My 140 Battles

[dynobuoy]

Friends

I applied for 140 in February of 2003 with the ND of March 31, 2003. Mine is a labor substituion case and EB3 category. Todate my 140 is not approved.

I first contacted my district congressman and they contacted the USCIS and said that my case is pending 'Background check'. Meanwhile my company started the first case referral. Not satisfied with the answer from the congressman I approached our senator who too came with the same result 'Pending Background Check'. Since a Background check is part of 485 adjudication I doubted that my case might have be clubbed together as per the Fuji Ohata memo. So I approached my senator the second time and explained the officer about the Fujie Ohata memo and said I would rather want my 140 approved first than clubing my applications together. The senator office had started the second query. I have faxed the FBI to check if USCIS has initiated a name check on me. Also using FOIA I have asked FBI to furnish all records that might be indexed under my name. Meanwhile since the first referral was not answered, my attorney has started the second referral. Today marks the 31st day since my second referral was started.

My next steps...
[1] Ask my attorney / paralegal to contact USCIS and try to speak to any officer. If not possible start 3rd referral.
[2] Wait for answer from Senators office.
[3] Had already faxed letters to FBI and NNCP to check if my background check is really pending. Wait for answers from them.
[4] If FBI informs that my name check is completed or if I get a 'No Records' on my name, I would take that to the senator and congressman and ask them to expedite my case.

So my dear friends if you feel that your case is taking long, read this to console yourself.

Cheers.

dyno

 

[truenblue]

Thanks for sharing this info. Glad to see that you are actively exploring all the avenues of hope and not sitting idle and cursing the luck. Please keep us posted about the progress and any new development.

By the way, did you make an inquiry on name check status at FBI before and did u recv any response ? And how to do this FOIA thing with FBI ?

My attorney's paralegal called VSC, she was told that wait untill 60 days are passed after RFE is responded (till Sep28) if nothing happens then contact trhem again.
So I am waiting for around 60 days pass, before I contact any congressman/senator, am I thinking just about right or I just contact them immediately ?

thanks

 

[dynobuoy]

By the way, did you make an inquiry on name check status at FBI before and did u recv any response ? And how to do this FOIA thing with FBI ?

First I called them on the NNCP number and left a voice mail. After 2 weeks I didn't get any response. So I faxed the letter to them. The FOIA information can be found in the following link http://www.immigrationportal.com/showthread.php?t=136848 (Thanks to Rahul for that thread).



My attorney's paralegal called VSC, she was told that wait untill 60 days are passed after RFE is responded (till Sep28) if nothing happens then contact trhem again.
So I am waiting for around 60 days pass, before I contact any congressman/senator, am I thinking just about right or I just contact them immediately ?
AFAIK, if you have a RFE then you would get the same reply whomsoever you approach. So wait for the specified time and if you don't see any imoprovements then contact your congressman / senator.

hth
dyno

thanks

 

[tammy2]

Friends

IMy next steps...
[1] Ask my attorney / paralegal to contact USCIS and try to speak to any officer. If not possible start 3rd referral.
[2] Wait for answer from Senators office.
[3] Had already faxed letters to FBI and NNCP to check if my background check is really pending. Wait for answers from them.
[4] If FBI informs that my name check is completed or if I get a 'No Records' on my name, I would take that to the senator and congressman and ask them to expedite my case.

dyno

Ask your attorney to call AILA liaison. It is more powerful and can bring some meaningful answer.

All the Best. Approval is not far.

 

[dynobuoy]

Ask your attorney to call AILA liaison. It is more powerful and can bring some meaningful answer.

All the Best. Approval is not far.

Thanks tammy, I'll add that to my todo list.


thx
dyno

 

[prgc]

Pending for a looong time

Hi Dyno,

Looks like myself and you are the only people waiting for I-140 approval for more than 14 months. I recently got RFE about "ability to pay" after my lawyer sent a letter to USCIS.

Did u'r lawyer sent a letter to USCIS requesting the status of your case?

wish me luck. I wish u "the best of best on your case"

 

[sanju_y678]

HI Friends,

I am also in same boat as you guys...
My 60 days will expire next week..Shall I contact senator or open inquiry with USCIS ?

EB3 ~ EAC03-185-XXXXXX
I140- MD--> 05/31/2003
I140- RD--> 06/05/2003
I140 -ND--> 06/09/2003
Rfe - I140 - 04-May-04
Rfe - I140 - Received By USCIS - 07/06/04
I140 -> - AD - ??/??/????
NO FP
I485-> ??/??/????
Rfe - I-485 - 06/07/04 (NOT YET RECD)

 

[dynobuoy]

prgc
Don't go by only the users of this forum. There are many more cases. I personally know cases pending since Oct 2002. So we are better compared to those poor souls.
And... Yes my lawyer did sent a letter last week.

sanju_y678
At this point you won't get any fruitful response from USCIS even if you go thro the congressman or senator. Since you have responded to the RFE wait for the 60 days an if u don't see any changes then contact the congressman / senator.

cheerup guys

dyno

 

[newmonkey]

Mine was filed in September last year, still no approval, no RFE yet. My lawyer wrote a letter to the director of VSC 40 days ago, no response still, not even a letter from VSC notifying us that they will be working on my case. I also tried to send emails, mail letters to the senator. After more than one month, I don't get any response from the senator either. Every time I called the senator's office, I couldn't talk to the person responsible for immigration issues. I also left message, faxed my I-140 information. I tried everything I can think of, but nothing. I am getting desperate: no matter which way I tried, I am ignored!!!

 

[dynobuoy]

Mine was filed in September last year, still no approval, no RFE yet. My lawyer wrote a letter to the director of VSC 40 days ago, no response still, not even a letter from VSC notifying us that they will be working on my case. I also tried to send emails, mail letters to the senator. After more than one month, I don't get any response from the senator either. Every time I called the senator's office, I couldn't talk to the person responsible for immigration issues. I also left message, faxed my I-140 information. I tried everything I can think of, but nothing. I am getting desperate: no matter which way I tried, I am ignored!!!

Sorry to hear abt your case newmonkey!

The way I do is I just walk into the congressman / senators office. If the immigration rep is not there leave your number and they usually call back. Also don't hesitate to leave a voice message.

hth
dyno

 

[truenblue]

Ask your attorney to call AILA liaison. It is more powerful and can bring some meaningful answer.

All the Best. Approval is not far.

tammy2,
Do you mean that attorney should contact AILA office in washington DC. ? How can they help in individual cases ?

thanks

 

[vicky007]

Thanks for your post dyno.

I am sure its going to be useful for a lot of cases.

Dyno,newmonkey and everybody else who are on the same boat:
Did you have any I-140 LUD's(without an accompanying Status Message change or emails from USCIS) since you filed it?
What i mean is LUD's only to the I-140's and not related to other filings.

Also,If you had any RFE's did you get the LUD change immediately or was it preceeded by LUD's without Status Changes?

Regards.

 

[wantgcasap]

Count me in

Filed last Oct'03, did not hear anything. Made two status inquiries, no response from them yet

LABOR SUBSTITUTION CASE

140/485 CONCURRENTLY
ND : 10/17/03

 

[dynobuoy]

Thanks for your post dyno.

I am sure its going to be useful for a lot of cases.

Dyno,newmonkey and everybody else who are on the same boat:
Did you have any I-140 LUD's(without an accompanying Status
Message change or emails from USCIS) since you filed it?

My LUD changed a couple of times till July 23, 2004. No change in status message and No RFE so far.

hth
dyno


What i mean is LUD's only to the I-140's and not related to other filings.

Also,If you had any RFE's did you get the LUD change immediately or was it preceeded by LUD's without Status Changes?

Regards.

 

[prgc]

Lud

For me it took almost one month from the date of 'LUD change' to 'RFE issued' message. I think LUD change is not a good thing!

 

[dynobuoy]

For me it took almost one month from the date of 'LUD change' to 'RFE issued' message. I think LUD change is not a good thing!

Not necessarily! For some LUD changes have resulted in approval.

But Seriously, I think we should not waste our efforts on the LUDs. The LUDs change for various reasons that we aren't aware of. We can't make any predictions based on LUDs.

hth
dyno

 

[sanju_y678]

hi prgc,

what is I-140 rfe about ? When did you get I-140 Rfe and when did you replied?

Thanks,
EB3 ~ EAC03-185-XXXXXX
I140- MD--> 05/31/2003
I140- RD--> 06/05/2003
I140 -ND--> 06/09/2003
Rfe - I140 - 04-May-04
Rfe - I140 - Received By USCIS - 07/06/04
I140 -> - AD - ??/??/????
NO FP
I485-> ??/??/????
Rfe - I-485 - 06/07/04 (NOT YET RECD)

 

[shrinisun]

Hi - EB3 - I40/485 Filed on 8/oct/03 - Labor Substitution

Even my 140 under EB3 category is still pending.. No change in LUD ..Friends of mine who filed at the same time from the same company have received FP notice following the 140 approval..I don;t understand as to why mine is being held back? is it because it is substitution case?

My attorney has requested for an update on the case and i understand that he hasn;t received any.
Now, i would like to know if attorney needs to send a formal written enquiry or enquiry over the phone would do? 'caz my attorney office informed me that they placed an enquiry over the phone..

Regards
FedUpwith GC !!!

 

[newmonkey]

To Vicky007

Thanks for your post dyno.

I am sure its going to be useful for a lot of cases.

Dyno,newmonkey and everybody else who are on the same boat:
Did you have any I-140 LUD's(without an accompanying Status Message change or emails from USCIS) since you filed it?
What i mean is LUD's only to the I-140's and not related to other filings.

Also,If you had any RFE's did you get the LUD change immediately or was it preceeded by LUD's without Status Changes?

Regards.

My LUD is 09/23/03 and has never changed since then. No RFE. I work for a big company with 70,000 employee. And my case is suposed to be an easy one: I have advanced degree, worked for another big company before, good salary. Just don't know where my case is now.

 

[newmonkey]

EAD extension is approved , I-140 still pending

Also, my EAD extension is approved in less than a month. Still no approval on I-140.