Tracker for EB3 cases

EB3 and EB2 dates same?

Looks like EB3 has caught up with EB2, whether concurrent or not. why isn't EB2 moving? any news on that? EB2 was stuck at 07/18 for almost 5 weeks.

thanks
 
AOS or CP ?

Folks, I recently got my LC approved and am moving into the next phase. I am undecided if I should opt for AOS or CP. My CP would fall under the Mumbai consulate (and from whatever I have heard they have a good approval track record). I recently however read something about the pilot program in which the I-140 and I-485 could be filed concurrently and they would both be adjudicated within 90 days. That would be awesome however although I have an MS, my job has been filed as a BS + 1yr exp and so I dont think I would qualify as an EB2. (is that correct ?)
I beleive that the I-140 and I-485 can be filed concurrently now however bec of chances of the portability going away with the new legislation whether it makes any sense to go this route or is CP still the best option ?

I have been a passive observer of this forum (in the LC section) and I have found a lot of domain expertise here among us fellow members. Any help, guidance will be appreciated.

Thanks
 
Re: AOS or CP ?

Originally posted by eb2dec
Folks, I recently got my LC approved and am moving into the next phase. I am undecided if I should opt for AOS or CP. My CP would fall under the Mumbai consulate (and from whatever I have heard they have a good approval track record). I recently however read something about the pilot program in which the I-140 and I-485 could be filed concurrently and they would both be adjudicated within 90 days. That would be awesome however although I have an MS, my job has been filed as a BS + 1yr exp and so I dont think I would qualify as an EB2. (is that correct ?)

******Yes. You are correct.

I beleive that the I-140 and I-485 can be filed concurrently now however bec of chances of the portability going away with the new legislation whether it makes any sense to go this route or is CP still the best option ?

******Non-Concurrent I140 takes a long time to get approved. So it is always better to apply concurrently and get EAD and AP. This is the safe bet.

I have been a passive observer of this forum (in the LC section) and I have found a lot of domain expertise here among us fellow members. Any help, guidance will be appreciated.

Thanks
Click to expand...
 
to eb2dec

contrary to what vortex is suggesting, looks like EB3 non-concurrent apps are being approved lately (without any RFEs).
EB2, concurrent is in dumps. EB2 dates haven't advanced in over 2 months.

not to discourage you, but i don't think EB2 or EB3 or concurrent matters. bottom line: its all luck. just when you think EB2 concurrent is best, they may dump em and start approving EB3s.
 
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Anyone here who responded to RFE last month and still waiting to hear from INS? RFE responses were being processed fast (in about 10 days) but looks like that too has come to a standstill!
 
Bummer

Guys try not to get RFE's it would result in Denial.

The USCIS issued a Memorandum on May 4, 2004, reminding USCIS Regional Directors, Service Center Directors, District Directors, and Officers-in-Charge that immigration regulations do not require a Request for Evidence (RFE) in every instance before issuing a denial. The Memo further describes situations in which the USCIS does not believe an RFE will be required. Although the intent of the Memo may be to expedite processing of cases, we have some concern that this may result in more denials, without affording the employer or applicant an opportunity to respond to an RFE.

Where the Document Does not Establish Clear Eligibility

The Memo advises adjudicators that an RFE is not required if the record appears complete. The noteworthy example here is an I-140 petition. The Memo indicates that, while there can be a number of documents the petitioner may choose to submit to show its financial ability to pay an employee's salary, the USCIS adjudicator is not required to issue an RFE as long as the petitioner sent at least one of the required documents. If the adjudicator does not believe that the particular document establishes the ability of the sponsoring employer to pay the I-140 employee or beneficiary the prevailing wage, then the adjudicator may deny the case without an RFE's requesting additional evidence from the employer of its ability to pay.
 
New pilot program - and unfair approval of newly filed cases

guys,

I don't know how you feel about this pilot program, but I am personally convinced that it won't be fair for all of us. Take for example the non-concurrently filed cases. It is likely that CIS will stop processing non-concurrent applications alltogether because they will be so bogged down
1. processing the new cases
2. trying to reduce the backlog of 485s.

I was very disappointed yesterday to see the projected processing time increase with another 90 days again.... I think it's a sign that non-concurrent and old EB applications will be put in the backburner- out of sight, out of mind.
I feel that the immigration community should raise this issue with CIS. I suppose the recent attempts to reduce backlog on CIS's part are (at least partly) due to the lawsuit this board filed with the help of Mr. Khanna, but the measures are not being distributed even handedly, but in a rather biased way.

I am sure this was not in Mr. Khanna's intention, however things are looking to benefit some but not all. I personally feel very disappointed that my EB3 non-concurrent case is likely to be the lowest priority because of this lawsuit. I think the community should try to address this problem. I feel that one month old cases getting approved before long pending cases should not be the case!

While I am totally behind Mr. Khanna's lawsuit and actions to reduce backlog, I feel that it should be done in a fair and equitable way.

Please post your thoughts on this.

Thanks,
I140inCA
 
Agree: New pilot program - and unfair approval of newly filed cases

Hi All:

I am newly registered, but I have been axcessing the forum for a while.

I totally agree that the new pilot program is a great step but it is really unfair to the people who have filed previously and have been waiting for a long time.
 
A pilot is a pilot

I don't think we should argue about the pilot. Yes it will delay our cases, mine too, at first. My guess is the pilot is will run for 2 to 3 months. Then it might get applied to everyone, that's where we would get the benefit of it. If I can get the I-485 by the end of 2004, I'm very happy.
Some are going to be lucky, and get approved in 2 to 3 months, but that's always the case, isn't it.
hang on and praise the effort,
t3k
 
Any updates...

Are there any approvals/RFEs/denials for EB3 cases (LC sub.)? Guys please update. My RD is 06/23/03 (non-concurrent). They are currently processing around June 17th. It seems pretty close but haven't heard anything so far.

My USCIS website login has a last updated date of 04/20/04. Does it mean my case is being looked at right now. Not sure how long it takes for them to process once they take up a case.

This wait is getting really frustrating.

Anyone in similar timeframe still waiting?

Please share your experience/thoughts.

Thanks
 
Hi CT123,

i can simphatize with your frustration. my RD is sep 3, and I personally feel that non-concurrent cases are left in the dumps. just recently the processing timeframe changed from 360-360 days to 360 to 45o days, a welcome news :mad:
I think BCIS is working on newly filed concurrent cases.
 
Hi CT123,

My I-140 (EB3 sub -LC, Semi-Conc) ND is 6/14/2002 (yes , 2002)...!!
I am still waiting.... ( very long waiting...!!)

So far, I&MY attorney made atleast 6-7 enquiries with USCIS.

Recently we got an answer from USCIS stating....
As this was a Sub-LC, USCIS made a request to Labor Dept for the Original/Copy of the Substituted LC. This request was made in late 2002 itself and waiting on their (Labor Dept) response.

Don't know, how long this is going to take...!!
But, USCIS asked us to wait till June 2004 and contact them, if the case is still pending.

I recently got approvals for my I-131 and my wife's EAD.

With gods grace, I am hoping that, my case will get approved soon (same old confidance... :) , since june 2002).


Last updated date on USCIS web site tell you that... your case was last opened by some one on that day.
Looks like your case was opened on 04/20/04..

What i have observed is...USCIS is re-visiting the pending cases any time between 21 -90 days. Hope the officer will re-visit and approve it soon...

Good luck...


CT123 said:
Are there any approvals/RFEs/denials for EB3 cases (LC sub.)? Guys please update. My RD is 06/23/03 (non-concurrent). They are currently processing around June 17th. It seems pretty close but haven't heard anything so far.

My USCIS website login has a last updated date of 04/20/04. Does it mean my case is being looked at right now. Not sure how long it takes for them to process once they take up a case.

This wait is getting really frustrating.

Anyone in similar timeframe still waiting?

Please share your experience/thoughts.

Thanks
Click to expand...
 
mygcacc01,

Please keep in mind that it's worth trying through your congress-(wo)man for the cases just like you (timeconsuming and unprecedented delay/response)
 
Gcpend,

Thanks for the advise.
Yes, I thought about it some time back and searched on this forum for any sample letters and information on how to contact congress (wo)man.

I couldn't find much....

If you happen to know any details related to this... could you please share that with me..

Thanks in advance
 
Do not expect any I-140 approval from CSC, unless we can do something...

Here is the sad news from http://www.immigration-law.com/


05/14/2004: California Service Center Concurrent Adjudication Pilot Initiation and Warning Against Abuse

We reported earlier that the California Service Center was launching I-140/I-485 concurrent adjudication pilot program for the concurrent I-140/I-485 filing cases inasmuch as it is non-National Interest Waiver case and filed after certain date. Qualified cases were supposed to be adjudicated in less than 90 days.
Apparently, CSC is concerned at this time that those who have already filed concurrent I-140/I-485 cases or I-140 petition alone may withdraw the pending cases to refile a concurrent I-140/I-485 case to take advantage of the pilot program.
AILA reports that CSC will not take such withdrawn-refiling cases qualified for the pilot program and will not adjudicate such cases concurrently. It appears, though, that such decision may raise a legal question of arbitraniness in administration of adjudication function. It may also raise the issue of "equal" protection and fairness. The agency may create a "class" without permissible legal justification or constitutional basis just as seen in the "Francis" decision. We'll see.
 
I140 approved

RD 5/30/2003
RFE on april 7th
RFE responded around may 7th
approvd on may 12th

mine was a substitution case and 485 has not been filed yet. RFE asked for my indian employers exp. letter and my w2's.

thx a lot to all .Good Luck !!
 
Congratulations I140helppls

Congratulations I140helppls and all the best for your 485 stage. This gives us a lot of hope.

Did you have a USCIS website login to track your 140. If so, did you notice any change in the 'Last updated' field when you received your RFE. What was the time difference between the last updated date and your RFE issued date.

Also, was there any status change in their automated phone system. In my case I have only been hearing that there is a problem in retrieving the case data.

Thanks.
 
re:

Thanks for the wishes.

In my case the last update date was updated every time as it should be (when i got RFE , responded to RFE and when approved - all 3 times ). also the phone system also says the case is approved.
wishing good luck to all !!
 
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