I-140 at NSC - No Progress for over 9 Months

S

sunks

Registered Users (C)
Hi Friends,

I have been regular reader of immigration.com but am posting my issue for the first time. I know there are lots of knowledgeable and experienced members of this forum and I am sure they will give me relevant advice. After wait for over 18 months, my labor finally got approved in Jan 2003 and I had filed I-140 & I-485 (concurrent) at NSC. I-140 was filed in the category of "Skilled Worker or Professional". Since I-485 is going to take probably 2 years of time, I was hoping that my I-140 would be approved in 3-6 months time.

The I-140 Notice indicates Received date 02/24/03 and Notice date 03/03/03. BCIS/INS site shows processing status for I-140 as processing applications of 03/06/03 for "Skilled Worker or Professional" category. In fact, this is the status for last 6 weeks or more. But my I-140 status shows standard message "Your I140 IMMIGRATION PETITION FOR ALIEN WORKER was received at the office on March 3, 2003. It is taking between 150 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete". In fact, the status has never changed in last 9 months. Neither my attorney nor me have received any thing on I140 so far.

I tried to contact National customer Service over phone but they are telling me to wait for 2 months as cases of Feb./March are under process currently. While on immigration.com, I have read that some persons have got approval of I-140 with filing date of June/July 2003. I am confused and do not know what is the best course of action for me. Any suggestions or advice on the matter !!. Thanks in advance.

:confused: :confused:
 
EAD

I did apply for EAD at the same time (03/03/03). For which I got RFE on 08/15/03 (after over 5 months) to submit additional photo ID preferably Color and enlarged. After submitting those, I got my EAD approved on 09/04/03. Since, I was having H1 till 2005, the delay in I-765 approval did not bother me much. Also I did not try to get EAD from local office. But 140 is becoming a big issue now..
 
Hi Sunks,
After reading your post yesterday night, first I thought that your case might be pending in Security Check, which can take months. But after knowing that your EAD got approved, I don't think your case is pending in Security Check.

Second most common delay is that the file got assigned to some adjudicator who never cares to clear the old cases. There is a strong possibility that your file might be lying somewhere and the adjudicator did not even know that your file is still pending. In our I-140 tracker, I could find two cases of almost same time of yours are still pending. (EB3-RIR Concurrent filed Cases with ND Feb 25 and 28, 2003).

The safest solution is to inform your attroney to contact AILA to find out the status of your case. Second best solution is to contact local senator and tell him or her that your case has taken more than the maximum time(180 days) and they can help you. Third solution is tell your Employer to write to the service center and ask for the current status.

I can very well understand your frustrations as I went through all these in my I-140 Processing in 2001.


Best of Luck,
naanshi.
 
Last edited by a moderator:
Originally posted by naanshi
Hi Sunks,
After reading your post yesterday night, first I thought that your case might be pending in Security Check, which can take months. But after knowing that your EAD got approved, I don't think your case is pending in Security Check.

Hello, Naanshi,

Why in the I-140 step needs Security Check? I am afraid it should be in 485 step, with FP check.

My 140 was submitted this April, but didn't get anything yet (I didn't apply for EAD until this November).
Click to expand...
 
Follow up

Hi naanshi,
Thanks for the update. I am glad that you understood my frustation as you have gone through the cycle and faced problems there. I did try requesting my attorney about 2 weeks back for follow up but he did not agree to that and just wanted me to wait. So I am not sure whether he would go to AILA. My company does every thing as per attorney (as he is the one hired by company) so that is also a kind of close end. I have seen a few people here approaching local Senator but after 9/11, his office has started giving standard reply that they can not interfere with functioning of BCIS/INS. I will try to explore all these possibilities again and will update the same. In the meanwhile, if you or any other friend can think of something else, please post that. Thanks once again for help.
 
Follow up

Hi Nanshi and other friends,

I was able to send an enquiry about the case to USCIS/BCIS from my employer and I have got the following reply:-

"The I-140 Petition is currently pending. Once a decision can be made or if additional evidence is required your attorney / reprsentive's Office will receive written notification in Mail. Further case status checks mau be done using case status on line with your LIN receipts number on Immigration web site www.uscis.gov. Thank you for your patience"

The reply does not say why it is pending or any other reason. Somehow, this did not make much sense to me. I am not sure what is the meaning of "when a decision can be made" ?? My Attorney is not ready to do any follow up and wanting me to wait. Does any one has further advise and also is it possible to change Attorney at this stage and can it help.

Reg. contacting local Senator, I read in some posts that BCIS/INS rejected some of the cases because of the follow up of Senators. Any feedback in this area will be of great help as I will try to explore that option too. Thanks to every one for the help
 
hi sunks
I am in the same boat and my case has been pending and that i also applied for EAD and AP .... but always the case status says it is pending and one fine day when i called the national center for status they sent me status after a month and they state the my ead and ap are denied and a denial notice was sent to me ..which i never recieved. and regarding the I 140 case i have been asking may lawyer to do follow ups but he says he is not getting any response from bcis and dont know what to do next either.
 
Hi Jack

What are your case details, ND, Category etc. Are you still finding pending for EAD/AD at BCIS web site or it is showing some other ststus. I am also not sure what to do at this stage other than waiting. May be we get some advise in this forum from senior members.
 
hi sunks

my nd is 7th march for all my applications... ead ap 140 and 485. no change in the status on the site ... yeah i guess we dont have any other option other than wait and see.
 
STILL WAIT AND WAIT

Hi Jack,

It is still the same old story. No news so far. What is scene at your end. Will send 2nd inquiry thru employer after 30 days of first as indicated by BCIS.

Any one else has any other suggestions/advice to offer ..........
 
FOR NAANSHI

Hi Naanshi, I have seen that most of your predictions have come through and every one has complete confidence in your predictions. Do you have any thing to make for cases like ours. Thanks.
 
My I-140 was filed on 4/23/03 (RD &ND) and it's still pending. No update......My attorney asked me to wait...Don't know what to do :confused: :confused:
 
140 Pending since April 2003

Hello Calmese,
My ND is same as yours and my 140 is also still pending. I scanned the BCIS website only to find that 80 % of the 140 applications that were filed in that timeframe (April 17th - April 25th) are also still pending. Perhaps they are siiting on adjudicators desk and not been worked on at all. Lets hope for the best.

MNP
 
MNP
Did you call the cust support ?
Because everytime we call them , they tell us the timeframe by the published processing dates.Since NSC is processing May 26th onwards you have the right to know why your case is still pending.
Pl call the cust support and would appreciate if you could share that info.

Thanks
Naggi
 
I 140

Hello Naggi,
My employers attorney is sending in an official enquiry to BCIS tihs week, will keep you posted with the results of the same. I have been asked not to contact the BCIS directly for the 140 petition because I am the beneficiary of this petition and not the petiioner.

MNP
 
Hi Sunks, MNP, jackmike, have you guys heard anything from BCIS yet?--Please post your update here as soon as you have new information!!! I will also update you guys if anything comes up.
 
Originally posted by calmese
Hi Sunks, MNP, jackmike, have you guys heard anything from BCIS yet?--Please post your update here as soon as you have new information!!! I will also update you guys if anything comes up.
Click to expand...

Any updates for any one with pending cases (filing on or before April 03). Just want to check and see whether luck has started smiling on any one of us ??? :eek: :eek: :eek:
 
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