VSC Expedite request question

T

Tim Willis

Registered Users (C)
I work for a company whose customers include DOD, NASA, DARPA etc. I am a design engineer and the company is unable to assign me to some projects funded by these organizations because of 'ITAR' and other regulations. Our program manager is willing to submit a request to the USCIS asking them to expedite the processing of my I-485 based on the reason that they badly need my expertise and are unable to find a replacement for a new project.

My question is, is this reason valid enough for USCIS to review my case?

Also would any of you folks have a letter format that I can use as a template?

Are there any unforseen cosequences that I need to be aware of when submitting such a request?

Mine is an EB2 case filed with VSC in October 2002.

Thanks

Tim
 
Tim Willis said:
My question is, is this reason valid enough for USCIS to review my case?
Click to expand...

Don't hold your breath. If the DOD, NASA or DARPA write the expedite request then there might be reason for optimism. Your employer? No.
 
is your EB2 is outstanding research or NIW?? thanks

Tim Willis said:
I work for a company whose customers include DOD, NASA, DARPA etc. I am a design engineer and the company is unable to assign me to some projects funded by these organizations because of 'ITAR' and other regulations. Our program manager is willing to submit a request to the USCIS asking them to expedite the processing of my I-485 based on the reason that they badly need my expertise and are unable to find a replacement for a new project.

My question is, is this reason valid enough for USCIS to review my case?

Also would any of you folks have a letter format that I can use as a template?

Are there any unforseen cosequences that I need to be aware of when submitting such a request?

Mine is an EB2 case filed with VSC in October 2002.

Thanks

Tim
Click to expand...
 
Expediting I-485

if USCIS allows you to expedite your case, then it should allow others.. I am sure there are hundreds in the million+ application pool who are anxiously waiting for the answer. I guess you should try it and share it with us all!
 
could get in trouble

Certain orgs have citizen and sec clearence mandatory. for all other purposes GC and H1 or EAD are treated same.
So VSC most probably will not buy this.

As such feb 012 case they are not ready to expedite even though current date is April 17th. I got a deny for expedite request from Lawyer.
 
I guess I will not be sending the expedite request

From your responses, and based on my attorneys opinion, I think I should probably control my urges and not send the request.

Thanks for your inputs folks.

Tim
 
Tim Willis said:
From your responses, and based on my attorneys opinion, I think I should probably control my urges and not send the request.

Thanks for your inputs folks.

Tim
Click to expand...

Hello and good morning! You can still send your expedite request to VSC. Make sure your attorney and company are on board with this. Sometimes, they are not; sometimes USCIS lets the lawyer know and eventually the company know if you do it on your own. it is true that VSC expedite criteria expect a letter from a Government defense agency to consider an expedite request on this basis.
However, you can request on humanatarian or some other reason; Here is the basis: Take a look at your Labor certificate and see the description of your job/duties: Just say then that you cannot work on the approved LC as you need the GC to do all these things on your LC. Say the expectration was/is that a six month processing time would be feasible but this is not the case. So basically to do the "future" job that you were hired, you need the GC because of the ITAR, the Export Control rules and the restrictions put in place for "foreigners" in the workplace; i.e. Defense and/or sensitive technologies companies.

If the expedite request does not work, try writing to the Ombudsman. Be patient as they allow 30-45 days for a possible response from USCIS. CISO@dhs.gov, Prakash.Khatri@dhs.gov. Somebody from his office will send an e-mail back. It may get you a seconf FP if nothing else!

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