a weeks time.
Iam not sure about the AVM system. Ideally you should hear from the DOL in about 2 weeks time.
Was the Ad that was posted similar to the original one?. Did you get any responses for that Ad?. Did you company have any layoff's?.

It depends on a lot of factors, kindly ask you lawyer to follow up and see if he can through any light, in the interim keep praying, thats the least we can do .

-Thanks.

[ceebee]

Ramboo-
Wow, EB2 is finally moving, thats great news for EB2 people. However it is surprising to know that you havent heard from the INS yet. My lawyer has asked me to wait till the INS processes cases pass the 30 days of my RD. Any inputs from your lawyer?.
If this is the waiting period then the processing date by the INS is definetly deceptive.
Anyone else on this forum getting approvals for I-140 and havinf RD somewhere in April or May, please post.

Unfortunately my lawyer is reluctant to file 485, he thinks there a lot of grey areas and they are in the process of finding the details.

Good luck on the 485 though.

-Thanks.

[rambo2002CA]

Hi All,

I have compiled everyones data in the file EB3.txt. Please take time to go through it and check if this is accurate.

Ceebee,

As of last night no news from INS regards my case(ND 04/18). As I mentioned earlier my attorney thinks that my case is under the other category as mentioned in an earlier post.(Some ppl wont listen). So for "that category" the date is 04/11 so Im gonna bother my attorney only in two weeks. Lets hope I hear something before that.

VishDev,

your case is earlier to mine. Have you received any further info ?


nsk99,

can you please provide further details about your case so that I could update this file


Rambo

[ceebee]

Rambo-
Thanks for preparing the list. That is very helpful. However i would like people to keep updating the list so that we can track the cases and know what to expect.
It surprised me to know that there are just a handful of cases, I am sure that there should be more EB3 cases being under process.
Does anyone know if any regular I-140 EB3 cases are getting approval?.
Since EB2 is processing faster than EB3, my guess is that the EB2 cases may be given preference in processing and we may see some more delay. Hope that my guess is wrong.
My AVM message has changed from 60-90 days to 30-60 days. Did anyone notice this change?.

-Thanks.

[kenboo]

Today I talked to my lawyer, and he agreed to file I-140 and I-485 concurrently.

- my wife can get a work permit in 3 months
- probably faster than consular processing
- I-485 is safer than CP since lawyers can negotiate

it looks all good.

So long as I keep H1B status, I can freely leave/reenter
the USA even while filing I-485. So this is the best way
to do.

kenboo

[ceebee]

Guys-
The dates for EB3 moved just 4 days!!!!, compared to over a month for EB2. Previously EB2 was slow and EB3 was fast, does this mean that we will be seeing a slowdown in the processing of EB3 cases?.
Anybody hear anything new from their lawyers?.

-Thanks.

[ceebee]

Guys-
Any updates so far?. Anyone getting any approvals/RFE's, please post your messages.

-Thanks.

[rambo2002CA]

Ceebee, Others

No further progress on my case yet. I called INS last night and same message. After listening to nsk99's story, Im afraid whether my case is going to take a long time too. The substituted labor that my attorney has used for me is an old one of 1997. Im not sure whether an I 140 was approved against it and at what point in time was it called back. I guess Ill check with my attorney regarding all this. But yeah it does look like that the older the original LC , and the more it has been processed , the longer it is taking INS to pull it from thie warehouse or wherever it may be currently. I wish I would atleast get an RFE that way I know that the paperwork from my end is incomplete. Sometimes even getting an RFE can hasten up the process as the case is assigned to an officer.

Well my paperwork for the concurrrent I485 is underway and Im doing my medicals right now. Im hoping I hear something from INS soon.

Good Luck to all of you and do check with your respective lawyers about the original LC's that were used as substitution.

That may throw up some answers

Rambo

[ceebee]

Rambo-
Thanks for the update.
If the original labor has a I-140 approved, a application to revoke/withdraw that I-140 petition has to be applied with the new I-140. Iam not sure what happens if this is not done.
I guess it basically depends upon the case officer that handles your case and his expertise in this matter. According to my lawyer, if the case goes in the hands of a temp, than there are chances of getting more RFE's, it is i guess just a matter of luck, Get ready and hold your breath before you throw your dices!!!.

Guys if you have a pending I-140 please update the list, so that we can atleast have a trend. Iam sure that there are many people in EB3, who have not updated the list.

-Thanks.

[itsna]

Hi EB3er

Please also include me as part of the EB3 Trackking .

ND - 06/28/02
RD - 06/28/02

More replies later. And best of luck to everyone in this group.

[ceebee]

Guys-
Just checked the AVM and heard that it takes 144-174 days for processing, previously it was 30-60 days, anyone have any ideas as to what this change in message means?.
Anyone with substitution LC applied for 485, please post your views and comments as to whether it is advisable to wait for the I-140 approval, or to go ahead and file the 485. Any idea what is the duration of the medical test?.

-Thanks.

[i140limbo]

Got an RFE yesterday 08/14. Not sure for what.

Does this mean my case is delayed by another 3-4 months???


My RD was 05/23.

Atleast looks like the cases are moving....

[itsna]

Just check the AVM , it says that it would take 144-174 days. Thats strange to see it jump from 30-60 days. Any updates on this.

[ceebee]

i140limbo-
Please let us know what kind of RFE did u get, if it is a company finance RFE, then you should be fine, other than that, it should be interesting to know what additional information they are looking for.
Could you also please give us the information about your approved LC that you were using, like the PD, whether an I-140 was approved for that LC and whether the information on the LC matched exactly with your job requirements.

My RD is 5/20 and case # is 02-189, so i should also hear from INS hopefully in a day or two.

Appreciate your help.

-Thanks.

[ceebee]

Guys-
Just checked the AVM, the message has changed from 144-174 to 30-60 days. I dont understand what is going on?. Can anyone please shed some light on this.
Still havent heard anything so far.
Anyone in the same boat, please share your experiences.

-Thanks.

[140_takes_4ever]

CEEBEE-

The processing dates for 140 have moved, the EB2 has jumped a large number of dates, (which if true, and if the trend continues,) EB2 will become current by the time the next processing dates are out. After which it will be EB3's turn. That is probably the reason for the message being updated.

But you know INS, it works in mysterious ways! :-) All we humble mortals can do is accept whatever information they deem suitable to share.

I wouldn't waste too much time trying to figure out they why's of INS, Just hope your case moves through hallowed chambers ASAP.

-

[ceebee]

140_takes_4ever-
I agree, that it is EB2 which is being processed at a faster rate then the EB3 cases, Any guess as to how many days before we hear from the INS on the case, whether a RFE/Approval.
RD is 5/20, still no news...No news == Good news???.

I140 limbo, any updates from your side, can you please let us know what kind of RFE did u get.

-Thanks.

[rambo2002CA]

Ceebee,

After you mentioned that your processing times have changed to 144 - 174 days, I checked my status, I had the same change in procesing time. I then called 5 minutes back and surprisingly now it says again 30 - 60 days. Im not sure whats happening here. I have asked my lawyer to check with the INS the status on my case and shall revert back to this forum as soon as I hear something. By the medical takes less than a week. You fix an appointment with an INS approved physician and they do a physical and immunizations for tetanus, MMR and varicella if you ahvent taken those or dont have documents for the same. They do a TB skin test too. After 4 days you have to go back and show them the results and they will give you the form sealed.

More later

Rambo

[140_takes_4ever]

Ceebee-

According to Mlin on the EB2 tracking forum, approximate time for processing after dates become current is 14 days. I would add a couple more weeks to that figure since INS seems to be throwing its resources towards EB2 for the moment.

Just checked the processing updates posted by INS, and you are just 2 weeks into the waiting zone after your PD has become current. There are still people whose PD falls 2 weeks before yours, and they need to get their approvals.

So here is what I would suggest, wait another couple of weeks and then ask your lawyer to fax INS for an update. That will be your best course of action. Nothing to worry, you are well within INS processing times.

-

[ceebee]

Guys-
I think that there is some kind of black magic going on at INS....nothing makes sense. I wish there was a more streamlined process of tracking the cases, rather than checking every 1 hour on this forum and waiting for some news or miracle to happen. Had it not been for this forum, it would have been complete disaster.
Why is it so difficult for the INS to maintain some sort of tracking system so that the dates that they publish match with whats the reality.
Looking at the processing times, it looks that EB2 cases should be processed within 2 weeks and the EB3 cases within 2 months.
Its no where near that estimate.

Guys anyone getting any RFE's/Approval please post.

Till then Voodoo....

-Thanks.

[Let_It_Be]

Hi All,

The company law firm has recently filed an I-140 with a substitute LC for me.

RD: 8/14/02
ND:8/14/02
Case: WAC-02-257-5XXXX

I-485 was not filed along, reason from the attorney: it might be better for my case that uses a substitue LC.

Is I-140 still processed base on country? Do you think that's why some people are waiting longer?

Thanks.

[ceebee]

Guys-
Any approvals in the EB3 forum??.
As seen from the EB2 tracker, these guys are blazing through...thats nice. Atleast they dont have to go through this waiting and fustration.
According to my lawyer, he asked me to wait 30 days. Can anyone please tell me when this 30 days are completed, is it from the time the INS report came in, or when the INS started processing cases on my RD.

Also can anyone please tell me whether the fax inquiries help in any way to expedite the process, what is the procedure for faxing inquiries and what kind of results should we expect.

-Thanks.

[ceebee]

Guys-
Just checked the AVM........now it says it is taking 158-160 days for processing....Looks like a wave.....Anyone hear the same message.

-Thanks.

[vpampatt]

Can any I-140 Guru tell me- how long I-140- EB3 cases are taking in California Service Center?
What is current processing date? ( I don't see any date for EB3 category... dates are given for EB1 and EB2).

Also, if it is substitute for LC then is it taking
more time for I-140 processing than a normal case?

Please reply to vpampatt@yahoo.com and I will
consolidate all replies and post on this forum.
{ Those who don't want your identity to be included , please do let me know and I will only
post your reply}

Thanks in advance.

Thanks
Rupali

[upen1111]

I140 REF
Friends,

I-140 @ NSC RD June 07 2002/EB3

INS has sent requst for evidence.

I have 3 yr. B.Com degree and 2 yrs computer diploma from India.

This is what INS has said in the letter.
"Please submit evidence that the alien obtained the required four years of college education leading to bachelor's degree (or foreign evuivalent) majoring in one of the fields listed on Form ETA-750 before Aug 9, 2001 (on this date My attorney filled for State Labour).

Could this be a major problem ? Anyone in the same situation ?

I have meeting with Attorney on Monday.


Thanks