A feasible solution to EB3 I-140s
I wrote the below comment to DHS’s journal last week. I hope somebody read it. There is a fair solution to this issue, and it is very doable. Here goes my comment:
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Dear Sir,
You see a lot of complaints on EB3 I-140s at NSC. They process EB2s but not EB3s. If they are going to wait for I485 to become current to approve I140, most of us will have to wait 7-8 years to get I140 approved. This doesn’t make sense at all, they are two seperate processes. Apparently, someone made a terrible decision, and evidently, someone has to correct it. On the other hand, the TSC is doing a great job. It’s not fair that people live in some states who can file to TSC get way faster approvals, but we, who had to file to NSC due to our residence state, can’t. What is wrong with living in Ohio?
I am getting paid far lower, almost fifty percent, than people who do the same job. And the reason is I am on H1B. The company knows I can’t leave. The truth is, I don’t want to leave the company, but I just want a fair stake.
Finally, I have a very feasible solution for this EB3 I140 issue. Let applicants, who have waited 12 months after filing I140, file for premium processing. This will be a huge relief, and will be very fair. This way, it is not going to be a huge load on service centers. And this way, people who have suffered a mental depression due to having waited more than a year, will be so happy. Please consider this. This is a very fair and doable request.









October 9th, 2008 at 6:41 am
Not a good solution. When you say you need a fair stake, you shouldn’t be ready to pay extra for premium processing . All you need is quick 140 processing just like EB2 & TSC.
why only EB3 & NSC applications need to pay extra if waited over a year ? we need same processing times like Eb2 & EB3 in TSC….Thats it
October 9th, 2008 at 1:17 pm
Blackpepper, thanks for taking the initiative to post on Endlesswait.com.
Shah, I agree with you on your opinion, there should be no reason to pay USCIS a ransom to get some people off the hook. However, given the crisis-like situation with I-140 processing, a Bailout (premium processing for those waiting 12 months or more) does seem like a fair idea. I figured you would see the analogy to the Govt’s bailout of the banks. There is no doubt that the USCIS needs serious reform to clear backlogs, but this will give some temporary relief to some. Though I was opposed to the $700B bailout, because that meant using my tax dollars to help those that were not prudent. In the promium processing bailout, at least the person getting helped will be paying for it themselves, which is why I’d support it.
However, USCIS made a comment in April when Premium processing was reinstated for a select few 6th year H1-B’s that they need to be very careful in proving premium processing to a limited number of people. I think that means that they are not in favor or such ‘partial’ treatment.
To be honest, NOBODY really knows what they are in favor of, except letting thousands wait helplessly.
October 9th, 2008 at 2:58 pm
Thanks EndlessWait…it doesnt seem logical to have premium processing after one year..In that case why not in the begining as it used ti be
January 5th, 2009 at 4:46 pm
I had filed for my GC in 2002 and currently I am in the EB3 category. I have been in the US for the past 10 years now and out of those 10 years, 7 years have been spent waiting for my I140 being approved(i.e. I485 priority date to be current). What beats me is the utter lack of logic behind companies asking to bump up the limit on the quota of H1B processing or for that matter politicians raising a hue and cry over outsourcing(which is inevitable due to lack of the right personnel for the right job)when they can easily start leveraging the resources from those hundreds and thousands of hard core professionals who are stuck up in the vicious GC cycle for more than 5 years! They can easily start focussing on these cases and put the temporary visas on a hold for a short period. It will be a win win situation for both the deserving companies and candidates and a severe blow for those small companies who thrive on the predicament of the hapless and unfortunate professionals stranded in this bizarre process! Guys, don’t get me wrong…but it seems like America always comes up with ground breaking and earth shattering ideas only to lose the plot somewhere midway. The immigration department does need to do a lot of thinking now and put the best brains in here because that could go a long way in bolstering the ecomomy by having more experienced and qualified professionals in the right kind of jobs and not tire them off and frighten them away.