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

By Prospect in Work Visas

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

You are EB1C and, as I mentioned above, this category is expected to be under extended review. Indian EB2/EB3 are filing in this category to overcome the backlog. These forums seem more concentrated on I-130's than I-140's. But see if you can answer these:

1) Is Ireland...

a) ... both, the country of your citizenship and birth?

b) ... country of your only citizenship?

​c) ... country of changeability and not your citizenship?

2) If you didn't answer YES to 1a...

a) Roots in India?

b) Roots in Pakistan?

The "extended review" seems to me to have a lot to do with the above.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

The Texas Service Center is currently processing my category of visa in 4 months.

This info if you got it from USCIS site is useless. According to their description it is literally based on a sample size of ONE application. Therefore it is probably close to the median but far from the average. Your case is too far from the average to be included in their "statistic". Just saying.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Prospect Rookie

Prospect   1

Posted
Filed: Country:
Timeline
  • Author
Posted

You are EB1C and, as I mentioned above, this category is expected to be under extended review. Indian EB2/EB3 are filing in this category to overcome the backlog. These forums seem more concentrated on I-130's than I-140's. But see if you can answer these:

1) Is Ireland...

a) ... both, the country of your citizenship and birth?

b) ... country of your only citizenship?

​c) ... country of changeability and not your citizenship?

2) If you didn't answer YES to 1a...

a) Roots in India?

b) Roots in Pakistan?

The "extended review" seems to me to have a lot to do with the above.

Thank you Randomstairs - Ireland is my only country of citizenship, and my country of birth. I have never lived anywhere else and my parents and family are all Irish. We don't have any other connections with any other country.

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted

Thank you Randomstairs - Ireland is my only country of citizenship, and my country of birth. I have never lived anywhere else and my parents and family are all Irish. We don't have any other connections with any other country.

That's good news then. At least you can be pretty confident that the extended review is not based on background checks (affecting many Iranian and Pakistani EB1C's, from what I can see). You SHOULD contact your congressman at this point. If the extended review is due to security issues then and only then calling your congressman is useless.

Most EB1C fraud is associated with Indian companies so it doesn't seem that that's relevant to you either. The reason I asked about your employer earlier is because of that too.

So unless there is some shady Indian connection to your employer I'm pretty sure your case is being simply neglected. Time to contact your congressman. Tell your lawyer that you are NOT in the security/background review and ask them to reconsider their advice against contacting the congressman.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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  • 11 months later...
goblin Explorer

goblin   26

Posted
Filed: EB-1 Visa Country: Germany
 Timeline
Posted (edited)

http://www.trackitt.com/usa-discussion-forums/i140

Might also be worth to look at. Way more EB1C guys there then any other place.

 

Good luck!

Edited by goblin
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  • 3 weeks later...
Prospect Rookie

Prospect   1

Posted
Filed: Country:
Timeline
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Posted

Hi all. Yesterday we received our first status change on our case since we sent our application in, receipt date March 2015. I received an email notifying me of the following:

 

Notice Explaining USCIS' Actions Was Mailed

On October 25, 2017, we began reviewing your Form I-140, Immigrant Petition for Alien Worker , Receipt Number SRCxxxxxxxxxx. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice by November 8, 2017, please call Customer Service at 1-800-375-5283. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

 

So, finally an update. I would have preferred to receive a notice of "Case Was Approved" or "Request for Further Evidence Issued" but apparently they don't do RFE's very much anymore, this notice has replaced them. 

I kind of stopped opening inquiries etc because there was just no point. Every year our EADs get renewed, every year our drivers licenses get renewed... I gave up waiting and watching. So this email was out of the blue. I don't know what this could mean. But both my employer and I are on high alert, waiting for this letter to see what it says. 

 

Anyone receive a notice like this followed by a decision? (Hoping to hear lots of positive stories!) 

 

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  • 9 months later...
 
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