LUDs on 3 non-concurrent I-140 NIWs from Dec06/Jan07

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nscagony

Registered Users (C)
Today 3 people got LUDs on their I-140 NIW filed in December 2006 or January 2007. All three are from China and non-concurrent (since retrogressed).

http://www.trackitt.com/discuss/140/14679053/
http://www.trackitt.com/discuss/140/55313737/
http://www.trackitt.com/discuss/140/23433399/

In theory December 2006 would be up for processing at NSC. We should watch these cases. If they get approvals/denials it means NSC does process retrogressed I-140s as they did in the past, and they won't be able to catch up and will waste thousands of visa numbers this year (again).

However, if they do skip these and we see other January petitions being worked on, this would confirm the rumors that current I-140 petitions will be prioritized (as TSC always did).
 
I don't see any LUD on my NIW from 15th Nov 2006. I opened a SR on 27th Dec 2007 and called NSC on 27th Jan. Was told my case is under review ( whatever it means) but so far haven't heard anything from them. Any guess how long can it take once the case is under review with an officer for approval etc?
 
The case with the RFE was approved, just a few days after the (I am sure absolutely pointless and unnecessary) RFE was issued.
 
Its probably quicker for the IOs to issue RFE than to approve. The letters are generated by the contractors most likely. So the IO presses a button and the case is off his/her desk. And there is a chance that the petitioner will give up, so they just reduced their overall workload.
 
:) we are in 2008... Isn't that really funny? NSC is at least one year behind... There are some people on trackitt stuck since August 2006.
 
My theory was that the 2006 cases are all retrogressed, but "unfortunately" (not for that individual of course) a retrogressed concurrent I-140 from China was approved on the 22. after an RFE. This means NSC is sticking with pre-approving I-140 even if no visa number is available and we will lose a few 10000 visa numbers this year AGAIN.
 
Nscagony, i think the approval you mention could still be helpful to that person. As the filing was concurrent, they could get ead/ap (or already did) and use them safely.
 
Don't get me wrong, I feel for people from retrogressed countries. Of course adding more IOs would be the best approach, but when has NSC or USCIS every done the right thing. With the current staffing levels if they don't prioritize for I-140 that can complete the I-485 stage as well we will keep losing thousands of visas every year, which will ultimately make the wait for Chinese and Indians even longer. They already have to wait 5-6 years.
 
Since you guys are tracking NIW approvals at NSC, here's a NIW filed in January '07 at NSC approved today.
 
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interesting piece of conversation as to how NSC processes cases....well here are the most recent EB1-OR approvals per trackitt. user names given below.
apei (concurrent-China), LarryLi2007 (concurrent-China), both these regular cases approved in jan/feb 2008 but filed in may-june 2007.
 
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A non-concurrent retrogressed I-140 was touched by NSC on 3/2/2008 (RD Feb 21, 2007).

http://www.trackitt.com/member/soleil/

Two concurrent/non-retrogressed cases with similar RDs were touched the same day:

http://www.trackitt.com/member/anafiz/ (RD 3/14/2007)
http://www.trackitt.com/member/Palguy/ (RD 2/26/2007)

Especially the 2nd case has a RD very close to the retrogressed one. Based on these case we might be able to tell in a few days whether they stopped pre-adjudication for the time being.

Looking at the trackitt data filtered for NSC and NIW all not approved cases filed before the latest approved case by cheniw (South Korea) are from China and India. This could be seen as confirmation that the rumors about no more pre-adjudication are true to a certain degree.

On the other hand there are also clearly cases of retrogressed cases that have been approved very recently:

http://www.trackitt.com/member/huqy73/
http://www.trackitt.com/member/jinqiao/

One of the cases (hugy73) also has an EB1EA pending (which is currently in the RFE stage), so the NIW approval might come from that. The other one is a straight NIW from 2006 and it was processed despite being non-concurrent.

In summary, I really have no clue what the heck NSC is up to. Whatever they do, they don't follow any consistent rules.

On the other hand, and as much I like to complain about NSC, the pace at which they process applications seem to have improved a tad.
 
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Just got the approval email from CRIS for my I-140. Still a little bit in shock about it ;) My case is probably a little unusual and I did talk to 2 senators about it, and I interact closely with several federal agencies. Maybe someone finally put in a word for me.
 
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