My 140 Battles
- Thread starter dynobuoy
- Start date
dynobuoy said: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
Hi Dyno,
You have taken a Very Proactive approach to your case and indeed thats what is required for al those who are stuck with their cases.
Whats the Fax Number to inquire from FBI to check if USCIS has initiated a name check?
How did you do the FOIA for asking FBI to furnish all records that might be indexed under your name. Did you do it your self or did you do it through your attorney??
what is NNCP? what is their Fax Number?
My understanding was FBI Name check is done after the FP.Is it the case always?
Regards.
vicky007 said:Dyno,
Did you mean tiredofwaitingg. He finally got his I-140 approval on 17th August.So is there any Labour Sub case of 2002 still pending?
No. tiredofwaitingg is a forum member. This forum doesnot represent the whole of the applicant / beneficiary community. My guesstimate is that this forum could represent probably 10% of the (140) cases applied.
I know even in my firm people who are not aware of this forum or just don't care to participate in forums like this. As of today my company has 19 cases filed before Jan 2003 which are still pending approval. About 25 cases pending approval which are applied in 2003. Going by the posting my company might have the highest concurrent approval so far which is about 5 (all applied after August 2003). And the irony is that out of the twelve 140s applied so far this year (2004), my company has 9 approvals. And the best part is for the past 1.5 years my company had never got a RFE. (Now don't ask which company I work for) .
hth
dyno
Regards
My case.....
My case status:
- After one year of my second I-140 application, I have asked my attorney to initiate an enquiry. No luck
- Contacted senator’s office and they came back in two days and said – there are 13,000 similar cases are still pending and since you have my EAD already, you don’t need to worry and IT IS going to take long time since first I-140 was rejected. Regarding 485, there are about 113,000 similar cases are pending and IT IS going to take more time.
o I told the senator’s office that I don’t care about my 485 at all, but I would like to get the status of my 140 first since I don’t want to use my EAD due to the risk of I-140 rejection. I also told them about Fuji Memo and asked them to check if my case is under Fuji memo, if so I understand that I have to wait longer time.
o The senator’s office came back to me and said that since my 140 and 485 was filed on different date, my case doesn’t come under Fuji memo. What a disappointment!
I lost hope and all of a sudden I got a FP notice for my wife schedule next week, but I haven’t got mine.
Could I hope that contacting senator’s office triggered something in case?
First Attempt - EB2 - RIR
-------------------------
Labor ND: 02/01/2001
Labor AD: 03/23/2001
I-140 ND: 07/18/2001
I-140RFE: 11/01/2001
Rejected: 12/11/2001 (Education mismatch/Atterney Screw-up)
Second Attempt - EB3 - Non RIR
-------------------------------
Labor RD: 01/31/2002
Labor AD: 05/15/2003
Semi-Concurrent
I-140 ND: 06/30/2003
I-485/EAD/AP ND: 12/22/2003
EAD AD: 04/21/2004
AP AD: 04/28/2004
I-140 AD: ????????
I-485 AD: ????????
==========================================
My case status:
- After one year of my second I-140 application, I have asked my attorney to initiate an enquiry. No luck
- Contacted senator’s office and they came back in two days and said – there are 13,000 similar cases are still pending and since you have my EAD already, you don’t need to worry and IT IS going to take long time since first I-140 was rejected. Regarding 485, there are about 113,000 similar cases are pending and IT IS going to take more time.
o I told the senator’s office that I don’t care about my 485 at all, but I would like to get the status of my 140 first since I don’t want to use my EAD due to the risk of I-140 rejection. I also told them about Fuji Memo and asked them to check if my case is under Fuji memo, if so I understand that I have to wait longer time.
o The senator’s office came back to me and said that since my 140 and 485 was filed on different date, my case doesn’t come under Fuji memo. What a disappointment!
I lost hope and all of a sudden I got a FP notice for my wife schedule next week, but I haven’t got mine.
Could I hope that contacting senator’s office triggered something in case?
First Attempt - EB2 - RIR
-------------------------
Labor ND: 02/01/2001
Labor AD: 03/23/2001
I-140 ND: 07/18/2001
I-140RFE: 11/01/2001
Rejected: 12/11/2001 (Education mismatch/Atterney Screw-up)
Second Attempt - EB3 - Non RIR
-------------------------------
Labor RD: 01/31/2002
Labor AD: 05/15/2003
Semi-Concurrent
I-140 ND: 06/30/2003
I-485/EAD/AP ND: 12/22/2003
EAD AD: 04/21/2004
AP AD: 04/28/2004
I-140 AD: ????????
I-485 AD: ????????
==========================================
Just to share information:
One of my friend June 2002 RD I-140 case got approved yesterday. He had an RFE in November 2003 related to company financial info. His company's CFO wrote a letter saying we will able to provide him offered salary. Company is in Bankruptcy. EB3. I-485 Sept 2002 still waiting.
One of my friend June 2002 RD I-140 case got approved yesterday. He had an RFE in November 2003 related to company financial info. His company's CFO wrote a letter saying we will able to provide him offered salary. Company is in Bankruptcy. EB3. I-485 Sept 2002 still waiting.
Is there a receipt notice sent out when a written status inquiry is made to VSC? Who should the letter be addressed to? My lawyer wrote a letter to the director of VSC and he didn't get anything after more than a month.
Is it useful to open an inquiry through the phone? I did it almonst a month ago. Nothing happened yet. I just hope my application is not shred by some lazy officer at VSC.
Is it useful to open an inquiry through the phone? I did it almonst a month ago. Nothing happened yet. I just hope my application is not shred by some lazy officer at VSC.
Received FOIA response from FBI
Wow... the ppl at FBI are working too good. I received my FOIA response from FBI's NNCP. As expected I had 'No Records' indexed against my name. My senator's rep is on vacation this week. Planning to take the response and try convince her to expedite my case.
cheers
dyno
Wow... the ppl at FBI are working too good. I received my FOIA response from FBI's NNCP. As expected I had 'No Records' indexed against my name. My senator's rep is on vacation this week. Planning to take the response and try convince her to expedite my case.
cheers
dyno
FP notice received
My wife got FP notice yesterday, but I haven't (I'm the primary applicant). Our I-140/I-485 were filed concurrently with a ND of 9/18/2003. I-140 (Eb3) still pending. Is it normal to get FP notice before I-140 is approved? Should I receive my FP notice shortly? Thanks.
My wife got FP notice yesterday, but I haven't (I'm the primary applicant). Our I-140/I-485 were filed concurrently with a ND of 9/18/2003. I-140 (Eb3) still pending. Is it normal to get FP notice before I-140 is approved? Should I receive my FP notice shortly? Thanks.
sanju_y678
Registered Users (C)
HI friends,
I received finger printing for myself and my wife from lawyer yesterday for 1 Sep 2004. ND and FP date are same...
Notice Date for FP - 01-Sep-04
Finger printing Date - 01-Sep-04
Yesterday I went to dallas, Immagration office..did my FP...No Issues...
My I-140 is not approved yet..I called USCIS today to initiate inquiry..but they refused to do saying that my lawyer need to call. IS this correct that only lawyer has authority to do this?
Did any one put status inquiry check on I-140 by himself?
my I-140 Rfe was replied on 07/07/04..now it is 60 days...over..no change in status....
My I-485 rfe we never received..did 2 times requested for duplicate copy ? no results......
Thanks,
I140- RD--> 06/05/2003
I140 -ND--> 06/09/2003
Rfe - I-140 > 05/04/04 ( Company Financial Statement)
Rfe received on 05/24/04
Replied 140 - LUD - 07/07/04
FP - 09/09/04
I-485 -ND--> 07/07/2003
Rfe - I-485 > 06/08/04
Dup requested I-485 Rfe - 07/14/04
Dup requested I-485 Rfe - 09/02/04
I received finger printing for myself and my wife from lawyer yesterday for 1 Sep 2004. ND and FP date are same...
Notice Date for FP - 01-Sep-04
Finger printing Date - 01-Sep-04
Yesterday I went to dallas, Immagration office..did my FP...No Issues...
My I-140 is not approved yet..I called USCIS today to initiate inquiry..but they refused to do saying that my lawyer need to call. IS this correct that only lawyer has authority to do this?
Did any one put status inquiry check on I-140 by himself?
my I-140 Rfe was replied on 07/07/04..now it is 60 days...over..no change in status....
My I-485 rfe we never received..did 2 times requested for duplicate copy ? no results......
Thanks,
I140- RD--> 06/05/2003
I140 -ND--> 06/09/2003
Rfe - I-140 > 05/04/04 ( Company Financial Statement)
Rfe received on 05/24/04
Replied 140 - LUD - 07/07/04
FP - 09/09/04
I-485 -ND--> 07/07/2003
Rfe - I-485 > 06/08/04
Dup requested I-485 Rfe - 07/14/04
Dup requested I-485 Rfe - 09/02/04
My Story
my 140 got approved today-- got email notice this afternoon(Friday9/10) after 17 months waiting.
Here is my detail:
140 ND Apr 03, 2003 (EB2)
485 ND Nov 28, 2003
No REF
No FP, I didn't apply EAC and AP.
This forum is great, I check this site many times a day to trace INS move. Here I want to share my battle to this forum.
I did the same thing as Dyno did in the first post.
I contact 2 senators and 1 congressman in the middle of July. Got answers very quickly from them(July 15-18), but the answers are different.
The first senator set me a letter said, quoting from VSC"
the case has been assigned to Tom in our processing unit, we will replay any information when we have".
(for me this is good message, at least I know my file is alive, not misplaced to somewhere or other categories)
The second senator reponsed me a letter,but it said according to VSC words: The case (140) your inquired, case number###, it's A# isXX, the 485 is received on Nov
XXX, . this case(140) WILL PROBABLY adjudicate together with 485. and now 485 processing time is Jun.2002. As long as keep valid EAD, OK to work -- (something like this, I forget actual words. I am so mad about this answer since in my letter to senators, I didn't metioned my 485, only concern my 140, and didn't provide 485 case number. the response want me to keep waiting?)
The immigration assistance in comgressman office reponse me by phone. The first time he called me when he received my letter and after first contact VSC . it is general answer, like need two weeks to review my case.
Two week later(at end of July), he called me again said he did followup check on my case and VSC told him allow them 30 to 60 days to process. He told me if after Sep.30, no info on my case, give him call again. I think only the assistant really made big help here.
If you want to write to senator/comgressman, it may help if you directly send your letter to their Immigration assistant. That's the difference in my case.
(My lawyer did two inquiries in late April and Mid June, no answer from VSC.)
Good luck to everyone ! Meet you at 485 room.
jsyj
my 140 got approved today-- got email notice this afternoon(Friday9/10) after 17 months waiting.
Here is my detail:
140 ND Apr 03, 2003 (EB2)
485 ND Nov 28, 2003
No REF
No FP, I didn't apply EAC and AP.
This forum is great, I check this site many times a day to trace INS move. Here I want to share my battle to this forum.
I did the same thing as Dyno did in the first post.
I contact 2 senators and 1 congressman in the middle of July. Got answers very quickly from them(July 15-18), but the answers are different.
The first senator set me a letter said, quoting from VSC"
the case has been assigned to Tom in our processing unit, we will replay any information when we have".
(for me this is good message, at least I know my file is alive, not misplaced to somewhere or other categories)
The second senator reponsed me a letter,but it said according to VSC words: The case (140) your inquired, case number###, it's A# isXX, the 485 is received on Nov
XXX, . this case(140) WILL PROBABLY adjudicate together with 485. and now 485 processing time is Jun.2002. As long as keep valid EAD, OK to work -- (something like this, I forget actual words. I am so mad about this answer since in my letter to senators, I didn't metioned my 485, only concern my 140, and didn't provide 485 case number. the response want me to keep waiting?)
The immigration assistance in comgressman office reponse me by phone. The first time he called me when he received my letter and after first contact VSC . it is general answer, like need two weeks to review my case.
Two week later(at end of July), he called me again said he did followup check on my case and VSC told him allow them 30 to 60 days to process. He told me if after Sep.30, no info on my case, give him call again. I think only the assistant really made big help here.
If you want to write to senator/comgressman, it may help if you directly send your letter to their Immigration assistant. That's the difference in my case.
(My lawyer did two inquiries in late April and Mid June, no answer from VSC.)
Good luck to everyone ! Meet you at 485 room.
jsyj