A few weeks go by and no 140 approvals ??? (concurrent specially)
- Thread starter iknowitall
- Start date
iknowitall
Registered Users (C)
thanks aws, let me know if you need any inputs.
update from Rajiv
Folks,
thank you for the words of encouragement, I'll keep the momentum going.
Few minutes back, I received a call from Rajiv's secretary that he will be calling me tomorrow morning, ET 8.30 am to discuss this matter at length.
I hope to brief (albeit, he may be already aware of the situation) him with our grievances and see if there is something that we can do to shake up NSC.
Stay tuned!
Folks,
thank you for the words of encouragement, I'll keep the momentum going.
Few minutes back, I received a call from Rajiv's secretary that he will be calling me tomorrow morning, ET 8.30 am to discuss this matter at length.
I hope to brief (albeit, he may be already aware of the situation) him with our grievances and see if there is something that we can do to shake up NSC.
Stay tuned!
iknowitall
Registered Users (C)
sounds good, thanks.
Nationwide I-140 campaign.
Hi, all,
Below is a copy of CSC's I-140 petition letter.
ImmigrationPortal.Com
5225 N. Wilson Blvd, Arlington VA 22205
Dear Ombudsman Prakash Khatri,
First of all we want to thank you for the suggestions given by you to reduce the backlog in the process of immigration related cases and for helping our friends from this forum on 485 processing delays at California Service Center.
We are writing to you regarding the unreasonable delays in adjudication of the Employment-Based I-140 cases at almost all of the Service Centers of the USCIS and USCIS memo, by Director Fujie Ohata dated March 31 2004, which invalidates the PL 106-313 (AC 21 public law) due to concurrent adjudication of I-140 with I-485.
According to CSC’s progress report, CSC is adjudicating the I-140 cases filed before July 2003. Also USCIS has not shown any progress for most of the I-140 cases since August 2003. Please note that the CSC was adjudicating I-140 EB2 cases filed around July 17 2003 as of August 1 2003. Congress has expressed repeatedly that the reasonable adjudication period is 6 months for immigration cases.
As per new USCIS memo of concurrent filing for I-140 and I-485, the cases will be adjudicated concurrently. Even if I-140 is filed concurrently, it will take the same time as adjudicating I-485. Since I-485 is taking anywhere between 24 - 36 months to process in CSC, not adjudicating I-140 before hand will not allow candidates to use AC 21. This defeats the purpose of the AC-21 law. The caveat here is, USCIS interpretation, that candidates could change jobs only if their I-140 petition is approved and I-485 petition is pending for over 180 days. Ideally the candidate should be allowed to change jobs after 180 days has passed by after filing I-140 and I-1485 concurrently, irrespective of I-140 status.
In summary we, as immigration portal community, request you to 1.) Please bring this up with USCIS and expedite I-140 processing so that it will give required relief to non-concurrent I-140 filers as well as the concurrent filers; 2) correct the USCIS interpretation of AC 21; and 3.) request Mr. Don Nuefeld to move some reasonable number of adjudicators to I-140 unit from other units such as I-485 where there has been significant improvement recently.
Sincerely,
Name
140 Case #
Address
Regards,
As iknowitall suggested, we should include all service centers. So when aws talks to Rajiv, you may want to mention that so that we have a uniform nationwide campaign.
Thanks!
fiveice
Hi, all,
Below is a copy of CSC's I-140 petition letter.
ImmigrationPortal.Com
5225 N. Wilson Blvd, Arlington VA 22205
Dear Ombudsman Prakash Khatri,
First of all we want to thank you for the suggestions given by you to reduce the backlog in the process of immigration related cases and for helping our friends from this forum on 485 processing delays at California Service Center.
We are writing to you regarding the unreasonable delays in adjudication of the Employment-Based I-140 cases at almost all of the Service Centers of the USCIS and USCIS memo, by Director Fujie Ohata dated March 31 2004, which invalidates the PL 106-313 (AC 21 public law) due to concurrent adjudication of I-140 with I-485.
According to CSC’s progress report, CSC is adjudicating the I-140 cases filed before July 2003. Also USCIS has not shown any progress for most of the I-140 cases since August 2003. Please note that the CSC was adjudicating I-140 EB2 cases filed around July 17 2003 as of August 1 2003. Congress has expressed repeatedly that the reasonable adjudication period is 6 months for immigration cases.
As per new USCIS memo of concurrent filing for I-140 and I-485, the cases will be adjudicated concurrently. Even if I-140 is filed concurrently, it will take the same time as adjudicating I-485. Since I-485 is taking anywhere between 24 - 36 months to process in CSC, not adjudicating I-140 before hand will not allow candidates to use AC 21. This defeats the purpose of the AC-21 law. The caveat here is, USCIS interpretation, that candidates could change jobs only if their I-140 petition is approved and I-485 petition is pending for over 180 days. Ideally the candidate should be allowed to change jobs after 180 days has passed by after filing I-140 and I-1485 concurrently, irrespective of I-140 status.
In summary we, as immigration portal community, request you to 1.) Please bring this up with USCIS and expedite I-140 processing so that it will give required relief to non-concurrent I-140 filers as well as the concurrent filers; 2) correct the USCIS interpretation of AC 21; and 3.) request Mr. Don Nuefeld to move some reasonable number of adjudicators to I-140 unit from other units such as I-485 where there has been significant improvement recently.
Sincerely,
Name
140 Case #
Address
Regards,
As iknowitall suggested, we should include all service centers. So when aws talks to Rajiv, you may want to mention that so that we have a uniform nationwide campaign.
Thanks!
fiveice
iknowitall
Registered Users (C)
guys i want to know what you think about this.
from what i have noticed RFEs for 140 applications if required are generated and sent after the initial review of the application only, is that true ? in the first 1-2 months, ive never seen RFEs being sent at a later stage when the actual date for approval comes. the reason i am asking all this that if well no RFEs are going to be generated at a later stage one could take the risk of ac21. now how definite that is no one knows but i have always seen RFEs in the first few weeks of 140 applications.
let me know what your thoughts are.
from what i have noticed RFEs for 140 applications if required are generated and sent after the initial review of the application only, is that true ? in the first 1-2 months, ive never seen RFEs being sent at a later stage when the actual date for approval comes. the reason i am asking all this that if well no RFEs are going to be generated at a later stage one could take the risk of ac21. now how definite that is no one knows but i have always seen RFEs in the first few weeks of 140 applications.
let me know what your thoughts are.
iknowitall
Registered Users (C)
whats ABP ?
longawaitedlc
Registered Users (C)
I agree with LIN04. AWS, please start new thread and keep us informed about the happening with Rajiv Khanna.
Approved in ONE month..!
Guys,
My I-140 is approved last week on Aug 12th. I couldn't believe it when I got the email 'cuz I just applied in July 14th.
Well, this is a good news for me since my employer initially told that they filed for 140 in January, and then in June when I was pushing for 485 he told that there was some confusion and they didn't actually file it. can you believe them..!
Though 485 is applied separately on July 29th, as per my lawyer, it is still considered as concurrent filing if I-140 receipt is included. Anyone knows abt this?
R.D : 14th July '04
N.D : 21st July '04
Wish you all good luck...
-Raj
Guys,
My I-140 is approved last week on Aug 12th. I couldn't believe it when I got the email 'cuz I just applied in July 14th.
Well, this is a good news for me since my employer initially told that they filed for 140 in January, and then in June when I was pushing for 485 he told that there was some confusion and they didn't actually file it. can you believe them..!
Though 485 is applied separately on July 29th, as per my lawyer, it is still considered as concurrent filing if I-140 receipt is included. Anyone knows abt this?
R.D : 14th July '04
N.D : 21st July '04
Wish you all good luck...
-Raj
iknowitall
Registered Users (C)
AirForce1 said:
r u sure that the 485 was also filed on july 29th ? or again may be the lawyer was just saying it because it could have not been filed till august 12th and if thats the case the approval of a case like this is quite normal and along the unpredictable lines of NSC as they dont like to touch concurrent cases but for nonconcurrent cases you can always get lucky.
That is a very good news. 
I do not know if you guys know about http://www.immigrationwatch.com/. From there you can check the recent approval. I always thought they are accurate, but from the list, I can't see an I-140 gets approved which is filed on 7/14/04. Shouldn't I trust this website?
I do not know if you guys know about http://www.immigrationwatch.com/. From there you can check the recent approval. I always thought they are accurate, but from the list, I can't see an I-140 gets approved which is filed on 7/14/04. Shouldn't I trust this website?
Last edited by a moderator:
Hi,
http://www.immigrationwatch.com/ is accurate for its list, but its list is not complete.
fiveice
http://www.immigrationwatch.com/ is accurate for its list, but its list is not complete.
fiveice