EB1b I140 PP more than 15 days

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firer

Registered Users (C)
I upgraded my eb1b based i140 petition on June 26 (receipt day in i797 form) on the Texas Center. Later, I received the email, saying that
-------------------------------------------------------------
The Vermont Service Center will adjudicate this case within
15 calendar days of the "received date" set forth above.
If approved, you will receive e-mail notification of such.
If we require additional evidence, we will fax said request
to the fax number provided on your completed I-907 Request
for Premium Processing Form.
------------------------------------------------------------.

Right now, it is almost 15th day. I did not receive any news from USCIS. Online status is still showing "Request for Premium Processing".
What should I do?
Does PP service has no guarantee for 15 days-decision policy?
which center is dealing with my case?

anyone has similar experience to me?
 
If you have another case pending, they ,sometimes, consider that you are not qualifed for PP. One of my friends has similar situation, he requested PP for his EB1-EA case, and No response after 3 weeks. Then he called the center, and they told him his case is not qualified because of the other pending case.
good luck!
 
gguai said:
If you have another case pending, they ,sometimes, consider that you are not qualifed for PP. One of my friends has similar situation, he requested PP for his EB1-EA case, and No response after 3 weeks. Then he called the center, and they told him his case is not qualified because of the other pending case.
good luck!
Click to expand...

Yes. I have another NIW i-140 pending.
The PP service does not indicate that it is only qualified for one submitted case.
what should I do?
USCIS already charged the $1000 fee, but did not deal with the case.
 
gguai said:
If you have another case pending, they ,sometimes, consider that you are not qualifed for PP. One of my friends has similar situation, he requested PP for his EB1-EA case, and No response after 3 weeks. Then he called the center, and they told him his case is not qualified because of the other pending case.
good luck!
Click to expand...

Yes. I have another NIW i-140 pending.
The PP service does not indicate that it is only qualified for one submitted case.
what should I do?
USCIS already charged the $1000 fee, but did not deal with the case.
 
Priority processing is allowed only when you have a single outstanding petition. USCIS will eventually return the money. Or you can withdraw the NIW and write to USCIS again. With service center switches and the outstanding NIW, CRIS is bound to mix things up, and it has such a record for these cases. I'm afraid you have to pursue this matter by phone and mail.
 
Galactus said:
Priority processing is allowed only when you have a single outstanding petition. USCIS will eventually return the money. Or you can withdraw the NIW and write to USCIS again. With service center switches and the outstanding NIW, CRIS is bound to mix things up, and it has such a record for these cases. I'm afraid you have to pursue this matter by phone and mail.
Click to expand...

Thank Galactus.

My case is a little bit complicated. Since I will change my job in the next two month, that is a reason I want to PP my eb1b-pending.

If my NIW i140 is approved, does USCIS can continue to process my eb1b i140 with PP service?
Since current processing date is Dece.14,2006, my niw i-140 receipt date is Jan. 19, 2007.
 
firer said:
Thank Galactus.

My case is a little bit complicated. Since I will change my job in the next two month, that is a reason I want to PP my eb1b-pending.

If my NIW i140 is approved, does USCIS can continue to process my eb1b i140 with PP service?
Since current processing date is Dece.14,2006, my niw i-140 receipt date is Jan. 19, 2007.
Click to expand...

don't trust processing dates ... anyway if NIW got approval you are eligible for PP as no other pending I-140 as far as I was told by TSC-PP last week .. I am also in the same boat ... one forum pal "gc_er" also has similar problem ... nothing we can do but to wait .. they said that they are going to refund pp but when god only knows .. good luck
 
Think this through

firer said:
Since I will change my job in the next two month, that is a reason I want to PP my eb1b-pending.

If my NIW i140 is approved, does USCIS can continue to process my eb1b i140 with PP service?
Since current processing date is Dece.14,2006, my niw i-140 receipt date is Jan. 19, 2007.
Click to expand...

I am not sure that you are strategizing correctly. You intend to change jobs within two months, but want to use a category that REQUIRES said employer (EB1B). You'll be in trouble, even if you get an EB1B approval. You will not have filed a 485 and had it pending for 180 days for portability. Instead you can wait two months and get the new employer to file the I-140. They can even file ahead of time. This is the safe way. If you get your I-140 approved with your current employer, it is difficult without portability to get it transferred to another employer. All you get is your date and you new employer will have to stand by the process again. Dates dont matter much when the Dept. of Labor isn't involved. And your current employer can choose to spoil the party with an outright withdrawal of the I140. My advice: think this through first.

If the NIW is approved, you can priority process EB1B. But processing dates are "average case" predictions. They are inexact. Don't count on them.

EB1B is less hazy to deal with than NIW, if you do satisfy the criteria for EB1B. Simply working in say "internet security to catch terrorists" and some little record in it, is enough to meet NIW. If your area of work isnt that straight forward, you have to show more material. EB1B is much more direct and has a shorter line if you are from a retrogressed country. I would suggest you plan your moves around EB1B. Unless you can't trust either employer.
 
Last edited by a moderator:
many thanks for your advices.

Actually, I concurrently filed i140 and i485 in March based on Eb1b. Thus, if my eb1b i-140 approved, and i485 has been pending for more than 180 days, and my new job is similar to the current one, I expect that I can use AC21 rule to transfer my case to new employer.

One thing I don't know that even if I am not qualify the PP service due to two pending i140 petition, since USCIS has opened and looked up my case, whether they will continue to deal with my case, or just stop process and leave it in the room collecting the dust.
 
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