Backlog in I140

I140helppls

Registered Users (C)
#1
Guys .
I know people are taking a lot of effort to reduce the backlog in I485 petitions . Is there something that we could do for the I140 applications.
 

gcpend

Registered Users (C)
#2
Good start

Yes. Why not, we can start activities to reduce the backlogs for I-140 or can push to have the option of changing the employer or job after 180 days

From
xxxx

To:
William R. Yates /s/ Janis Sposato
Acting Associate Director for Operations
U.S. Citizenship and Immigration Services (USCIS)
Department of Homeland Security

SUBJECT: New offer of employment while Form I-140 is pending and Form I-485 has
been pending 180 days or longer, under the flexibility provisions of §106(c)
of AC21

The memo, HQBCIS 70/6.2.8 – P (I140_AC21_8403.pdf), addresses the following
A. Approved Form I-140 Visa Petitions and Form I-485 Applications
B. Provisions in Cases of Revocation of the Approved Form I-140
C. Validity after Revocation or Withdrawal
but it did not exemplify whether the change of job or employer is allowed while Form I-140 is pending and Form I-485 has been pending 180 days or longer

There has been perpetual delay by the Service Centers in processing Employment Based (EB) Form I-140 processing. Because of this delay and while Form I-140 is pending and Form I-485 has been pending 180 days or longer, if the employee gets laid off or if the employer closes the company, the entire Permanent Residence processing has to be abandoned and the employee has to start from the scratch and once again spending years of time and so much money by the aspirant and so much time and resources of DOL & USCIS by recurring the same activities once again.

So I humbly request USCIS to fathom the permanent residence aspirants' s above-mentioned problem.

The above-mentioned problem shall be alleviated to some extent, If there is a provision to allow the beneficiary of the Form I-140 to change jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed and Form I-140 remained unadjudicated and Form I-485 has been pending 180 days or longer. This gives some relief for the beneficiary of the Form I-140 and he/she can continue the permanent residence processing without abandoning it and with no threat from the employer through which the immigration petition Form I-140 was filed.

Thank you,
xxxx
 

I140helppls

Registered Users (C)
#3
re:

Gcpend.
Thx for ur response. I think we need to do it in a way so that both parties can benefit .If we do it the way you suggested ,the people who filed sequentially will not benefit and as per my way the people who have filed parallely may not get a huge benefit .i feel that both are seperate issues .and i personally feel that it will be very hard to push for a job change when I140 is pending only because that is the first main step in going for GC (See BCIS website ).
but i strongly feel that we need to do something that can benefit all of us OR atleast get us away from this waiting attitude.
come on guys .....throw in ur ideas
 

I140inCA

Registered Users (C)
#4
someone raised this question in the 485 litigation thread and Rajiv's response was that the delays in i140 are not too large - i guess he meant that compared to 485 which is virtually at standstill.

Maybe when the processing will be 2+yrs on the i140 too we might be able to mobilize some support from Rajiv or from another law firm.
 

dingdingdo

Registered Users (C)
#5
it's not too late to raise this I-140 question, if we do when the I-140 is as late as I-485, it will be real late! let's the represenatives hear our voice.
 

Zeroc

Registered Users (C)
#7
First thing USCIS should do is that they should make concurrent filing mandatory. Because of some evil minded employers, we, non-concurrent filers, are getting sucked up ! I-140 is taking longer time nowadays probably because USCIS is under the impression that everybody is doing con-current filing and they spent good amount of time in doing so called prima facie review..
 

gcpend

Registered Users (C)
#8
I140helppls and others,

I am pointing out a glitch in the 180 day rule. If there is a rule allowing to change employers/job after 180 days of filing of I-485 and I-140 is approved, it DOES NOT make sense to me if the I-140 processing EXCEEDS 180 days while having a 180 day rule.

I see a glitch there. I hope most of us would.

I would like to get the help from Mr. Rajiv Khanna to prepare a petition in this regard, if he agrees with me.

By pushing for this kind of petition we can fill the gap in the 180 day rule.

I strongly agree you (I140helppls) that I-140 processing should be expedited and at any cost it MUST not take more than 180 days.
 

I140helppls

Registered Users (C)
#9
re:

I am with you guys and will support everything . honestly i do not feel we will be able to get support because of the ficus on 485 but i feel we should try our best
 

candie

Registered Users (C)
#13
Totally agree!

Let everyone start this email campain, send the email to:
Ombudsman: CISO@DHS.gov, Prakash.Khatri@dhs.gov
USCIS Director Eduardo Aguirre, Jr: ????
Acting Associate Director for Operations: William R. Yates /s/ Janis Sposato
????

We can also write a letter to congressman in your district, look for more information in 485 campain area

In other campain, they result something good. We should raise our voice and let the congressmen and congresswomen know our pain due to USCIS's unfair treat.

Let everyone spend sometime and get organized to keep the campain going forward

"Ocean" FAX Campaign #15 to 44 Congressional Members

--------------------------------------------------------------------------------

On 6/15/2004, Congresswoman Zoe Lofgren (D CA 16) and 43 members of Congress sent a letter to USCIS Director Eduardo Aguirre, expressing concern over the immigration petition backlog and requesting a plan to eliminate the backlog.
 

candie

Registered Users (C)
#14
I-140 Campain issue


Let's start this campain, and first decide what to do

(1). Name of the campain, will I-140Backlog Campain ok?
(2). Goal, Address the I-140 backlog, which will make AC21 virturally useless.
(3). Core Team, I will like to be in the core team, let's add more. I will say everyone in the core team should expect devote at least an hour per week, to communicate, send fax and email to all related parties. For petition letter to congressman and woman, we need people in each congress-zone to write to their congressman, may attend Townhall meetings as well
a. Candie CA12
b.
(4). Actions,
a. Email and Fax petition to:
Ombudsman
USCIS Director Eduardo Aguirre
Acting Associate Director for Operations
CSC Director
NSC Director
TSC Director
VSC Director

Please come up your suggestions and let's act efficiently. Everyone is busy, but no one will do things for us if ourselves does not try our best.
 

needluck4GC

Registered Users (C)
#15
Hi Candie

I posted the message on "the complaint" thread and got response from Mr. Rajeev. Please go to the following thread;

http://boards.immigration.com/showthread.php?t=133638&page=2&pp=15

He offered me to give him a call. I think you can call him as well in order to provide more information about our problems.

Besides, anyone who has suffered the I-140 delay in CSC should let Mr. Rajeev know the situation we've been facing too.

needluck
 

askgc

Registered Users (C)
#16
Update us

needluck4GC said:
Hi Candie

I posted the message on "the complaint" thread and got response from Mr. Rajeev. Please go to the following thread;

http://boards.immigration.com/showthread.php?t=133638&page=2&pp=15

He offered me to give him a call. I think you can call him as well in order to provide more information about our problems.

Besides, anyone who has suffered the I-140 delay in CSC should let Mr. Rajeev know the situation we've been facing too.

needluck
Please call Mr Rajiv and also update us on the same.
 

candie

Registered Users (C)
#17
needluck4GC

Hi, needluck4GC:

have you called Ravi? and what did he say?

I guess we should try to resolve the problem by different effort? Contact Congresmen and media, possible litegation, contact BCIS official?

Let us do it together, provided enough people have enough interest.
 

needluck4GC

Registered Users (C)
#18
I just left a PM to you.

Yes, I agree. All the applicants filed after July 18, 2003, please join us to fight against the becklog in CSC. Don't be selfish cuz the only way we can get our approvals ASAP is acting together and let our voices be heard. I know some new applicants may think they can fit in pilot program and get the approval soon, but think twice, it's USCIS, nothing is for sure. We are all on the same boat.

candie said:
Hi, needluck4GC:

have you called Ravi? and what did he say?

I guess we should try to resolve the problem by different effort? Contact Congresmen and media, possible litegation, contact BCIS official?

Let us do it together, provided enough people have enough interest.
 

desi145

Registered Users (C)
#19
hi needluck4GC,
count me in for your fight against this backlog.
Let me know how can be of your help.
If you have email content, please provide me and I will gladly forward it to the email address provided.

Thanks,
 

candie

Registered Users (C)
#20
Let's count how many can joint the compaign for I-140

The major issue is:

1. Delay of I-140 will make AC21 useless.
2. For old applicants, it is bad, since you see I-140 stay around July 2004 for a year or so now. Who know when it will move if we do not do anything to push it?
3. For new concurrent applicatnts, you may be lucky since they will process I-140/485 concurrently, in the new pilot program. But your situation may be bad too if your application is not picked up by the pilot program, or your security check delay for long time which make your 140/485 not adjust-ready. (my name check has been pending in FBI for a year now, and I have no confidence how many more year it will take)
4. Therefore, if they leave both 140/485 on the shelf, it will be hard to keep the applications alive in the tough market. If you are laid off, or want to resign, your 140/485 could be gone !
5. So BCIS should at least process I-140 first. What are they doing now? Since many raise voice of I-485, they are ignoring 140 now, which will make the life of many of us even harder.

If we do not fight for ourselves, who will?
 
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