Tracking for EB2-NIW with PD Sep 2005 Only

SR Response meaning

Hi,
My SR Response says: "Your case is currently under review. You should receive a decision or notice of other other action within 60 days of the date of this letter".

What does it mean? There is no change in the online case status. It still says pending at center, etc. I had soft LUDs on 09/03 and 09/04 with no message change and nothing since then.

My last SR response exactly 1 yr ago was different: "Your case is pending processing at the USCIS service center at which it was transferred..blah, blah, blah".

So, what does this new SR response mean? Something to be optimistic about?

Thanks.
 
EB2-NIW India TSC PD 09/28/2008 approval today at Trackitt.com

Concurrently filed EB2-NIW India TSC PD 09/28/2008 approval today at Trackitt.com

Call to TS today revealed:

MY FP2 done on 05/07/2008 have expired. They will send FP notice and may take 6 months for it. No visa allocation, case is pending, not in review/with officer. Prior to this I called in July and confirmed many times and they said that FP will be valid through September-08. It is frustrating .

abhuda
 
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hi All,

I feel people who are in 2005 batch have similar FP2 dates and they have expired and hence can not move forward. I got reply from VP's office, Senator, Congressman and it all said the case is ready for approval and will send an email to supervisor. My FP also expired and I got it done last week finally but even after that I don't see any hope for any approval this month and probablly have missed the bus again. lost 2 years now and should prepare month earlier for next chance. I still have to receive a reply from SR opened through customer service. Will keep updated....
 
Hi,
I went for my EAD related Biometrics (FP Code 2) last Friday.

Asked the lady about 485 related FP, saying that it's more than 15 months since my last FP. She said they would send a notice if they want to update it.

What's the trick these days to get them to send out a 485 related FP notice?
But maybe of not much use not anyway.

Thanks.
 
I received a letter from Senator's office, the email response they got from TSC about my case:
Currently our examiners have 2 weeks work load at their desk and there is a 30 day supply of files ready to be assigned to them once they clear their cases out.
A memo surfaced from DOS on 8/21/08 that there was a hold on all 2nd preference for India and China in EB2.
The examiners will preadjudicate the cases they have and send back to the file room for waiting for a visa number.
With October visa bulletin out, it appears that these individuals are already caught in the regression.
Thank you for your inquiry and do not hesitate to contact me.

This was the response/answer. Nothing specific to my case.

My question is : Why USCIS use the labor certification filing date of DOL as a priority date for I 140. The USCIS (DHS) and DOL are different departments. Once the labor certified person files I 140, with USCIS that should give him a priority date and not the DOL labor filing date should become USCIS priority date. Does this make a sense?
 
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yes I did - Friday and Saturday only on our 485 application without message change. Have to watch if its today also...
 
Guys,
Today, got I485 FP notice for me and my wife, need to go to ASC on 10/07/08. I did last code 2 FP in 05/2007, seems that were expired. Read my previous post.

I got these FP notice luckly in 2 week after my phone call to TSC, nice lady officer (IO ?) helped to get FP notice sent out to us.

It appears that time has run out and retrogression will hit on Oct 1, 2008.

Abhuda
 
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Guys only one solution to teach lesson to the USCIS

At least 25 people get united, collect contribution and file a law suit against USCIS for not following FIFO.

1. 2003/2004/2005 PD cases are pending, which are filed more than 2 year ago
2. All security checks are cleared.
3. We have proof that they approved cases with 2006 PD and filed around 2nd July 2007
4. Clear violation of rule

Be united and have advise of Rajiv Khanna.
 
Can you get in touch with Rajiv and see if this is possible? I think USCIS has a clause by which they can escape this rule. I think I saw it on trackitt.com.
Also could you provide your details.
 
I know Immigration Portal (Rajiv Khanna) lost one law suit in 2004. But remember, it was for general delay in I 485 processing. I am not sure argument of "Not following FIFO" will fly or not.

I sent you PM. Please check.

GC_SEP2005 said:
Can you get in touch with Rajiv and see if this is possible? I think USCIS has a clause by which they can escape this rule. I think I saw it on trackitt.com.
Also could you provide your details.
Click to expand...
 
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It is a good idea to talk with Rajiv about EB2-NIW FIFO. We have been waiting from 2003-2005.

There does not seem end to our waiting because of July 2007 fiasco. If unused visa were/will be recaptured, that could give us a relif, who knows when it will happen.

Abhuda
EB2-NIW TSC concurrent 09/2005 (India)
 
The FIFO lawsuit question can be asked to Rajiv today in his free conference call at 2 PM EST today Oct 2, by joining his conference call. Towards the end of conference call, usually he has time to answer a couple of questions that were not posted before the closure of the conference call thread.
Abhuda
 
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I will be in meeting at work hence not able to participate in conference. I appreciate, if some one ask for the Rajiv's opinion during conference.

abhuda said:
The FIFO lawsuit question can be asked to Rajiv today in his free conference call at 2 PM EST today Oct 2, by joining his conference call. Towards the end of conference call, usually he has time to answer a couple of questions that were not posted before the closure of the conference call thread.
Abhuda
Click to expand...
 
khodalmd ,
Same thing with me, we have a weekly meeting between 2.00 to 3.00 pm each Thursday. If the meeting ends early, I may participate in Rajivs call, but the possibility is less, because we have some outside collaborators in the meeting today.
Abhuda
 
Formidable for Old EB2-NIW: WOM is only answer it seems

The highlighted below (in red) has a relation to approval of July 2007 submitted I 485s attached with I 140/PERM EB2 PD after 2005, that is 2006 and 2007. Our files 2003-2005 are in storage at Virginia.--------------------------------------------------------------------------------



Originally Posted by Ron Gotcher View Post
Generally speaking, due to storage space limitations at the service centers, if a file is not going to go to adjudication within 90 days, it is sent to the CIS national storage facility in Virginia. As the time for adjudication approaches, service center personnel will request that the file be sent back to the service center. Once returned, it will go back into the queue of files awaiting adjudication.

Right now, there are a substantial number of combined processing cases that have been sent to Virginia for indefinite storage. These are all of the Indian and Chinese EB second and third preference cases, as well as all worldwide third preference cases that were filed while visa numbers were available, but can’t be closed out because the cut-off dates retrogressed. These files will remain in Virginia until the Visa Bulletin cut-off dates advance beyond the individual priority dates for the files..Holy smokes. I had no idea about this wrinkle. So now when dates move forward for only a month or so before retrogressing again it is possible that you miss the out simply because your file didn't make it back from Virginia??. When TSC IOs tell you that you that "your file is in the file room" - is this what they mean - the Virginia storage facility?

Now without WOM filings, the files are not likely to make to TSC in time, because there will be only 2 month window in 2009 (Aug and Sept) when PDs will be current for EB2 India. Tons of I 485 are pending from July 2007 fiasco.

Abhuda
 
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well this is eactly what happened to cases which were with older PDs. Our files were in VA storage and did not make it to center in time and hence were behind in the line....July 2007 cases were lucky as their files were in center and they got approved. The only thing I see here is that it was USCIS irresponsibility that it did not plan ahead to get the older files to center and STOP processing newer PDs. probably we should be ready with WOM when our dates are going to be current. Most of us who are waiting for position in fed establishments have lost 2 years .......
 
If you file WOM now. USCIS will have have single line answer and your WOM right away gone !!!!

"Priority Date is Not Current"

Only law suit is solution. Plaintiff's attorney ask certain written questions to Defendant well in advance and DOS/USCIS official has to answer on trial. What I understand you need to prove three test to win law suit

1. Defendants owe timely service to plaintiff consistent with law and agreement/contract
2. Defendant failed to provide service and or violated rules of law and/or contract/agreement.
3. Plaintiff suffered loss/damage

Possible Questions which can trap USCIS

1. How many cases you approved with PD 2006 EB2 India and China?
Possible answer : xxxx number
2. How much time USCIS need to completely process case, subject to name check and finger print and security clear. If processing date of particular service center is crossed and one has no RFE, no denial, case is pre-adjudicated and waiting for Visa number?
Possible answer : 12 months without RFE and 15 months with RFE
3. How many cases you have pending with PD 2005/2004/2003 and filed before 15 months (Filed before their official processing time).
4. When visa number available, you approve cases based on PD/ I 485 RD or random?
Possible answer: Based on PD
Why you approved 2006 cases when you have Pre-adjudicated cases of 2003/2004/2005 PD?
Possible answer : Based on I 485 RD
Why you approve cases filed in July 2007 while you have lot of Pre adjudicated case filed in 2004/2005/2006 and have PD current in August/September 2008

I am sure they USCIS will not answer with Random Processing !!!

This will prove Test 1 and 2

Bottom Line:

If old lady can win million $ lawsuit for Hot coffee, why not we? It is clear breaking of law of not following FIFO.

My 2 cent. I am not sure, I am too much aggressive!!!


abhuda said:
Formidable for Old EB2-NIW: WOM is only answer it seems

The highlighted below (in red) has a relation to approval of July 2007 submitted I 485s attached with I 140/PERM EB2 PD after 2005, that is 2006 and 2007. Our files 2003-2005 are in storage at Virginia.--------------------------------------------------------------------------------



Originally Posted by Ron Gotcher View Post
Generally speaking, due to storage space limitations at the service centers, if a file is not going to go to adjudication within 90 days, it is sent to the CIS national storage facility in Virginia. As the time for adjudication approaches, service center personnel will request that the file be sent back to the service center. Once returned, it will go back into the queue of files awaiting adjudication.

Right now, there are a substantial number of combined processing cases that have been sent to Virginia for indefinite storage. These are all of the Indian and Chinese EB second and third preference cases, as well as all worldwide third preference cases that were filed while visa numbers were available, but can’t be closed out because the cut-off dates retrogressed. These files will remain in Virginia until the Visa Bulletin cut-off dates advance beyond the individual priority dates for the files..Holy smokes. I had no idea about this wrinkle. So now when dates move forward for only a month or so before retrogressing again it is possible that you miss the out simply because your file didn't make it back from Virginia??. When TSC IOs tell you that you that "your file is in the file room" - is this what they mean - the Virginia storage facility?

Now without WOM filings, the files are not likely to make to TSC in time, because there will be only 2 month window in 2009 (Aug and Sept) when PDs will be current for EB2 India. Tons of I 485 are pending from July 2007 fiasco.

Abhuda
Click to expand...
 
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Well guys here is the funny part.....I had sent faxes to VP, FL, Senator, Congressman, ombdusman and also raised a SR self. I got almost all expect for FL and ombdusman replies. VP SR said itsready and they have my application in adjunction queue ; senator and congressman office said all looks good and its ready for review and approval, FP needs to be done ; yesterday I get SR reply for my own SR and it says it reqires an additional review (same came for my wife also). It seems like I am stuck for ever now as I could not find any reason why they need additional review. Any one has any idea? The letter said i need to wait for 3 months before I can request another SR. Its getting fustrating and also its very UNFAIR to people who are waiting for long. I plan to have wom when my dates get current and will not wait again like this time for some consideration and hope of fairness.
 
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