I140 remains pending after 17 months - what can I do? TSC.

[Prospect 1]

Hi everyone,

Looking for some advice as to what I can do next. My situation - L1 visa holder, my company applied for I140 Immigrant Petition for Alien Worker (multinational exec level) for me in March 2015. We also filed I485 applications to file them concurrently, for myself and my spouse and 2 x Irish born dependant children (L2 holders).

I140 Application Timeline:

March 30^th2015 – Case received in Texas Service Center (TSC)

Case enquiries / service requests:

January 20^th 2016 - Under extended review. Enquiry closed. +296 days

March 18^th 2016 – Not applicant so no info given (we used my name instead of my bosses, our mistake). Enquiry closed. +354 days.

April 22^nd 2016 – Under extended review. Enquiry closed. +389 days.

May 26^th 2016 – Under extended review. Enquiry closed. +423 days.

June 16^th 2016 – Request for expedition refused. Request closed. +444 days.

July 14^th 2016 – Under extended review. Enquiry closed. +472 days.

The processing times for my type of case are running at just a few months. Every time we call, the representative expresses huge shock at the fact that we are waiting so long without so much as an RFE to show that the case is actively being looked at. They open a new enquiry and several days later, I receive a notice indicating that "We have received your service request and researched the status of your case. Our system indicates that your case is currently under extended review and this has caused a delay in processing time. We do not require any actions from you at this time."

What can I do at this point? I feel like we are going around in circles. My colleague's file, exact same situation, went to Nebraska at same time and she has had a green card since March of this year, a one year turn around. I can't even get past the I140 barrier. Our I485 applications must be out of date now, our medicals are more than 18 months old, we did Biometrics back in April 2015.

Our EAD's have been renewed in June and are valid through June 2017 so we are both legally working away, thank goodness. Drivers licenses all good through July 2017. We recently changed the addresses on our I485 applications as we moved house. We've had another child since moving here, but she does not require any paperwork.

I feel that my case has been forgotten about / put aside and I don't know how to go about triggering an action on it - obviously case enquiries do not make any difference. Yet someone is opening it, deciding it's under "extended review" and closing my enquiry without any other action. Someone updated all our addresses on our I485's. Someone issued us with new EAD's. So why is the I140 stuck and not moving? No RFE. No change in status since "Your Case Was Received".

Thanks in advance for any insight / advice.

[teeak 224]

Have you tried getting your state's congressman or US state senator involved? They usually have an immigration liaison in their office who is designated to inquire with USCIS with regards to immigration cases. Many times they are able to obtain more information and insight as to the issues. I'd suggest contacting the political official through their website.

Since it looks like you're located in CA:

http://www.feinstein.senate.gov/public/index.cfm/casework

https://www.boxer.senate.gov/?p=agencyform

Edited August 11, 2016 by teeak

[Prospect 1]

Thank you Teeak! I think it is time to go down that route for sure. The case enquiries are going nowhere.

Was also thinking about setting up an Infopass appointment. But is that just a glorified case enquiry? Don't want to drag my boss and I all the way down to San Francisco for an appointment if it's not going to do anything more than open a new case enquiry which I already know can be done over the phone.

[teeak 224]

Thank you Teeak! I think it is time to go down that route for sure. The case enquiries are going nowhere.

Was also thinking about setting up an Infopass appointment. But is that just a glorified case enquiry? Don't want to drag my boss and I all the way down to San Francisco for an appointment if it's not going to do anything more than open a new case enquiry which I already know can be done over the phone.

Most likely, they'll just open up an inquiry into your case but if you get a nice officer, they may give you details about the case and possibly even remedy the delay, so it may or may not be worth it.

[jan22 3,056]

Where is your company's immigration lawyer in all of this?

[Prospect 1]

Where is your company's immigration lawyer in all of this?

Not particularly helpful I'm afraid. Advising us to be patient. Which I respect, but also feel that's easier said than done. I feel like our lives are on hold until this gets resolved, very hard to plan ahead and we are in a limbo. I guess I could ask if we could talk to another attorney.

The immigration lawyer we have worked with to prepare our applications is not employed with us, we are not big enough to have someone working on this full time. The arrangement was on a consultancy basis only.

[randomstairs 303]

They are scrutinizing EB1C now due to serious abuse (it's the new "H-1B" crisis allover again). Which company? Have you tried EB2 instead? If you're from ROW then EB1C may not be a very good option at all. File for EB2 instead. It can be very fast and does not interfere with your pending petition.

[Prospect 1]

Updating to say that there is still no change. I140 still stuck at "Case received" after 18 months and after 7 service requests (5 at Tier 1, 2 at Tier 2) we are still being told the case is under extended review. Seems to be the case is permanently stuck at extended review and there is nothing more we can do to escalate it / expedite it.

My personal fear is that my application has been lost. The Tier 2 officer yesterday assured us this was not the case but how else can we explain the complete lack of movement? No RFE's. no nothing. Just everytime "Your case is under extended review and we do not require any further action from you at this time".

The Texas Service Center is currently processing my category of visa in 4 months. I've been waiting 18.

Attorney advising not to contact senators but I don't think we have a choice? Any thoughts on this?

[GeorgeH 8]

Why don't you upgrade to premium processing and get a decision within 15 days?

[Prospect 1]

Why don't you upgrade to premium processing and get a decision within 15 days?

We've been advised that USCIS that will not make any difference, the case is now stuck at extended review status and upgrading to premium processing would not change that. We've been told that on least two separate occasions by USCIS unfortunately.

October 4th and still no word. Nothing. No change of any kind.

[Boiler 45,525]

Seems that the issue may be in the strategy being used and the competency of the Employers Lawyer.

[Prospect 1]

Seems that the issue may be in the strategy being used and the competency of the Employers Lawyer.

We are referring to another immigration attorney and I should hear back on that by end of this week. So a new legal opinion will be most welcome.

What do you mean by strategy being used, can you elaborate on this? I appreciate any advice or information! Other than opening case enquiries I just don't know what else my employer can do - there doesn't appear to be another way to break through the wall? We've tried both calling and online enquiries. The last phonecall was transferred to a Tier 2 officer and I was most hopeful that finally something was being done. But, the response came back with the exact same wording:

“We have received your service request and researched the status of your case. Our system indicates that your case is currently under extended review and this has caused a delay in processing time. We do not require any actions from you at this time.”

In March my husband and I will apply to renew our EAD's (I765s), again. Right now we are good to work through June 2017. We will renew in the spring to extend for another year. Drivers licenses etc will all expire next summer but when we have the new EAD's we will get those renewed too. I just never thought we would ever be waiting this long or that renewing again could be a possibility.

TSC are showing a 4 month processing time for my visa type on the USCIS website. I read on another forum of someone who had to wait 4 years for I140 approval and it transpired their file was in a storage unit in TSC, untouched. Like me, this person was opening case enquiries periodically and getting same response as I am. Then suddenly one day, without so much as an RFE, his I140 was approved, after 4 years pending! How can this happen? I would welcome an RFE at this point, because it would show that someone actually looked at my case.

[Boiler 45,525]

I know people on a L and have adjusted but always has been something the Employer/Lawyer has dealt with. As was mentioned earlier a competent lawyer would exam the totality of the case, may be more than one option.

Now the Lawyer's responsibility is to the Employer, not you, this can be an issue.

[Prospect 1]

I know people on a L and have adjusted but always has been something the Employer/Lawyer has dealt with. As was mentioned earlier a competent lawyer would exam the totality of the case, may be more than one option.

Now the Lawyer's responsibility is to the Employer, not you, this can be an issue.

Thank you Boiler. We are going to meet with a new immigration lawyer to get a fresh opinion on things and will update after that. I appreciate the answers. So many people on these forums but my case seems to be quite different and so far I haven't come across anyone who is waiting like this in recent times.

[Boiler 45,525]

Try posting on britishexpats.com

Edited October 6, 2016 by Boiler