Petition for I-140 Backlog for CSC. Please join

This is happening at all service centers. The pattern is a mystery. They are approving some concurrent and semi-concurrent applications, while many of them are pending. How do they define concurrent applications, that is the big question?
 
kashmir said:
According to Rajiv's message about deposition with Paul Pierre, Chief of Service Center Operations on 8/6/2004, this issue should be not only at the CSC but also nationwide.

I plan a nationwide e-mail campaign at the Compaint forum.
Any comment ?
Click to expand...
Thats the best idea as the problem is not specific to particular Service Center but USCIS regulation on delaying I-140 until I-485 ready for processing., which violates AC21 law thats passed before Concurrent Filing law.
 
sreddy88 said:
Thats the best idea as the problem is not specific to particular Service Center but USCIS regulation on delaying I-140 until I-485 ready for processing., which violates AC21 law thats passed before Concurrent Filing law.
Click to expand...
How about the E-Mail Campaign to CIS Ombudsman Prakash Khatri ?
Here is the successful campaign to him in March.
Once we succeed that campaign, we can expand the campaign to Congressional Members at each service center like at the CSC.
 
Wonderful Idea! Since the Ohata Memo seems to be the root cause of all evil, do we nominate Mr Ohata so the Congress can tweak his ear?
 
Thanks askgc

Info dug up from AILA's website

Processing dates as of 8/1/2003
I-140 D (professional holding adv. degree/alien of exceptional ability) :7/17/2003
I-140 E (skilled worker or professional):3/14/2003


As on 8/1/2004
Advanced degree or exceptional ability (EXCEPT for national interest cases) :7/23/2003 (Less than a week in 1 year!!!)
Skilled worker or professional.:6/26/2003(slightly over 3 months)

Hope its useful
 
Thanks a lot no_hope_desi

no_hope_desi said:
Thanks askgc

Info dug up from AILA's website

Processing dates as of 8/1/2003
I-140 D (professional holding adv. degree/alien of exceptional ability) :7/17/2003
I-140 E (skilled worker or professional):3/14/2003


As on 8/1/2004
Advanced degree or exceptional ability (EXCEPT for national interest cases) :7/23/2003 (Less than a week in 1 year!!!)
Skilled worker or professional.:6/26/2003(slightly over 3 months)

Hope its useful
Click to expand...

I will see if I can use this information, can you look at the campaign thread
by candie also and post there if you already followed up with any
representatives.
 
140 not moved in CSC on Aug 10,2004

The online checking in CSC updated...

whole 140 not moved in CSC on Aug 10,2004
...

help yourself, fax/email to your congressmen...
 
I am posting the formatted MS word letters I used to fax/mail to Senators and Congresswomen. Those letters include their addresses, phones, and faxes so you can simply print, sign, fax and then mail them out. Remember to put in your name, address, case number and email at the end.

Please join Yahoo Group I created to battle I140 backlog. I will summarize things from time to time and send them to the group. You will get emails without having to come to check out the forums. I will regularly send out reminders for actions.

http://finance.groups.yahoo.com/group/pending140/
 
Suggested letter to Prakash khatri

Hi All,

Any suggestions on this letter to Prakash Khatri, he directly reports to
deputy secretary of DHS not to USCIS.

Also check this link by Cinta.
http://www.immigrationportal.com/showthread.php?p=798861#post798861



ImmigrationPortal.Com
5225 N. Wilson Blvd, Arlington VA 22205

Dear Ombudsman Prakash Khatri,

First of all we want to thank you for the suggestions given by you to reduce the backlog in the process of immigration related cases and for helping our friends from this forum on 485 processing delays at California Service Center.

We are writing to you regarding the unreasonable delays in adjudication of the Employment-Based I-140 cases at almost all of the Service Centers of the USCIS and USCIS memo, by Director Fujie Ohata dated March 31 2004, which invalidates the PL 106-313 (AC 21 public law) due to concurrent adjudication of I-140 with I-485.

According to CSC’s progress report, CSC is adjudicating the I-140 cases filed before July 2003. Also USCIS has not shown any progress for most of the I-140 cases since August 2003. Please note that the CSC was adjudicating I-140 EB2 cases filed around July 17 2003 as of August 1 2003. Congress has expressed repeatedly that the reasonable adjudication period is 6 months for immigration cases.

As per new USCIS memo of concurrent filing for I-140 and I-485, the cases will be adjudicated concurrently. Even if I-140 is filed concurrently, it will take the same time as adjudicating I-485. Since I-485 is taking anywhere between 24 - 36 months to process in CSC, not adjudicating I-140 before hand will not allow candidates to use AC 21. This defeats the purpose of the AC-21 law. The caveat here is, USCIS interpretation, that candidates could change jobs only if their I-140 petition is approved and I-485 petition is pending for over 180 days. Ideally the candidate should be allowed to change jobs after 180 days has passed by after filing I-140 and I-1485 concurrently, irrespective of I-140 status.

In summary we, as immigration portal community, request you to 1.) Please bring this up with USCIS and expedite I-140 processing so that it will give required relief to non-concurrent I-140 filers as well as the concurrent filers; 2) correct the USCIS interpretation of AC 21; and 3.) request Mr. Don Nuefeld to move some reasonable number of adjudicators to I-140 unit from other units such as I-485 where there has been significant improvement recently.

Sincerely,


Name
140 Case #
Address
Regards,
 
How to send?

kashmir et all,

Do you know how to send reach to Mr Don Nuefeld (CSC director) and Mr Eduardo Aguirre (USCIS director)?
 
An interesting thing :
Zeroc's non-concurrent app
(details
EB3 non-concurrent
RD : 08/06/2003
RFE : 05/05/2004 (company's eligibility to pay and past experience)
RFE responded : 07/21/2004
Approved : 08/02/2004.)
has been approved.
My concurrent filing date is 8/8/2003 - and when my lawyer followed up, they said I will have to wait since they are processing Jun 26 apps. We have been put at a distinct disadvantage since we chose to apply concurrently!! Someone like Zeroc can file his 485 now, wait for six months and use AC21!!! What was the whole idea behind concurrent filing that the lawyers were raving about last year???????????
 
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