Discussions and Questions: I140 NSC

Waiting for I140

Naanshi,

Mine is not yet approved. It seems mine is in the unlucky or lost pile of cases which get approved last.
My RD is 8/20 and ND is 8/25.
People after me are getting approved but I get the same message.
Is there any logic in USCIS processing ?
BTW, Congrats to all got approved this week.
 
Determining the priority date

this info might help to figure out why some people get their I-140 approved faster (say people from MI whose labor is longer than the other states in chicago region)
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Determining the priority date: Under INA § 203(f), immigrant visas are available in the order in which the underlying visa
petition was filed. The “priority date” determines an alien’s “place in line.” For EB-1immigrants, the priority date is the date
the employer files the Form I-140 with USCIS. For EB-2 and EB-3 immigrants, the priority date is the date the employer
applies for the labor certification, if an individual labor certification is required. If an individual labor certification is not
required, the priority date is the date the employer files the Form I-140 with USCIS. If the alien is the beneficiary of more
than one Form I-140, the priority date for EACH Form I-140 is the priority date for the earliest Form I-140. For EB-4
Immigrants, Form I-360 is used instead of Form I-140. The priority date is the date of filing the Form I-360.
The Visa Office, U.S. Department of State, publishes for each month a Visa Bulletin, which specifies the priority date for each
immigrant visa classification. If an individual’s priority date is earlier than the priority date shown in the Visa Bulletin for the
particular immigrant visa classification, then an immigrant visa is available for the individual’s use. If the Visa Bulletin shows
the priority date as “C,” then an immigrant visa is available for all approved visa petition beneficiaries in that classification.
The current Visa Bulletin is available at http://travel.state.gov, as are past editions of the Visa Bulletin.
2
 
rs74, fangs and I140NSC,
Today must be your day. Check your online status regularly.;)

naanshi.
 
Naanshi,

Can you clarify as to How are you so sure that our cases will be processed today ?
 
Rs74,
Just a calculated Guessing only. If not today, mostly before end of this week all of you should hear some thing.

naanshi.
 
hi all update on http://www.immigration-law.com/

According to the AILA, the USCIS is launching two interesting pilot programs to complete adjudication of I-485 applications within 90 days of filing. This is not a April 1 joke.
In family-based I-485 cases, Dallas Local District of USCIS will launch such program beginning from May 3, 2004. The I-485 applicant will be "interviewed at the time of filing" and adjudicated within 90days. FB-485, DV-485, Special Immigrants-485 will be covered, but Asylee/Refugee-485, EB-485, and LIFE Act-485 will not be covered. Wow, the families and DV lottery winners should move to Dallas! It is hoped that people in Dallas USCIS jurisdiction are not exploded with flock of married couples, the relatives of U.S. citizen, etc.
In Employment-based I-140/I-485 cases, California Service Center is reportedly about to launch such 90-day concurrent I-140/I-485 adjudication program for EB-2 concurrent-filing cases. NIW-based EB-2 will not be covered by the pilot progam. Remember that the eligible cases are non-NIW EB-2 cases of concurrent filing of I-140/I-485 only. In EB-2, if you file NIW case, you are out. If you file I-140 for non-NIW EB-2 but not concurrently with I-485, you are out too. Only currently filed cases will be covered by this 90-day I-485 adjudication pilot program. Since the concurrent-filing rule requires that the I-140/I-485 be filed at the jurisdiction of I-140 petition, meaning the job site or place of employment, the people who obtained a labor certification approval for the job sites outside of the California Service Center jurisdiction should not attempt to flock into the California Service Center by selling their homes in other jurisdictions and moving into the CSC jurisdiction. It ain't going to work! Interesting question which has yet to be answered by the California Service Center is "undetermined location" labor certification cases. These cases are filed not at the location of job or place of employment but the location of the main business office of the employer. Accordingly, should employer's main office be located in the California Service Center jurisdiction, no matter where the roving job will be located, such EB-2 filers are allowed to file at the California Service Center regardless of their job sites and location of residence, and theoretically, they should be eligible for such pilot program privilege. It Ain't Interesting?
What do they mean by "pilot program?" Common sense tells that it means a testing of certain program to test the water. Overall, pilot program will give a hope to all the I-485 filers, including family-based and employment-based, in that eventually, it will reduce the I-485 processing times tremendously throughout the country. Apparently, it is targetting at achieving reduction of processing times at one year across the board in the near future. Since it will include the time for I-140 and I-485 together, it ain't bad at all! Hold your breath!!!!!!!!
 
Question about filing via CP vs Concurrent

Hey everyone

Thanks for maintaing a highly organized and informative thread.

The beginning of this thread mentions that approval times for I-140s are slower if one has opted for Consular Processing.

However, I did some analysis on the latest traking spreadsheet and saw that the average number of days that approval dates differed by was ONLY around 40, i.e. Cases files concurrently were approved 40 days earlier (on an average) than CP. Is there something that I am missing? .Are there some other considerations why one would NOT go for CP when filing I-140 through Nebraska? I haven't filed my case yet but my labor cert is close to being approved at the regional level and I am considering my options..

quickdraw
 
that stuff was old news..and just based on a few cases; you can't analyze unless one knows the complete details of the person,case,company,experience,etc.. nowadays all new cases get approved in 2 months..CP shud work out fine for u
 
Proof Of Experience

Hi ALL,
I got a RFE for my I140 and that is regarding my experience, it says "the evidence of experience must be in the form of letters from current or formal employers giving name.................." Most of my experience is as contractor, so Can I submit a letter from colleague? or it should be from employer? Any suggesations regarding this will be very helpful, as my 6 years time is just 3 weeks more, I can not afford 140 denial. Once again please suggest the ways.

Thanks,
 
Input requested

I filed for I-140 with NSC Eb2 Concurrent with a ND of Jan 16th 2004. At that time we knew that my Company A was going to get bought over by Company B. So we filed before the sale. I got the EAD and AP. Now the sale has been completed and I am now officially an employee of Company B. Comapny B has assumed all assets and liabilities of Company A. According to my HR and also my lawyer I will need to file a Ammeded I-140 with the Company B's name (which I believe is accurate). My questions are :

1) Are there any potential pittfalls in doing so
2) Its taking anywhere from 5-8 mths for I-140 approval, now that I will be filing a ammneded I-140 , will it get associated with my original case?
3) If yes then when my turn comes based on the Jan16th ND, will both the I-140 looked at the same time or will I get a new ND and will have to wait another 6 mths from the new I-140 filing.

Thanks in advance for comments/suggestions/view-points
 
Re: Proof Of Experience

Yes, since you are working as a contractor for an employer, that employer's employement letter with skills as mentioned in your labor should be sufficient..

but, also make sure that for all the # of years of experience you are showing in the labor, you should have experience(employement) letters..

Another case is, Suppose you have 2 years exp before joining the current employer and if you have 4 years of experience while working for the current employer, and if you are labor shows as you have 5 years of experience that will create a problem, your labor must clearly have "5 years of progressive experience", and your employement letter of 4 years with 2 years of previous experience(from either your previous employer or colleague) should be fine..

i hope I answered your query, in the end consult a lawyer and make sure.. don't just depend on my reply !!!!!!!!!!!!!!!!

Originally posted by gkb
Hi ALL,
I got a RFE for my I140 and that is regarding my experience, it says "the evidence of experience must be in the form of letters from current or formal employers giving name.................." Most of my experience is as contractor, so Can I submit a letter from colleague? or it should be from employer? Any suggesations regarding this will be very helpful, as my 6 years time is just 3 weeks more, I can not afford 140 denial. Once again please suggest the ways.

Thanks,
Click to expand...
 
Thanks dasarihp_newid,
If I can't get letter from Ex-Employer, can I use the letter from a Colleague?

Thanks
 
Affidivit from Colleauge

Hi,
you can get the letter/affidivit from your colleauge, who worked in the same company, and also the timings should match. i.e. both should work together in same company at least for some time, because, he can give reference/affidivit to you only for the period he worked for the company. Hope this helps.
 
Re: Waiting for I140

Originally posted by rs74
Naanshi,

Mine is not yet approved. It seems mine is in the unlucky or lost pile of cases which get approved last.
My RD is 8/20 and ND is 8/25.
People after me are getting approved but I get the same message.
Is there any logic in USCIS processing ?
BTW, Congrats to all got approved this week.
Click to expand...

Rs74,
Any update on your case? What is the total number of employees in your sponsoring company?

naanshi.
 
rock369, it depends on which state you are located at..I am in MI - all my friends and colleagues are getting their I-140's approved in 2 months...thats because our labor PD is way ahead of labor PD's from other states..(due to long processing times) ; you might be getting your I-140 approved anytime now if you fall in those categories...when was ur labor filed?
 
Originally posted by gkb
Thanks dasarihp_newid,
If I can't get letter from Ex-Employer, can I use the letter from a Colleague?

Thanks
Click to expand...


Absolutely.. I know a friend who had an ex-employer's letter which didn't had skills as mentioned in the labor, so he requested from his colleague who is in USA.. There is a format that you need to use.. he filed through rajeev.s.khanna and they gave the letter format which he used.. His 140 got cleared 2 months back..
 
Thanks dasarihp,

My lawyer doen't know much and he is not cooperative, Can you get the letter format for me? It will be very helpful.

Thanks
 
I140 approved

Hi guys,

My husband's I-140 has been approved !!

RD (9/15/03)----------------- AD (3/29/04)------- EB3

Really glad, but I know there is a long long wait for the AOS.

All the best.

Diya
 
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