I-140 NIW case stuck at VSC -- very frustrated -- any advice?

W

wu4uscis

Registered Users (C)
Hi there,

My I-140 NIW case was filed in Jun 2005 to the VSC center (RD 6/30/05). But nothing after the receiving the receipt notice. There has been several LUDs. One after filing I-485 in Sept 2005, another after finger printing, the last one on 5/13/06 (probably in respond to one of the three inquiries that were filed by me and my attorney).

Because my receipt date has way passed their processing dates, I have called the National Customer Service Center for 4 times now. Every time, they took down my info, filed an inquiry and then... nothing.

Everyone can imagine how frustrating this is. I also fear that my application may be hidden (or lost?!) somewhere and became forgotten.

Anyone have any advice? Anything will be greatly appreciated. Thanks.
 
Hey, don't

Frustration doesn't do any better. Do as eb1doc said - think positive...

My OR case has been there since 9/2005. No news either... Maybe many are in the same boat...

Relax.
 
wu4uscis said:
Hi there,

My I-140 NIW case was filed in Jun 2005 to the VSC center (RD 6/30/05). But nothing after the receiving the receipt notice. There has been several LUDs. One after filing I-485 in Sept 2005, another after finger printing, the last one on 5/13/06 (probably in respond to one of the three inquiries that were filed by me and my attorney).

Because my receipt date has way passed their processing dates, I have called the National Customer Service Center for 4 times now. Every time, they took down my info, filed an inquiry and then... nothing.

Everyone can imagine how frustrating this is. I also fear that my application may be hidden (or lost?!) somewhere and became forgotten.

Anyone have any advice? Anything will be greatly appreciated. Thanks.
Click to expand...
i agree being positive will help....BCIS sometimes delays responding to enquires....i would suggest you shd now go for senator enquiry as any congressional enquiry made gets response in 30 days.
 
Possible reason for processing delays

wu4uscis,

May I enquire you retrogression status. I suspect from your hurry in filing I-485 in Sept 05 that you are from a retrogressed country. You may have noted that I have been asking several folks this same question for a while now. I am testing the hypothesis that even I-140s (atleast concurrently filed with I-485) are being processed based on Visa availability.

Nothing else explains that folks in VSC EB2-NIW have pending I-140s since June 05. Either that or our applications are assigned to a weirdo or the astrology of these applicants is kinda messed up at the moment.

I think being positive is always good for the soul. I also second eb1doc with trying another route. However, being pragmatic in expectations is also important. So hang in there bro/sis.

I hope my hypothesis is wrong though.
 
Thanks both pplu and eb1doc. My attorney filed inquiries to AILA liation, hoping to get some info for the case. He had not heard anything yet. He also said that the congressional inquiry won't be any better unless the congressman involved really knows immigration laws. Also, one cannot do both, i.e., by filing a congressional inquiry, the AILA inquiry automatically goes invalid. So he basically says that I should be patient and wait a bit longer.

Just knowing that I am not the only one in the boat somehow eased my mind. I must say this is a horrible thing to say. But I really feel this way. Wish everyone good luck.

Thanks.
 
I did rush to file I-485 on 9/27/06, so not concurrent from the beginning (I-140 6/30/05). The story is even more complicated since my I-485 was originally rejected in Oct. 05, stating that the was no pending I-140 could be found. I don't know if this was because I filed I-485 myself whereas my I-140 was filed by my attorney. Anyhow, I did appeal the I-485 rejection. The appeal was accepted and finally got I-485 in the system.

After all these drama, I really worry that my case was somehow hidden or lost. Hope that is not the case.

Thanks.
 
I don’t think your case is lost (if they did, then suit them).

I don’t think that I-140/I-485 are not in the same package is the cause. I know someone did what you have done and his NIW was approved quite fast.

So maybe niwnow is right – some officers will wait till visa is available. What they are doing is, I think, actually following what the law says: if you check the provisions for I-140 you will see that each one starts with “In general, visa should be made available”...

Most people in this forum I believe are from retro-countries. However, the majority of the applicants are from non-retro countries. So maybe it is generally that I-140 and I-485 are adjudicated concurrently if they are filed concurrently. I know my Swedish colleague got the I-485/I-140 approved at the same time. So you may want to ask some guys who are not from retro-countries…
 
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