Help urgently needed: the worst experience of I-140 petition on the board

panning2002

Registered Users (C)
Hi,

I must be the man with the worst luck in I-140 petition. I appreciate any suggestions regarding my case, which is still pending.

I submitted my I-140 (National Interest Waiver) to VSC in Nov. 2003 by my self (without lawyer). After a RFE (nothing but require a duplicate forms which I submited only a single copy), the case was denied in Aug. 2005 due to a major error in USCIS. The evidence referenced in the denial notice, including my gender, affiniation, research, achievement, publications are totally wrong and don't belong to me.

I called the service center about the error and they asked me to file an appeal. My appeal was transferred to AAO from VSC in Sept. 2005. After 10 months waiting, I received a notice from AAO that my case was returned to the VSC for further review in July 2006.

In the notice from AAO, it is clear that both the VSC and AAO know that "due to a clerical error, the wrong denial notice appears to have been sent to the beneficiary ... evidence was referenced that had no bearing on this case".

However, AAO did not either approve or denied my appeal. Rather, their decision is "ORDER: The director's decision is withdrawn. The petition is remanded to the director for further action in accordance with the foregoing and entry of a new decision which, if adverse to the petitioner, is to be certified to the AAO for review."

In addition, on the AAO notice, they also said "Therefore, pursuant to the director's request, this matter will be remanded. The director may request any additional evidence deemed warranted and should allow the petitioner to submit additional evidence in support of its position within a reasonable period of time. As always in these proceedings, the burden of proof rests solely with the petitioner".

So, AAO did not make any decision but sent the case back to VSC. So far it has been 2 months and nothing happened in VSC. I have no idea how long I still need to wait since there is absolute no timeline in the AAO notice.

My congressman office has called VSC for inquiry of the status, but no response.

I have visited local USCIS local office several times about the delay. They sent email to VSC for several times, no response.

I called the VSC customer service many times, but their status is still " in Sept 2005 this case was sent to our AAO for review ...". They do not know that it has been sent back to VSC for two months. I even talked with the VSC customer service supervisor, but she just said "there is nothing we can do. You can mail a status inquiry. You can also complain our service".

Recently I know the "expedite request" fax. I sent two faxes and request expedite processing of my case because it is a USCIS error last week and this monday, but no response so far.

I tried everything I know, but nothing happened. The long and desperate delay has affected my life so much. So please feel free to tell me anything that, you think, may be helpful to bring this delay anderror into their attention.

The only thing I am thinking is to drive to VSC and meet with somebody. I am wondering if somebody has ever done that? How to do that since they do not have a customer service?

I really appreciate your help.
 
Hi

I would contact your congressman again to chase up for you

They have a congressional e-mail address so will get through the USCIS have 30 days to answer congressman.

If he has not got answer, he needs to chase them again

I do not see any point in driving to service centre, They will not see you without appointment

Have you written to the Ombudsman ? That would be my next step. If you have attorney get him to do letter of mandamus

Regards Sue

www.expatsvoice.org
 
susan ward said:
Hi

I would contact your congressman again to chase up for you

They have a congressional e-mail address so will get through the USCIS have 30 days to answer congressman.

If he has not got answer, he needs to chase them again

I do not see any point in driving to service centre, They will not see you without appointment

Have you written to the Ombudsman ? That would be my next step. If you have attorney get him to do letter of mandamus

Regards Sue

www.expatsvoice.org

Hi susan ward,

Thank you for your nice suggestion. Since the case was returned back to VSC, whenever I called my congressman, the congressman office told me that they have inquired the VSC and VSC will let them know as soon as there is any information available. I have decided to stop by the congressman's office next week to push them further.

Unfortunately I did the petition by myself and didn't hire a lawyer. I contacted several lawyers today but nobody would like to accept this case -- they suggested me to submit a new petition. One lawyer told me that CIS gets totally screwed up (e.g. VSC do not process I-140 any more which may affect my case) and it is by no means easy, even for them, to solve it quicy. The lawyer said the only thing that help me may be to sue VSC. However, I do not dare to do that because (1) lawsuit can also take very long (2) even I win, VSC can easily deny my case.

Do you know if it is helpful to write to the VSC director? Whey don't they even response my expedite request, although I have also faxed them the decision notice from AAO which obviously proofs that it is an USCIS error?
 
susan ward said:
Hi

I would contact your congressman again to chase up for you

They have a congressional e-mail address so will get through the USCIS have 30 days to answer congressman.

If he has not got answer, he needs to chase them again

I do not see any point in driving to service centre, They will not see you without appointment

Have you written to the Ombudsman ? That would be my next step. If you have attorney get him to do letter of mandamus

Regards Sue

www.expatsvoice.org

HI sue,

I sent a certified mail to the Ombudsman this morning and hopefully it works.
 
panning2002 said:
Hi,

I must be the man with the worst luck in I-140 petition. I appreciate any suggestions regarding my case, which is still pending.

I submitted my I-140 (National Interest Waiver) to VSC in Nov. 2003 by my self (without lawyer). After a RFE (nothing but require a duplicate forms which I submited only a single copy), the case was denied in Aug. 2005 due to a major error in USCIS. The evidence referenced in the denial notice, including my gender, affiniation, research, achievement, publications are totally wrong and don't belong to me.

I called the service center about the error and they asked me to file an appeal. My appeal was transferred to AAO from VSC in Sept. 2005. After 10 months waiting, I received a notice from AAO that my case was returned to the VSC for further review in July 2006.

In the notice from AAO, it is clear that both the VSC and AAO know that "due to a clerical error, the wrong denial notice appears to have been sent to the beneficiary ... evidence was referenced that had no bearing on this case".

However, AAO did not either approve or denied my appeal. Rather, their decision is "ORDER: The director's decision is withdrawn. The petition is remanded to the director for further action in accordance with the foregoing and entry of a new decision which, if adverse to the petitioner, is to be certified to the AAO for review."

In addition, on the AAO notice, they also said "Therefore, pursuant to the director's request, this matter will be remanded. The director may request any additional evidence deemed warranted and should allow the petitioner to submit additional evidence in support of its position within a reasonable period of time. As always in these proceedings, the burden of proof rests solely with the petitioner".

So, AAO did not make any decision but sent the case back to VSC. So far it has been 2 months and nothing happened in VSC. I have no idea how long I still need to wait since there is absolute no timeline in the AAO notice.

My congressman office has called VSC for inquiry of the status, but no response.

I have visited local USCIS local office several times about the delay. They sent email to VSC for several times, no response.

I called the VSC customer service many times, but their status is still " in Sept 2005 this case was sent to our AAO for review ...". They do not know that it has been sent back to VSC for two months. I even talked with the VSC customer service supervisor, but she just said "there is nothing we can do. You can mail a status inquiry. You can also complain our service".

Recently I know the "expedite request" fax. I sent two faxes and request expedite processing of my case because it is a USCIS error last week and this monday, but no response so far.

I tried everything I know, but nothing happened. The long and desperate delay has affected my life so much. So please feel free to tell me anything that, you think, may be helpful to bring this delay anderror into their attention.

The only thing I am thinking is to drive to VSC and meet with somebody. I am wondering if somebody has ever done that? How to do that since they do not have a customer service?

I really appreciate your help.
You may wait for another one or two months because you just sent two faxes and request expedite processing of your case last week and this Monday.
 
immiq said:
You may wait for another one or two months because you just sent two faxes and request expedite processing of your case last week and this Monday.

That is true. My concern is if they have lost my case or messed up something because, whenever I called VSC representative (not national service center), anybody, even the supervisor, told me that my case is in process at AAO. I guess it won't take so long to send my case from AAO to VSC, right? So I am afraid that I am running a risk of having my case lost (it could happen because VSC do not process I-140 anymore and this can screw up my case, right?) If the worst scenerio happens, I must do something now. The problem is, no matter what I said to the VSC representatives, they did not answer my question whether VSC has received the case or not. They only repeat that it is in processing at AAO and even said "if you wanna complain you can do so".
 
panning2002 said:
HI sue,

I sent a certified mail to the Ombudsman this morning and hopefully it works.


Hi

You will have a notice of action. It will have a receipt date and priority date

If it is past 30 past your priority date call the 1-800 number.

The the clerk ( only clerks answer phone) to put you through to an immigration officer

But do tell the clerk you think your case is lost or may have a problem

Once you get throught to IO ask for a case status referral

Good luck, let us know how you get on

Sue

www.expatsvoice.org
 
Thank you for your nice suggestion

susan ward said:
Hi

You will have a notice of action. It will have a receipt date and priority date

If it is past 30 past your priority date call the 1-800 number.

The the clerk ( only clerks answer phone) to put you through to an immigration officer

But do tell the clerk you think your case is lost or may have a problem

Once you get throught to IO ask for a case status referral

Good luck, let us know how you get on

Sue

www.expatsvoice.org
 
I received the approval notice via email this afternoon, after almost 3 years of waiting and frustraction.

many people in the board helped me during my hardest time. I sincerely appreciate their help.
 
panning2002 said:
I received the approval notice via email this afternoon, after almost 3 years of waiting and frustraction.

many people in the board helped me during my hardest time. I sincerely appreciate their help.


Hi

Congratulations !

My son has been waiting for over 5 years, so depressing


Regards Sue
www.expatsvoice.org
 
EB1 EA appeal in AAO

Hi Panning,
Congrats !. My EB1 EA petition was denied at TSC. I filed an appeal and it was sent to AAO office last month June 13th. It is still in review. Are there ways to speed up the review by making a info pass appt or through obusurdam. As visa numbers are current now till aug 17th only, i am in a fix to file AOS or not. I get mixed responses from USCIS representatives. One said I can file wheras other said I cant file 485.

Please email me to my id sunny under score dil at yahoo dot com

Thanks

I received the approval notice via email this afternoon, after almost 3 years of waiting and frustraction.

many people in the board helped me during my hardest time. I sincerely appreciate their help.
 
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