Finally a response from the USCIS for the I-140 processing delay
Chris B from the USCIS Leadership Journal Team responded to an angry comment by an Anonymous immigrant about the processing delay on the USCIS Director’s blog post on the leaderhip journal.
The comment by the Anonymous user on 9/25 was:
It’s a well known fact that no body pay too much attention to the post here.. If someone had we would have long seen some progress on the I-140 EB3 processing time at NSC.. Which is stuck for ages. I am not sure how to make things clear and drive it into different “acting” directors head that without I-140 people are stuck.. Congress enacted AC21.. but alas useless because of the backlog mess USCIS has created.. There should be a congressinal hearing on usage of money customers have paid to process their application..
Chris responded as follows:
It’s true that we are experiencing backlogs in the I-140 program due to the surge of EB-based adjustment petitions received by USCIS due to the July 2007 Visa Bulletin. We’re processing those I-140s at the same time as the I-485s filed with them. We’ll continue to keep you updated regarding this issue.
Chris B.
USCIS Leadership Journal Team
Another Anonymous person posted in response to this comment:
It is ridiculous to say that the surge in I-140 was due to July VISA bulletin it doesn’t make sense in any way. I-140 can be filed at anytime after the labor gets approved and not dependant on the DOS bulletin.. NSC has been struggling with I-140 Backlog for years and never recovered from it, in 2006 they made a statment to clear it but didn’t get anywhere. Suspension of premium processing was the last nail in the coffin from both USCIS and customer’s standpoint.
There should be some kind of order in the way I-140 EB categories as processed, there is some kind of preferential treatment on some.. TSC has been pretty consistent with it somewhere in 1 month ballpark of each other…
Please do something to get us a relief on I-140 EB3 or fix the AC21 or at least put out a memorandum that clearly states how it needs to be used, which complies with the very purpose enactment.
Yes, that’s what we think here at endlesswait.com as well. The biggest concern is that he said they are processing the I-140’s at the same time as the I-485 filed with it. That’s insane! I-485’s may not get processed in 5+ years for some since the current cut-off date for EB3 is May 2001 and Eb2 is in 2005. So, are they suggesting that the I-140 will also not get processed until then? I always thought that I-140’s are supposed to be processed independently of I-485 without any regard to priority date or the nature of the filing (concurrent/non-concurrent). Are we missing something here?
If you are suffering as a resule of the ridiculous 18 month delay in I-140 processing, use this channel of communication to visit this blog post and express their opinions. It is good to know that someone in the USCIS is reading them and occassionally responding to them as well.
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September 26th, 2008 at 7:35 pm
Just announcing a new website aimed a hispanic immigrants and potential immigrants to the US - primarily how to survive and thrive in America.
September 26th, 2008 at 7:36 pm
Oh yeah, the site is http://spanishfeed.net
September 29th, 2008 at 9:24 am
Last week I received an e-mail from my congressman stating he has been in contact with NSC for my EB-3 case. He’s working on the issue to get just one A# insted of two but what really concerns me is the delay as I explained to him, later he wrote something about the cut-off dates from DOS. So from What the guy at USCIS said about they are processing both 140 and 485 together and the comment from congressman, it seems to me they have forgotten 140 should be processed independently from 485 and visa bulletin dates.
By the way, this morning I Got an e-mail from USCIS ombudsman about the same problem he said he’s addressing this issue with NSC. Let’s see what happen, I’ll keep you all posted.
September 29th, 2008 at 11:40 am
Victor, that’s good news…If the Ombudsman’s office says they will try to address this, then that should help. I still have no response from my Congresswoman..
Perhaps I should write the Ombudsman too. Where did you find their contact info?
September 29th, 2008 at 8:32 pm
The USCIS admits in writing that it is their practice to process and adjudicate different types of cases per priority at a given time.
So does that mean the USCIS admits that it is beyond the rules and regulations set by the law?
September 30th, 2008 at 2:18 pm
I see a few more comments on this post about the I-140 processing delay. I hope more of us will join suit and help for our common cause…
I am amazed that the USCIS has not really tried to do anything about this situation and has not even acknowledged publicly on any of their communication that this is even an issue. Honestly, I couldn’t care less about the credit crisis. To me, the I-140 crisis is a 100 times worse.
October 4th, 2008 at 2:27 pm
i got your problem about I-140. OMG so stressfull
But i’m waiting 12 month for I-130 and K-3 approval
12 month?????????????????????????????????????
October 6th, 2008 at 4:17 pm
lada, I understand your frustration regarding the I-130 wait. I know that families of Permanent Residents face are possibly the worst victims of the current immigration process. I have friends whose wives in other countries have been waiting for YEARS waiting to immigrate. Imagine life for them, living without their spouse because of wrecked immigration laws that make no sense.
I am not really sure where to check for progress or who to talk to. A few things I’d do:
1. Talk to your attorney often and ask them to do their best for you.
2. Write to your congress person.
http://www.endlesswait.com/i140/write-your-congressperson-regarding-the-i-140-processing-delay/
Some more ideas: http://www.endlesswait.com/i140/100-votes-and-counting/
3. Write to the USCIS Director directly on his blog. They do listen sometimes.
I do hope your prayers get answered..
October 6th, 2008 at 9:27 pm
Thank You “endlesswait”.
But i’m a citizen of USA.
I can’t get it , some of the cases get proof in 50-100 days( I’m happy about them, don’t get me wrong )
My case been transfering 2 times from Laguna Niguel to Los Angeles office. I did 3 infopass to talk with officer.
I send a fax. Nothing???!!! The problem is i can’t go and be with my wife. I’m working , study and take care of my mother ( she is really sick , and I’m the only person in this country who can take care of her , my dad left us long time ago )
Sorry about all this story.
I never been in this situation in my life. Thanks again.
November 3rd, 2008 at 2:58 pm
[...] writes regularly. And note the fact that USCIS responded just once in the comments. And that too, provided ambiguous and almost incoorrect information. That’s the state of legal immigration today. How would you like to stand in line in knowing [...]