140 still pending - anyone on the same boat....

gctracker2

Registered Users (C)
Hi everyone.....
Applied for I140 in Jan 2001 at TSC. Case got transferred to NSC on Jan 2002, got an RFE in April and we responded to the RFE and the receipt date is MAY 2002. Till now no response from the NSC, When calling the status line the message is still saying 150-180days blah blah...Is anyone on the same situation please let me know. Thanks...
 
You can't go by the online status too much. It sometimes is not updated when RFEs are issued and when responses are received. It says only what the normal processing time is, not what your particular case is going to take. I just had a COS from H-1 to H-4 approved in 2 weeks at VSC. I've also seen them take 8 months.
 
Jim,
It's almost a year my lawyer responded to the query.... I contacted the lawyer couple of times, but they have no further information.... I thought to contact INS directly but my lawyer said not to contact them....Any suggestions ??? Can I get an EAD if I walkin into any of the INS regional offices?????
 
gctracker2,

My guess is your case is lost somewhere. I am in the same boat as you. My I140 in NSC since July 02. We cannot call because it is against the law to tell beneficiary anything about the case. Only lawyer or HR dept of sponsoring company can call.
 
You can always call INS and find the status of your application, I called TSC 2 twice last week about my status and they were pretty helpful.
My rd is july 2002, they let me know that it would take another 2 months to process my case, so why not try calling.
 
Originally posted by sjariffu
gctracker2,

My guess is your case is lost somewhere. I am in the same boat as you. My I140 in NSC since July 02. We cannot call because it is against the law to tell beneficiary anything about the case. Only lawyer or HR dept of sponsoring company can call.

Not every lawyer know how :(
 
to sajiraffu and gctracker2

have you applied for I485/ead/ap if so after 90 days of notice if you did not get any reply you can walk in to regional INS center with i 765 , passport, drivers' id and some other docs not sure what will need to check and get your iEAD (interim EAD valid for 240 days).

you can also set up a time period with your lawyer/beneficiary and call ins yourself and conference in your lawyer that way you get to know what's going on you can also tell the INS officer that let the procedings take its own time you just called in to check if there isn't anything obvious you are missing.

if the INS says No then you are assured that the case is atleast not lost. call ur lawyer everyday and/or send e-mails to summarize the call . literally bug them( ur lawyers).
also are you sure that you are actually talking to an lawyer in their office and not any representative/secretary etc..

try talking to the person whose name appears on the legal INS receipt notice. This will be the name of your lawyer .( e.g column under notice date of i485 receipt). this column will also state the lawyers address. confirm if the person you are speaking with is a lawyer.

Hint: Even if you happen to speak to the INS officer be as polite as possible and give them the reason 'you just called in to check if there isn't anything obvious you are missing.'. I did this and they said No and this application will be processed soon though they did not give the exact dates. I still am in the same boat.

The above is just my personal opinion and feedback hope it helps.
ciao
 
Hi Waqtwaqtkibaat.....
Thanks for the response. I applied for 485, EAD & AP.
BTW one of my colleague told that I can go to Local INS office to get IEAD only if my I140 is approved. Any info on this?
 
GCtraker 2

1. I got my interim EAD by walking into San Jose INS office and my I140 is still pending..however....

2. I am not clear how valuable that EAD is because
- it is valid for 240 days and hence one needs to apply for a extension pretty soon within 60 days - going by my own case, I applied for EAD and AP in October 2002 and till April 2003, I had not got it..so it can take 6 months or 180 days)
- if one wants to take advantage of AC21 to change jobs, not sure what happens if there an(other) RFE issued on I140..

may be somebody can throw some light on it.

rgds
 
waitingwac02111,

I am planning to go to San Jose BCIS for my iEAD in first week of May.

Can you tell me what documents are required for iEAD and how was your experience?

I am in the same boat.. my I140 is still pending with RD 11/19/02 WAC 03-040-xxxxx

Let me know
Thanks
 
I took a filled I765, EAD and 485 receipts, passport and that was about all..plan to be there by 6 and you can hopefully get out by 10/10:30..

The officer was nice..no issues really..
 
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