Advice sought

K

koenig

Registered Users (C)
Dear All,

My i-140/485 were filed concurrently with ND of 4/18/03 at TSC. After a few months both were transferred to Miami to"speed up processing" The I-140 was sent without being approved. They then sat in Miami for months with no action taken.

I called the NCSC hotline and was told by an immigration officer that District offices could approve I-140's, and that I should wait to hear from them.

My lawyer then went and spoke with a Miami supervisor about my case. The supervisor realised it, and dozens more cases, had been sent there in error. The supervisor sent them back to Texas. Online it still said that my case was still at Miami.

Three months after the I-140 PD had become current I called the NCSC and they started a case status inquiry as it was over three months past the current processing date.

Yesterday the LUD changed, and now says:
"On October 19, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. It is taking between 400 and 450 days for us to process this kind of case. We will mail you a decision as soon as processing is complete"

Please tell me I don't have to wait another 18 months because of a mistake they made! I was under the impression that they went by the ND and not the RD.

This update appeared after my lawyer said that an AILA inquiry came back saying that they were going to send a new FP notice, as the previous FP I did was last June.

Is it worth contacting my Congressamn/Senator? Elections are close and Bob Graham is retiring.

Any advice/thoughts would be gratefully appreciated.

Koenig :mad:
 
Where is your 485?

Koenig,

Is your I-485 in Texas as well? Although anything is possible at this point, I do not think that you will have to wait that long. The LUD messages are generic and I not think the time lines are accurate.

As for my case, I am not sure where it is right now. It was forwarded to Miami in July and I have not heard anything. I have written a letter to Miami and am hoping for a reply. I am trying hard to get my case transferred back to TSC.

Good luck.

saras
 
Thanks for the support

Saras,

My I-485 is also, I believe, in Texas; though online it still says it is in Miami.

I was just venting my frustration like CuriousGeorge did, though without the jumping off a bridge aspect!

Thanks for the supportive words. Hopefully Texas will soon issue a new FP notice and I'll be set.

It is more difficult for you as no-one seems willing to track down exactly where your case physically is.

As long as we are supportive of each other we will get through this OK. Even when my case is approved I'll still an eye on this board as there are an awful lot of people out there in the same predicament.

regards

Koenig
 
koenig,

Your I140 ND is 4/18/03, passed TSC I140 processing date. Therefore, it is useful to contact your Congressamn/Senator.
 
Heeded advice

Blackbird2k et al,

Thanks for the advice. Letters to Congressman and Senator put in the post today. Lets see what happens.

Koenig :rolleyes:
 
koenig,
When my I-140 was transferred from TSC to NSC, because TSC decided it would be quicker to process it there, it was processed according to the RD originally given at TSC, so in fact it got processed quicker than all the NSC cases, since no NSC I-140's were that old.

Too bad that same rule does not seem to hold true when cases are transferred to Miami from TSC.

Any way, although your case seems to be rare, ad we have no basis to see a trend on what "usually" happens, I believe TSC will continue to process your I-140 according to your original receipt date, since that date is represented by your SRC receipt number.

I'm glad your case finally got out of Miami where it does not seem to belong.
 
Thanks

George,

Thanks for the reply. This whole situation can get you worked up no end. My cousin just got his approval from Vermont. Hopefully we will get some good news soon.

Koenig

P.S. Just out of curiousity. Are you a Brit?
 
Messed up situation

Hey guys,

Last week I wrote a letter to Miami and have not heard back. I don't think I am going to hear back from them. Adding insult to injury, I just found out that a friend of mine at work who applied the same day as me and has the same ND and RD as me got his first finger print notice yesterday. We work in the same department and our cases are EXACTLY similar. If they had left my damn case in TSC I would be going for my finger printing now. Don't get me wrong, I am happy for my friend but its frustrating to see how these people mess up cases.

At this point I am not sure what to do? I am almost certain that I will have to go to the Miami office in person. Being in ATL, this is going to be such a waste of money. But what can I do? My lawyers have sent an enquiry through AILA and all they say is that they are awaiting a response. Quite honestly the lawyers have already been paid for their services by my company so they really do not care what happens. Its not like me getting my GC is going to get them any more money.

Today I am writing a letter to the director of TSC and to the department that deals with concurrent 140 and 485. I am not one to give up easily or sit back. I will keep at it till I get some sort of case status.

Anyway thought I would share my frustration.

saras
 
Last edited by a moderator:
George,

The reason I asked was because your writing style came across to me like a Brit, of which I'm one.

Saras,

There is a complaint dept I believe. I'll find out the details and let you know.

Koenig
 
FP question for Koenig

Koenig,

I had a quick question on your FPs. Did you get your FP notice after the transfer or before it? I am trying to find out if you got it from TSC or the Miami office. Not sure how that works.

Also I know that you gave details on the transfer of your cases but if I remember correctly your 485 was transferred last year and then the 140 was transferred much later, I think sometime this year? They were not transferred together? Now the 140 is back in TSC and probably the 485 as well. Is that sequence correct?

Also whats going on with your second FP. It should be up for renewal shortly I believe.

thanks,

-saras
 
Info requested

Saras,

Here is the info about complaints:

Customer Feedback:
We strive to provide quality service to our customers. If we have not lived up to this commitment, please let us know. If we have met or exceeded your expectations, we would like to know that as well. To comment on the services provided at this office, please write to:

Miami District Office
Office Director, ATTN: Customer Feedback
7880 Biscayne Boulevard
Miami, FL 33138

If you feel you were mistreated by an immigration employee, or wish to make a complaint of misconduct by an immigration employee, you may write to the Office Director, or write directly to:

Director, Office of Internal Audit
425 I Street, NW
Room 3260
Washington, DC 20536

I got my FP notice from Texas before the transfer. That's why it made sense when they said it was to "speed up processing"

Both the I-140/485 were transferred to Miami together. They are both back at TSC. Online they have only updated the location of my I-140.

My lawyer did an inquiry throught the AILA and TSC say that they will be sending me a new FP notice. We will see.

Koenig
 
koenig,
Thanks! I'll take that as a compliment :D

saras76,
Although your friend, who has almost the same RD as you, got his fingerprint notice already, this does not directly imply that you would have gotten your fingerprint notice if it wasn't for your case having been transferred to Miami. Unfortunately, as with many things concerning USCIS's methods, there is a great deal of randomness involved in their logic, as I'm sure you are already aware. I know first hand that it can get quite depressing to see one's friends cases' moving forward, and it seems like yours just moves backward. Don't get too concerned that you have not yet received your fingerprint notice yet, as it is difficult to establish a trend based on 1 other case.
 
Update

All,

I have now sent letters to both Miami (case status dept and customer feedback dept) and to the TSC (case status department and to the director of TSC). I am hoping to get atleast one response to the 4 letters I have sent. I am also pushing my lawyer to get more involved and figure out whats going on. Lets see where this leads me.

BTW, I called the Miami office as well. I was tansferred to the adjucation department where I was greeted by a recorded voice message system. I left a voice mail regarding my case. I don't think anyone even listens to these messages but I left a message anyway.

I truly beleive this is all I can do at this point. Any other suggestions are welcome. My last resort options are a visit to the Miami office and then finally approaching a Senator.

thanks,

saras
 
saras76,
I feel so bad about your case, I almost want to go drive you down here, and back to Atlanta. :eek:
You're only an 11 hour drive away. If you make your info pass appointment for 2:30pm on a Friday, and if you left around 1am, you could make it here for the appointment, and you would be home in Atlanta by 1:30 am Saturday morning, and then you could sleep it off the whole weekend. Or stay the night go to South Beach in the evening, and go to the beach in the morning and then drive back. :cool: The speed limit in Florida is 70mph, and if you drive 80mph, 99% of cops will NOT pull you over. I've done drives like this all the time up to Canada. Its a 28 hour drive straight through to Montreal from Miami, and I've done it alone, and then I just sleep the whole afternoon when I arrive. The trip to Miami from Atlanta would only be a 24 hour round trip for you, and if you bring your wife, or a friend along, or both, you could switch drivers, and the other person could sleep, so you wouldn't be as tired, if you're not used to driving this far on your own. Eat in the car, and only stop for gas and bathroom breaks. In the end you only had to take 1 day off from work.
Just an idea.
 
Thanks

Curious,

Thanks for the advice. I will keep this in mind. I will wait for a month for replies to my letters. If nothing happens, I will consider your suggestions and make a trip down there.

Good luck with your case. Hope you get the interview soon.

-saras
 
Congressional Inquiry

Guys,

Just wanted to let you know that my lawyer has decided that the best thing to do at this point is to start a congressional Inquiry into my case. My company will be starting the inquiry and hopefully it will be filed sometime this month. I think this is a little different than contacting a Senator but who knows? Since my company will be making the formal inquiry it might actually work. Lets see what happens now.

Will keep you posted.

saras
 
As you said, since its your I-140 which is "misplaced" in Miami, its the company that needs to send letters to Congressmen and Senators. Hopefully this works. Good luck.
 
AILA liaison update

All,

My lawyer was able to get an update from the AILA liaison. She confirmed that the files are in Miami. She has requested them back to TSC. She will get them back in a few weeks and hopefully TSC will start to process my case again. The congressional inquiry has been put on hold for now.

Atleast there is some attention on my case. I am hoping it gets back to TSC and is processed there. Keeping my fingers crossed.

thanks,

saras
 
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