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 Rather, their decision is "ORDER: The director's decision is withdrawn.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.
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.