New NSC processing dates, still doesn't make sense

J

jk0274

Registered Users (C)
For those of us who filed our NIW applications in 2007 and thought that last month's processing update page was a mistake, they have just posted the January 15 dates and apparently NIW is still listed as April 2007 as are all the other I-140s. What are these people playing at?
 
Yes, I was convinced that the dates were in error for the December 14 bulletin. But now the new one still shows April. This too must be an error, but it's annoying...
 
I read that USCIS has decided to abandon FIFO and focus on processing cases with available visa numbers. So the more interesting column to watch would be the I-485 dates at NSC. Those seem to be moving rather quickly and are already past the magic June/July dates.

If you have filed concurrently and your I-485 is within the processing window, they will likely pick up your I-140 as well, even if its NIW or EB1-EA. If they don't, they would again waste tens of thousands of visa numbers this year. There is no way they can clear out the I-140 backlog in time using the old FIFO method. But then again, common sense and logic doesn't apply to USCIS.

For everyone who needs the I-140 quickly (AC21, H1B renewal etc) they could reinstitute premium processing. There seems to be no news on that topic though ...
 
The first I read in the forum here (abandoning FIFO). I will try to find the link. The second is pure speculation (process by I-485, adjudicate I-140 when I-485 is ripe). If they do not do what I wrote above, they will waste most of the visa numbers this year since a ton of I-140 are from India and China. We will see whether I am right or not.
 
Need advice from gurus.

I filed my I-485 on June 27th at NSC and have a receipt date of June 28th and notification date of July 24th, 2007. Am I in the processing time frame? Does it makes sense to call NSC using POJ method and ask about my pending application or should I wait a bit more? Any takers....thanks?
-------------------------------------
I-140 (NSC) EB1A
Filed: 12/06 (regular, non premium, no RFE)
Approved: 5/07

I-485 (NSC)
Filed: 6/27/07
Receipt: 6/28/07
Notification Date: 7/24/07
FP (code 3): 9/15/07
AP/EAD Rcvd: 10/07
I-485 Approval: ??
 
Hi,
I filed my I140 in March 2007 with NSC. No updates since then. Should I call NSC and open a service request?

sen75
 
I talked today to the NSC call center using the POJ method. The operator said my checks are clear and that it will take about 3 more month since they are processing July 19, 2007 at the moment (which is the date for I-485s at NSC for this month). According to the same processing times my I-140/NIW wouldn't be up for another year or so, so this points towards them really going by I-485 order now. I guess we will know in 3 month.
 
Yes and no. She asked for the I-485 receipt # since I filed concurrently and then gave the information "July 19". I told her I-140 isn't approved yet and she said wait 3 month.
 
Hi nscagony - why did you call so soon after your application receipt date? Surely you were not expecting them to adjudicate your applications a mere 3 months after submitting them. I guess you called only to inquire about the name check? (I never did that, because since they haven't even adjudicated my I-140 yet, what difference does it make?)

Anyway, IOs have often just thrown around dismissive comments to callers. One basically has to call NSC a number of times in order to get a really helpful officer. I don't know where she got the '3 months' comment, but I doubt she was doing anything other than guessing. The bottom line is that:

1- The April 23 date for NIW is clearly wrong; one only has to look at the data from trackitt.com to see that. And since most of us in this category have advanced degrees, it's not hard for us to see why the April date is incorrect - the data are right there.

2- I don't buy the argument that skipping NIWs for those applicants whose visa numbers are not current makes a big difference. The reason I don't buy it is that I don't believe there are significant numbers of NIW filers from India and China who applied in the past 2 years - they almost instinctively would have gone for EB-1 or, as a second choice, a sponsored EB-2 (non-NIW). So USCIS doesn't have that many NIWs to skip over.

These are merely my opinions.
 
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I just talked to a very nice lady at NSC (using POJ) and she asked me to wait for 30 days for the decision. They have just started with application in mid to end July time frame. My NC/BC are all clear.

Will keep everyone posted as soon as I hear back.
 
I called mostly to see whether my biometrics (FP) cleared. I already knew my name check was clear. Using the awesome superpower of my Ph.D. ;) I just did what you suggested and counted the number of NIW I-140s pending on trackitt that are retrogressed vs non-retrogressed. Its 21 to 14. So 2/3 of pending I-140s are retrogressed. If they skip those that would definitively make a difference.

But I agree that the April date is bogus. The latest approval I have seen is November.
 
Hi all,

My own experience with NSC processing dates are that they dont mean much with respect to actual processising of each applicants I-140. My EB1-OR I-140 (non concurrent) took 2 years while processising dates for I-140 at that time (2003-2005) were well beyond my receipt date. Calling NSC did not do anything except some standard response that " we are working on your case and will let you know as soon we make a decision". Finally, after a RFE and my response (i pretty much resent all the documents again as a response to RFE), my I-140 got approved! Whereas my I-485, was done relatively faster (7 months), even with a RFE (on marraige).
 
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