Follow the Logic

[kcnca 1]

See if you can follow the logic, this may be a bit log so I apologize in advance

Called USCIS on March 1 after reaching 5 month mark a service request was entered and below is part of the response in the e-mail which took 15 days to receive

" The status of this service request is:

Processing times for specific petitions at the Vermont Service Center (VSC) are provided on the www.uscis.gov website and are updated weekly. Based on fluctuations and variables that impact the processing times and for the purpose of interim or final adjudicative processing, the VSC allows 30 days beyond the posted date before the case is considered "Outside of Normal Processing Time" (ONPT).

An additional 30 days must be allowed for adjudicative review and processing before we can request expeditious processing based on an ONPT request. If the petition is still pending after 30 days, and once we receive your formal request for expeditious processing, your case will be forwarded to the applicable adjudicative unit for expeditious handling."

So Notice that it states "VSC allows 30 days beyond the posted date before the case is considered "Outside of Normal Processing Time" (ONPT)"

Today I hit the 6 month mark which is 30 days past the 5 month approximate processing time

Also notice that it states the second paragraph "An additional 30 days must be allowed for adjudicative review" (Today is 30 days past 5 months )

It also says " before we can request expeditious processing based on an ONPT request" ( So it seems I should be able to ask for expedited processing because I would be ONPT starting today/tomorrow)

So I called and spoke to an agent today and I asked about putting a request to expedite my petition based on ONPT and the agent told me I was not out of the normal processing time and she could not put in the request, She stated that they are processing Sept 11 date to which I asked how I was not out side the Normal Processing time and she kept repeating they are processing Sept 11 date later she said that my petition date would have to have been before Sept 11 to be out side the normal processing time.

So following the logic here it really does not matter when you submit your petition as the USCIS is on time that time is what ever time they are processing it does not matter if the estimated processing time 5 months, you are not past that according to them. So I pushed it a bit and asked for tier 2 officer

I Asked to talk to a Tier 2 officer and went through the above response from them and that I was 30 days past Normal Processing and I wanted to ask for an expedite of my petition based on ONPT

She then tried to go down the path of the other reasons for asking for an expedite and I explained what the previous service request response stated and she said that she would put in the request but doubted it would be expedited and mentioned something about a adjudicator ( also note she did not refuse or deny me the request and actually based on the brief conversation she seemed to not really have any issues with my request once I presented my case and pointed out the beyond the posted date information)

Afterwards I asked if my petition had been assigned to an adjudicator and she said vaguely that she believed it was being worked on

So if you follow the logic no matter when you sent your petition in or received a NOA1 according to the first agent I spoke to you are not out side of normal processing time till they are past the date you received your NOA1 if you go by that logic depending how far behind the USCIS is in processing you could be waiting for any number of months for an approval

I think that I got the expedite request because of the previous response I received which stated about the posted date which I would take it as the NOA1 date which is what I think we all believe to be the start of our wait time

Anyway it was pleasant call both the Agent and Tier 2 officer were very nice, but I didn't leave the call with a great feeling that anything would happen anytime soon.

[Sergi9 110]

See if you can follow the logic, this may be a bit log so I apologize in advance

Called USCIS on March 1 after reaching 5 month mark a service request was entered and below is part of the response in the e-mail which took 15 days to receive

" The status of this service request is:

Processing times for specific petitions at the Vermont Service Center (VSC) are provided on the www.uscis.gov website and are updated weekly. Based on fluctuations and variables that impact the processing times and for the purpose of interim or final adjudicative processing, the VSC allows 30 days beyond the posted date before the case is considered "Outside of Normal Processing Time" (ONPT).

An additional 30 days must be allowed for adjudicative review and processing before we can request expeditious processing based on an ONPT request. If the petition is still pending after 30 days, and once we receive your formal request for expeditious processing, your case will be forwarded to the applicable adjudicative unit for expeditious handling."

So Notice that it states "VSC allows 30 days beyond the posted date before the case is considered "Outside of Normal Processing Time" (ONPT)"

Today I hit the 6 month mark which is 30 days past the 5 month approximate processing time

Also notice that it states the second paragraph "An additional 30 days must be allowed for adjudicative review" (Today is 30 days past 5 months )

It also says " before we can request expeditious processing based on an ONPT request" ( So it seems I should be able to ask for expedited processing because I would be ONPT starting today/tomorrow)

So I called and spoke to an agent today and I asked about putting a request to expedite my petition based on ONPT and the agent told me I was not out of the normal processing time and she could not put in the request, She stated that they are processing Sept 11 date to which I asked how I was not out side the Normal Processing time and she kept repeating they are processing Sept 11 date later she said that my petition date would have to have been before Sept 11 to be out side the normal processing time.

So following the logic here it really does not matter when you submit your petition as the USCIS is on time that time is what ever time they are processing it does not matter if the estimated processing time 5 months, you are not past that according to them. So I pushed it a bit and asked for tier 2 officer

I Asked to talk to a Tier 2 officer and went through the above response from them and that I was 30 days past Normal Processing and I wanted to ask for an expedite of my petition based on ONPT

She then tried to go down the path of the other reasons for asking for an expedite and I explained what the previous service request response stated and she said that she would put in the request but doubted it would be expedited and mentioned something about a adjudicator ( also note she did not refuse or deny me the request and actually based on the brief conversation she seemed to not really have any issues with my request once I presented my case and pointed out the beyond the posted date information)

Afterwards I asked if my petition had been assigned to an adjudicator and she said vaguely that she believed it was being worked on

So if you follow the logic no matter when you sent your petition in or received a NOA1 according to the first agent I spoke to you are not out side of normal processing time till they are past the date you received your NOA1 if you go by that logic depending how far behind the USCIS is in processing you could be waiting for any number of months for an approval

I think that I got the expedite request because of the previous response I received which stated about the posted date which I would take it as the NOA1 date which is what I think we all believe to be the start of our wait time

Anyway it was pleasant call both the Agent and Tier 2 officer were very nice, but I didn't leave the call with a great feeling that anything would happen anytime soon.

Logic if you can call anything logical with USCIS is at 3/29 you hit 6 months. According to the operator they are working on cases from early September. So the "new" normal 6 months, the website simply has not caught up with this reality. So your case is NOT outside normal processing times. In fact they add thirty days to the 6 months so it would not be ONPT until 4/29 by thier "logic". It looks like they also tack on another 30 days for adjudicative review.

If there is hundreds or thousands of cases filed before you, then the operator is correct it would not be appropriate to issue an expedite request to pull you ahead of those who have been waiting longer.

To break it down to the most simple terms, unless they were processing cases dated say 10-29-2010 then you would be 30 days outside normal processing times.

So not to worry you are getting close to adjudication. Good luck

[kcnca 1]

Logic if you can call anything logical with USCIS is at 3/29 you hit 6 months. According to the operator they are working on cases from early September. So the "new" normal 6 months, the website simply has not caught up with this reality. So your case is NOT outside normal processing times. In fact they add thirty days to the 6 months so it would not be ONPT until 4/29 by thier "logic". It looks like they also tack on another 30 days for adjudicative review.

If there is hundreds or thousands of cases filed before you, then the operator is correct it would not be appropriate to issue an expedite request to pull you ahead of those who have been waiting longer.

To break it down to the most simple terms, unless they were processing cases dated say 10-29-2010 then you would be 30 days outside normal processing times.

So not to worry you are getting close to adjudication. Good luck

Their own documentation states that you can request expedited processing when outside of the normal processing times if you don't ask for it you cant get it, if you are following their own rules, then you are just using the system that is what is there for! Do I like it not really, but if I don't use it then it does me no good.

I'm just following their rules, then I'm not jumping ahead of anyone else who has reached the time which puts them ONPT they can do the same.