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Here is what the Oh Law Firm says:
Updated 07/27/01: Good News for INS Frontlog Problem
People have been nervous about not receiving the Receipt Notices for various types of cases that even go back as early as April, 2001. Recently, people have been receiving receipt notices for certain cases such as I-129 nonimmigrant cases, I-765 EAD applications, etc., but not I-140 and 485 cases which were filed months back. Besides, when it comes to I-140 filings, the cases which are filed during the last week and afterwards were receiving receipt notices, but not the cases which were filed months ago.
Here is what is going on. As reported in May on this web site, the Service Centers faced a serious frontlog problem because of the two reasons: First was the flood of 245(i) cases, mostly family-based immigrant petitions. Secondly and most importantly, the INS was scheduled to have a new contractor that handles mail-room and data-entry duties, but the INS was tangled with the dispute with the old contractor which reportedly even developed into a court battle. These two factors led the Service Centers into a "truely" emergency, mails being piled boxes after boxes without being opened. To deal with the emergency, the Service Centers mobilized the officers to handle mail-room duties and data entries.
Now, the teleconference of AILA with the INS HQ on July 19, 2001gives people a good news. It indicates that the new contractor began work at the Service Centers, and over the last two weeks has made noticeable inroads in the frontlog. Most cases are now awaiting data entry, which means that receipts may not have been issued yet on some cases dating back to the 245(i) deluge in April. INS has no estimate yet on when the frontlog, which still consists of about 700,000 cases, will be caught up, but notes that it is giving highest priority to time sensitive cases (such as I-129s) and cases involving EADs. It is likely that once the frontlog is caught up, the backed-up cases will then become part of an expanding backlog in adjudications.
This answers the questions why so many I-140 cases which were filed even in April have yet to receive the Receipt Notices. Apparently, I-140 cases are not considered a priority case. Some recently filed I-140 cases received the Receipt Notices apparently because the new contractor started opening the incoming mails. It is thus apparent that the old I-140 filers need to maintain some patience. Some old filers have been refiling I-140 to take advantage of the situation, but it will turn the frontlog situation worse and the INS may not tolerate it. It may be painful, but we need some patience here.
The 245(i) last minute filers are particularly concerned about whether their cases are considered "filed" before the end of April since their last minute filings have yet to be acknolwedged by the Service Centers in the form of Receipt Notice. But the INS confirms that the mails have been stored such that the physical receipt evidence is preserved. There may be some problem cases, but people should not worry too much about the unusual circumstance.
