Sept 02 ... Still waiting

S

savant123456

Registered Users (C)
For those 140 Cases... Still waiting

Based on latest numbers from Susu, it seems that
VSC is moved on to Oct. I am sure there are other
people like me who are still waiting for their approvals.

All of us you have ND based in Sept and are still
waiting an approval please post here. Make sure that
if 485 is filed then that ND is posted too. I want to
clarify if the logic "ND of 485 is taken into account, if
485 is filed along with 140" holds any water.

My Details:

Category: EB3
140 ND - Sept 13th
485 ND - Oct 11th

-Sav
 
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They may not be considering your 485 dates, It is just they are approving Sept I-140 cases leaving the old backlog as it is.

I check everyday for my series there around 90 EAC numbers Which they have approved/Denied. Some of them are RFE. There are more then 60 ‘Received’ statuses. In whole last week there were two approvals unlike ‘bunches’ of September.

Only thing we can conclude is that they approving Sept/October.
 
Still waiting

EB3 I140 Still waiting.
Details

I140 ND Sep 20 2002
I485 ND Sep 20 2002
Approved AP and EAD Nov 20 2002
140 Receipt NO EAC0228853XXX
 
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Solving the Enigma

tammy2,

It is confusing to reason as to why would INS approve
cases of a later date without clearing all the cases of previous dates. There has to be some logic behind it.

Maybe it is also based on the priority date of an individual.
The date when the labor application was filed? Any takers
for this logic?

-Sav
 
First do you think BCIS and Logic are related in any way? Let me explain you. My attorney called INS in May second week. They give very cryptic answer.
We spoke with an Officer at the Vermont Service Center regarding your I-140
petition. The VSC indicates that there was some internal confusion over
whether those applications being received as concurrent filing should be
processed prior to those applications already pending. Since your I-140
petition was filed in end of May 2002 (pre-concurrent procedures) your case
was one of those that appears to have placed aside to give priority to
review and adjudication of the concurrently filed I-140 & I-485
applications.

The Officer has indicated that their internal procedures have since changed
and they have now started to review those petitions currently stuck in the
backlog. Your case should soon be reviewed as they are now working on cases
in the same category as yours filed in May 2002
Click to expand...


Tell me about this.
 
Tammy,

It seems like IIO was trying to say - they were waiting to approve I-485 and I-140 together much before those non concurrent filers but then plans have changed. Nobody knows how BCIS takes decisions.

Thanks.
 
Thanks for the update Tammy!

Your information was really helpful. My attorney would have never divulged this information. I am working for a selfish employer who has hired an naive attorney - she waited 9 months to file my RIR labor appln, after giving ads in the newspapers. Wish you good luck!
 
If there seems to be no logic in the approvals then mark my words this is a million dollar lawsuit waiting to happen. Many careers and lives have been destroyed of people waiting lamely for their applications to be approved only to be layed off close to approvals. So many people have made and continue to make sacrifices on their quality of jobs and hence lives in order to facilitate this process of GC. Someday they will be sued big time. All you need is a smart lawyer and an applicant with balls (and lots of time on his/her hands).

-Sav
 
Ridiculous !!

Tammy,

I feel that giving priority to concurrent filing over other is absolutely ridiculous. I feel that your lawyer has been handed over some BS from INS.

So far,
I have notticed that if you have concurrently filed then your 485 ND is taken into account. If your 485 ND is in Oct then it does not matter if VSC is processing Sept, yours will be approved when they start processing Oct. Most of the 140 approvals I have seen
fall into these categories:

1. EB2 etc.
2. EB3 with 140 ND in Sept or earlier, with no 485 filing.
3. EB3 with 140 ND in Sept or earlier, with 485 ND in Sept or earlier.

Show me a case where a 140 with ND in Sept was approved for which there is a 485 of ND beyond Oct ?

-Sav
 
Not so sure

While it looks like they follow a certain pattern I am not quite sure if that is true..

If you look at the archives in www.immigration.com for the times you will find that VSC quoted that they are processing 07/27/02 for EB2 (this is about 2 months back). But the next processing times release corrected that to 05/31/02.

So guys do not beleive the processing times... they may be incorrect. I beleive VSC is still processing June/July for EB2 and I140 AND I485 have no connection in the approval time for I140.
 
EB2 Masters.
140 ND 08/02/2002
485 RD 09/19/2002
485 ND 10/01/2002
RFE for 140 on 06/19/2003

It seems that the Processing date being considered is ND for 485 for Concurrent filers. The pattern seems to make sense, atleast to me..

:p
 
So Far:

485 ND 140 ND EB
kkulkar CP 28 Sept 02 EB2
abrakadab 01 Oct 02 08 Aug 02 EB2
brazilian 07 Oct 02 16 Sept 02 EB3
Savant 11 Oct 02 13 Sept 02 EB3
SSDoc 20 Sept 02 20 Sept 02 EB3
js8309 11 Feb 02 04 Sept 02 EB3
 
That could be TRUE.

After observing most of the patterns over last couple of months, I beleive that BCIS is processing I-140s based on I-485 ND. However, there may be some slow IIOs who may take longer to review than others, So we may see a bit delay in few cases over some other faster approvals.

Even though its very unfortunate to tie I-140 and I-485 together, at least we will have an idea about processing times if VSC confirms it/ follows the pattern.

Good Luck !!
-Sanga
 
Not a problem even if they tie I-140 and I-485. But be consistent in that. My I-485 date is 22-AUG-2002. I-140 was applied in I st week of June 2002. I know at least 5 guys with almost similar dates. I also know two guys with similar dates got approved in October 2002. All these are my co-workers.

Just trying share my frustrations.
 
tammy2

I think you or your Lawyer are now entitled to call VSC and ask questions about youe I-140.

Your I-140 RD is 1st week of June 2002 and therefore 365 days limit have passed. Usually they tell you to wait for 30 more days. But you are approaching that limit anyway.

Have you seen Jagan0007 Post. He called 1800 nos and explained his situation (similar to yours). His I-140 got appoved within 10 days.

Think about it
 
Another case which adds to the theory

I140Relied was approved on June 23,

Details:
EB2(Masters)
EAC022565xxxx

RD:Aug 6, 02
ND:Aug 16, 02
No RFE

AD:Jun 23, 02

Concurrent filing I-485 in Sep02
 
I think they are also waiting for updates 1-800 number is taking more then one month to respond. Anyway i will request them to enquire again toady.

I called BCIS last month requested them no response from them.
 
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