What's going on?

[pana]

Guys .. I have no clue what's going on there .. seems like they don't have time to see my RFE response so far ... It's getting on my nerves!! ... totally confused ... waited 2 months to include one new publication and 3 new reco letters from outside of USA in the entire supporting docs ... So frustrating

 

[startrek2005]

Try infopass or POJ method, may be it will trigger something somewhere

 

[srmada]

It took almost two months after RFE response!


Hi, I sent my RFE response LUD: 04/10/2007 for EB1 I140 TSC.
Till today there is no response.
When I try POJ technique, they said that the case is with OFFICER.
No Idea for them, Asked to call me after 60 days period is completed...

Hopefully mine is the first case for this much time waiting period...

 

[pana]

called yesterday on the 15 th day of my PP RFE received date. They said I have to wait 60 days even it was on PP!! .. I have no clue what's going on there .. My attorney asking me to keep quite till they made any decision ... if we bug them a lot they are going to send a denial letter in no time ... After receiving any result we will approach for refund ... So frustrating !! anyway I saw in I-140 TSC section of this forum that I am not alone in this type of weired situation in PP case .. let's see !!
good luck to all of us!

 

[EB1today]

Hi pana,

I totally understand how you feel. All we can do at this moment is just wait. You will get your approval soon. I wish you good luck.

EB1today

 

[pana]

Hi pana,

I totally understand how you feel. All we can do at this moment is just wait. You will get your approval soon. I wish you good luck.

EB1today

Thanks for the wish EB1today,

BTW do you guys know that USCIS is not accepting PP for I-140 after 18 th May?

This is what I got from my lawyer

"PP ended abrubtly on May 18th unbeknownest to any of the legal bar, and as a policy decision b/c of the impeding numbers of I140 that will be filed to clear the backlog filings. For clarification, if the package was received after May 18th with the filing fees for pp , USCIS will return the PP fees and process a case in the normal course of business."

Anybody filed recently after 18 th May?

 

[geleya]

I was also wondering about this. Please someone clear this dout. I am thinking to upgrade to PP.
Thanks

 

[lakksh]

PP for I-140 applications

I was also wondering about this. Please someone clear this dout. I am thinking to upgrade to PP.
Thanks

I am surprised to see ur message. I have recently filed I-140 under EB1-EA. However USCIS website does not say anything about termination of PP for I-140 EB1 categorries but it looks they have cancelled PP for those categories requiring labor certification

Below is the information I have copied from USCIS website

USCIS Update May 17, 2007 USCIS TERMINATES PREMIUM PROCESSING SERVICE FOR FORM I-140 PETITIONS REQUESTING LABOR CERTIFICATION SUBSTITUTION WASHINGTON – United States Citizenship and Immigration Services (USCIS) announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution in accordance with 8 CFR 103.2(f)(2). USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the program guidelines.

The Department of Labor (DOL) amended its administrative regulations at 20 CFR part 656 through a final rule, Labor Certification for the Permanent Employment of Aliens in the United States; Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity, published in the Federal Register on May 17, 2007, which will take effect on July 16, 2007. The DOL final rule will eliminate the practice of substituting alien beneficiaries on approved labor certifications filed with USCIS in support of Form I-140 petitions. Amended 20 CFR 656.11 will mandate that the information contained in a labor certification application may not be modified after the labor certification application is filed with DOL. This includes the substitution of alien names on the labor certification. Beginning on July 16, 2007, USCIS will no longer accept Form I-140 petitions that are supported by labor certifications that were approved by DOL for an alien other than the alien beneficiary named on the labor certification application.

Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will issue either an approval notice, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. Due to the volume of Form I-140 petitions that request labor certification substitution that USCIS anticipates will be filed prior to July 16, 2007 (the date upon which labor certification substitution will no longer be available to Form I-140 petitioning employers), USCIS can not reasonably ensure this level of processing service for Form I-140 petitions that request labor certification substitution within 15 calendar days. – USCIS –

 

[pana]

I hope that PP is still there for EB1 ... can anyone confirm ?

geleya and lakksh : If you guys are thinking to upgrade to PP ...I will suggest you to do it as soon as possible ... Law may change anytime and keep us posted .. I saw one post in another thread by renma .. looks like you can't upgrade to PP online anymore ... really strange things happening !! see the quote:

I am trying to efile PP just now to upgrade my I140. But after I choose form I907 and it goes to choosing the 'related form', only 'form I129' is available from the drop down menu, and there is no choice of I140.

But USCIS website doesn't say that efiling is disabled for I140.

I am totally confused...

Any help great appreciated...

 

[lakksh]

I hope that PP is still there for EB1 ... can anyone confirm ?

geleya and lakksh : If you guys are thinking to upgrade to PP ...I will suggest you to do it as soon as possible ... Law may change anytime and keep us posted .. I saw one post in another thread by renma .. looks like you can't upgrade to PP online anymore ... really strange things happening !! see the quote:

I will speak to my lawyer about that. I believe that since USCIS terminated PP for I-140 that needs labor certification they might have disabled the online submission of PP.

Geleya - Its good idea to call USCIS to see what they say..may be they ask us to submit paper request for PP.

 

[geleya]

lakksh,
Thank you. I went through the website information again and it is very clear what you said. Are you upgrading to PP?. I want to upgrade to premium by paper form since we can not do I907 electronically for I140 (now it is only I129). I am upgrading because from July 30th I have to pay huge amount of money. If I get the approval by PP (by chance), I can submit all other documents before July 30th. What do you think!!

 

[lakksh]

lakksh,
Thank you. I went through the website information again and it is very clear what you said. Are you upgrading to PP?. I want to upgrade to premium by paper form since we can not do I907 electronically for I140 (now it is only I129). I am upgrading because from July 30th I have to pay huge amount of money. If I get the approval by PP (by chance), I can submit all other documents before July 30th. What do you think!!

Geleya:

I have just sent my documents yesterday and my lawyer does not want to go for PP because in most cases in brings RFE. Moreover I am just applying for my J-1 waiver to DOS in 2 weeks time so it would take until October to get full waiver from both DOS and USCIS. There is no point in upgrading to PP right now.

Reg new cost from 3oth July its 1050 dollars for I-485, AP and EAD all together (its around 650-700 now if u apply all three separately).

Look at the other threads - where people have upgraded to PP and no response from TSC even after replying to RFE for 30-60 days. May be they are busy with EB3/EB2 I-485 applications because of recent move in PD dates.

 

[geleya]

lakksh,
Thank you for the reply. You are correct regarding other people who upgraded to PP are not getting immediate response and also RFE people are getting delayed.
Eventhough I already submitted I140, can I submit I485, EAD and other applications to re-link to my submitted I140 petition!!.

I hope you got your extension before applying to J-1 waiver. I also gone through that step before.
Thanks

 

[lakksh]

lakksh,
Thank you for the reply. You are correct regarding other people who upgraded to PP are not getting immediate response and also RFE people are getting delayed.
Eventhough I already submitted I140, can I submit I485, EAD and other applications to re-link to my submitted I140 petition!!.

I hope you got your extension before applying to J-1 waiver. I also gone through that step before.
Thanks

Geleya: Yes you can submit I-485, AP and EAD application provided if visas for your country is available. for EB1-EA visas are available for most countries and it saves extra time while waiting for the outcome of I-140.

I have extended my J-1 to March 2008 and hopefully i will get it done before that.

Die u self file the petiotion or thro a lawyer. Well you can upgrade to PP - time to get approval differs from case to case.

Good luck

 

[geleya]

Thank you. I will work on my other applications (I485 etc) meanwhile waiting for I140 as u suggested and I was also thinking in that direction.
Do you know anyone who filed I485 etc while waiting for I140.
I did self petition (both EB2 which is approved last year and recent EB1-I140). You have another year until J1 expires. Dont worry anyway you can extend to H1B if in case anything happens.
Thanks