How to get your I-140 approved...get an RFE!

K

kanus

Registered Users (C)
There's something very ironic about the current I-140 processing.

It seems that all concurrently-filed I-140s are getting a prima facie review fairly promptly.

If you have a solid case...bad luck. Back to the bottom of the pile.

If, on the other hand, your case raises questions, you will get an RFE at the time of the prima facie review, and the approval usually follows within days of receiving the response.

So, the stronger your case, the longer you wait.

Hmmm.....
 
I agree ...

Even though this seems to be a very wierd analogy, I think there is a lot of truth to it. I have personally come across cases of my friends where due to some weakness in the application INS issued an RFE (incomplete docs, bad company financials etc) and all of them have gotton very fast approvals. On the other hand if your application is rock solid then it is reviewed and let to rot ... till the 360 or more days are over.

Sad and strange ... but true .... atleast I feel so from my personal experience.

-Sav
 
Interesting observation.
But it is not true for all categories.

May be for EB3, when someone forgot to take off a cap while taking a picture? No offence. Just this type of additional evidence is rather easy to review.

I checked again what is going on with I-140 with ND April 24, 2002.

Most of I-140 (75%) were approved within 5 months.

There is one with RFE from September, still hanging for 400 days already.

3 more are still hanging, without any reply, probably EB1s, including mine.

Interestingly, one was approved just yesterday, probably NIW.
 
Hi there!
Not in all situations I guess!Atleast in my case

My Case EB3 VSC- Labor Substitution
RD 5/28/02
RFE- 3/6/03
Reason -Experience related
Not concurrent filed

RFE-RD 4/1/03
Waiting since than, no answers no response yet, it's been close to 8 weeks now!
My I140 filing would be 1 year on 5/28- stillhainging around!!

Murphy
 
Really sorry for you.

It just proves that the way they are processing applications has no any moral or logical explanation.
 
When you come to think about it, what is really involved in the process of I-140 approval?

1. Make sure all the documents are in the application.
2. Deposit the fees.
3. Confirm all the required information is present.
4. Determine eligibility.
5. Approve
6. Notify

I think this is what happens:

When an IIO (or whatever those idiots are called) receives an application, they immediately do steps 1, 2 & 3. If there is a
problem in the above steps then issue an RFE and put the application on the backburner. If there are no problems then
just put it on the backburner where it waits for some other IIO (more qualified??) takes a look at it.

When an RFE is issued, it's response has to go thru those first 3 steps again (normal procedure). This also in turn acts as a reminder call for the sleeping IIO to process this case and hence a fast approval. For those other (cursed) applications for which no RFE was issued, there is no reminder and hence ....
wait .. wait and more wait .....

-Sav

I-140
ND - Sept 13th 02
AD - Ha ha ...
 
I agree, Sav!

But what makes me feel more irritated is someone that I was looking on the board said, he filed in Dec, recieved RFE in Feb, replied for RFE and recd approval in a week's period or so! Can't imagine, if you recollect his case who had indicated he had the best lawyer in the world!

That could be true too! They might be looking at the Lawyers(Brand Names) and decide and conclude the authenticity of the file and approve and/or process ASAP


My lawyer who claims(!!**??) to be great has not included my Experience details at all in my case which is supposed to be the MOST IMP in I140, than any other, apart from the fees(obviously)


One gets thinking in various ways when your' kinda lost, as the saying goes- An Idle(lost) Mind is a Devil's workshop!

Let's all hope we get to the approval stage ASAP!

Murphy
 
Lawyers - Oh No !!

2 weeks after an RFE !!, that's nothing, what about this guy who claimed that his I-140 took just 22 days to process from start to finish, and that too without an RFE!!!

I have known for these things to happen, some laywers (and they may not be the best ones but the most slick of them all) have connections inside the INS. And YES they do use their connections at times.

My lawyer is one of the biggest law firms in East Coast. He too despite of being smart enough did not send any experience letters with 140 application. I noticed that right away when I recieved the filing copy and told him to send them as an addendum to the application, which he did.

Maybe I should not have been a smart ass and waited for INS to issue a RFE. O Well !! ......

-Sav
 
Piles and Batch theory

INS just works in mysterious ways. You will have to get somebody like Einstein to come up with a Universal theory.

One intersting theory that somebody cameup with is:
Piles and Batch.
INS works in batch mode. They choose to do a task every other month (or so)- so it is not continous processing. That is why you see nothing and then a bunch of approvals and quiet again.
The work that is sitting in piles is divided into the number of available IIOs. So if there were 100 applications in the master pile and 10 IIOs -> 10 piles. Pile1 gets 1-10 in order and Pile2 gets 11-20 in order and so on.
So if you were number 11 you would be number 1 in the 2nd pile and would potentially get approval before number 2. That is why you see the randomness.

Enjoy the long weekend, It will all get done eventually.

I140 ND: 10/01 - RIR/EB2/Concurrent no RFE yet.
 
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