EB1 service request or wait

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nilendr

Registered Users (C)
Dear EB1 forum members,
I have a question about a pending EB1ea 140, it has been pending for more than 9 months(regular) and current processing time is 4-5 months at TCS. My lawyer suggests not to call in service request. Do you think it affects the case in any way?

Thanks.
 
Thanks

Thank you for your information and soon reply to my question.
Very much appreciate your help.
thanks so much for useful info
thanks for your suggestion
I think this is enough .....
 
nilendr said:
Dear EB1 forum members,
I have a question about a pending EB1ea 140, it has been pending for more than 9 months(regular) and current processing time is 4-5 months at TCS. My lawyer suggests not to call in service request. Do you think it affects the case in any way?

Thanks.
Click to expand...

Sorry, but what your lawyer is saying sounds quite irrational to me. The case is already far outside of the normal processing time. Of course, you should submit an inquiry. If I were in your position, I'd already be writing letters to the CIS Ombudsman, to the local congressional reps etc.

The fact that there has been no movement on your case for such a long time most likely means that there was something slightly non-standard there and the case got put away in a "long drawer". It can stay there for a very long time until and unless there is some kind of an external stimulus for USCIS to start working on the case again. You may also consider upgrading your pending I-140 application to premium processing. This would require paying an extra $1000 and submitting form I-907. This way you definitely will get a result fairly quickly. I don't see any particular advantage in just sitting and waiting, possibly for another 9 months, for the TSC to adjudicate your case. Such an extended wait does not really improve the chances of approval; and if the application is denied, it is in your interests to get such a denial sooner. Then you would learn from the denial what the weaknesses in the case were and could refile a new, stronger, I-140 application after that.
 
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Thanks Baikal, Really appreciate your reply. You make good points. The reason why my lawyer probably is reluctant is because there was an ugly RFE earlier and the case was withdrawn and then refiled within a few months. This is all within last year.
 
nilendr said:
Thanks Baikal, Really appreciate your reply. You make good points. The reason why my lawyer probably is reluctant is because there was an ugly RFE earlier and the case was withdrawn and then refiled within a few months. This is all within last year.
Click to expand...

Yes, but my feeling is that if your case is sitting in a long drawer because the adjudicator had some question about it, when the case is finally looked at again, you are just as likely to get an RFE then as if you push them now to adjudicate the case faster. In my personal opinion, it is better for the RFE and even a denial to occur sooner rather than later.
 
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