140 RD: Dec 30 2004, ND: Jan 11 2005
485 RD: Dec 30 2004, ND: Jan 11 2005
Approved EAD and expires Aug 2006
Approved AP and expires Aug 2006
I had no status on the 140 till Dec 2005 (Way Outside the Processing times published by USCIS), then My lawyer enquired about the 140, they replied that it was sent to appeals unit and that they dont have any jurisdiction. My lawyer replied saying that probably they are looking at a wrong file as that the referenced petition is an original I-140/I-485. It is not an appeal or motion to reopen. There was no I-290B filed with the application. the adjudicator replied that he will check into the cases and see why the file was sent to appeals unit and not to enquire about this case for 3 months. (Basically USCIS made a major mistake on a straight fwd 140-petition, instead of processing it in the service center they sent it to appeals unit and hence no processing on the case.)
After 3 months in March 2006 our lawyer enquired again to see whether they rectified their mistake, however there has been no response from the USCIS adjudicator and my lawyer says the only option left is sue USCIS.
Please advice me what I should do.
- When USCIS makes a blunder by sending a petition to appeals unit for no reason and stops processing it?
- When they are not responding or not pulling it out of the appeals unit and process it within acceptable time frames?
- Now that my EAD/AP is also close to its expiry, How do I renew it?
485 RD: Dec 30 2004, ND: Jan 11 2005
Approved EAD and expires Aug 2006
Approved AP and expires Aug 2006
I had no status on the 140 till Dec 2005 (Way Outside the Processing times published by USCIS), then My lawyer enquired about the 140, they replied that it was sent to appeals unit and that they dont have any jurisdiction. My lawyer replied saying that probably they are looking at a wrong file as that the referenced petition is an original I-140/I-485. It is not an appeal or motion to reopen. There was no I-290B filed with the application. the adjudicator replied that he will check into the cases and see why the file was sent to appeals unit and not to enquire about this case for 3 months. (Basically USCIS made a major mistake on a straight fwd 140-petition, instead of processing it in the service center they sent it to appeals unit and hence no processing on the case.)
After 3 months in March 2006 our lawyer enquired again to see whether they rectified their mistake, however there has been no response from the USCIS adjudicator and my lawyer says the only option left is sue USCIS.
Please advice me what I should do.
- When USCIS makes a blunder by sending a petition to appeals unit for no reason and stops processing it?
- When they are not responding or not pulling it out of the appeals unit and process it within acceptable time frames?
- Now that my EAD/AP is also close to its expiry, How do I renew it?