PDA

View Full Version : Strange I 140 Premium processing - Everyday I get different status


Murthy_Ram
08-01-2009, 12:06 PM
Hi:

I have applied for I 140 in July 2007 and my case is pending from more than 2 years(Labor substitution). I have changed from regular to premium processing last week and from past 3 days I am getting different update on my case.

I thought that day # 2 status is maintained by USCIS until we respond to RFC. Why did my case status change to "case received and pending" after RFC?. Can any one please explain.

It is really strange that everyday I am getting different updates... Please find the details below:

1) On 07/28/2009 I got following email stating

Current Status: Request for Premium Processing

Your Request for Premium Processing Service for your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on July 28, 2009. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete You can use our processing dates to estimate when this case will be done. Follow the link below for current processing dates.

2) On 07/29/2009 - Current Status: Request for Additional Evidence Sent

On July 29, 2009, we mailed a notice requesting additional evidence or information in this case I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.

3) on 07/30/2009 - Current Status: Case received and pending.

On July 29, 2009, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER and we e-mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Anybody had similar experience?.

Thanks,

sunny1000
08-02-2009, 10:14 PM
Hi:

I have applied for I 140 in July 2007 and my case is pending from more than 2 years(Labor substitution). I have changed from regular to premium processing last week and from past 3 days I am getting different update on my case.

I thought that day # 2 status is maintained by USCIS until we respond to RFC. Why did my case status change to "case received and pending" after RFC?. Can any one please explain.

It is really strange that everyday I am getting different updates... Please find the details below:

1) On 07/28/2009 I got following email stating

Current Status: Request for Premium Processing

Your Request for Premium Processing Service for your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on July 28, 2009. We mailed you a receipt with information about processing. We will mail you a decision as soon as processing is complete You can use our processing dates to estimate when this case will be done. Follow the link below for current processing dates.

2) On 07/29/2009 - Current Status: Request for Additional Evidence Sent

On July 29, 2009, we mailed a notice requesting additional evidence or information in this case I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.

3) on 07/30/2009 - Current Status: Case received and pending.

On July 29, 2009, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER and we e-mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Anybody had similar experience?.

Thanks,

labor substitution cases don't qualify for Premium processing, as far as I know. So, they must have put your application back on the regular queue.

Murthy_Ram
08-03-2009, 12:59 AM
Sunny1000...What you said is not correct. There are so many cases who did premium processing for labor substitutions and got green cards also.

sunny1000
08-03-2009, 01:59 AM
Sunny1000...What you said is not correct. There are so many cases who did premium processing for labor substitutions and got green cards also.

I am correct. Get your facts straight.

Here is the link to the USCIS site:

USCIS - How Do I Use the Premium Processing Service? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Here is the portion which clearly states that labor substitutions are not allowed:

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. USCIS will accept Form I-907, Request for Premium Processing Service, either together with the Form I-140 petition or after the filing of the Form I-140 petition through the mail only. E-filing the Form I-907 will not be available. To facilitate USCIS' determination of whether a particular filing meets the conditions of availability for the service, see 8 CFR 103.2(f)(2).
Form I-907 premium processing service requests may be rejected if the filing fails to clearly establish the conditions of availability and/or is:
Incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition;
Premium Processing Service is available for the select category of cases noted above for the Form I-140 classifications indicated on the chart above provided that the case does not involve:
A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
Labor certification substitution requests;
Duplicate Labor certification requests (i.e., cases filed without an original labor certification from the Department of Labor), and;
A Form I-140 petition in which a final decision has been made.
USCIS is prescribing these additional conditions of availablility on Premium Processing for Form I-140 because of their special processing requirements, including locating and transferring other files or documents internally and requesting initial evidence from an outside agency, that make it difficult for USCIS to guarantee that it will process the case within a 15 calendar day period.

adhantari
08-03-2009, 10:44 AM
how much did you pay for LS?

Murthy_Ram
08-03-2009, 01:13 PM
I just got a copy of RFE. My company had offices in 2 locations one in South Dakota and other in New Jersy. But they have closed South Dakota office 2 years back. The RFE says that.

"The petition and LC indicates that alian's proposd worksite is petitioner's office in South Dakota. Please submit copies of Employers Qty federal tax return and State unemployment Compensation Report form for all quarters in 2008 and 2009."

But my company had closed South Dakota office 2 years back. I am reporting in New Jersy office. How can we deal with this?. Any inputs?.

adhantari
08-03-2009, 01:42 PM
just reply that this office is closed.....? BTW how much did you pay for LS. I know people paid 20-30K????????

adhantari
08-03-2009, 02:46 PM
it looks like many labor sub people hang around on IV site. :D

adhantari
08-03-2009, 03:14 PM
Are you a troll? Your profile is also looking fake to me.

Just because you could not get a LC you are criticizing people who could get it and are ahead of you. Poor you.

If you had a chance you would have also got one.

is as genuine as yours. So how much did you pay? I am not against LS. There are genuine cases where it is needed. But people like you when they buy it I am against those..... :mad:

dontcareanymore
08-03-2009, 05:44 PM
I just got a copy of RFE. My company had offices in 2 locations one in South Dakota and other in New Jersy. But they have closed South Dakota office 2 years back. The RFE says that.

"The petition and LC indicates that alian's proposd worksite is petitioner's office in South Dakota. Please submit copies of Employers Qty federal tax return and State unemployment Compensation Report form for all quarters in 2008 and 2009."

But my company had closed South Dakota office 2 years back. I am reporting in New Jersy office. How can we deal with this?. Any inputs?.

The labor substitution cases are being heavily scrutinized now. If I have to guess, your PD is prior to 2005 , right ?

Most desi consulting companies opened skeletal shops in SD (prior to perm) to get faster labor clearance. Closed the shops after introduction of perm and when INS started asking for details about the employees at each location etc... (I am not sure whether your company is a desi bodyshop).

If that is the case, your case may be in trouble. The labor market may have been tested in SD market. If your company can't substantiate that claim your case may be in jeopardy. I am not saying this to scare you. You may be prepared to address the outcome. What was RFE for ?

Ramba
08-03-2009, 06:26 PM
The labor substitution cases are being heavily scrutinized now. If I have to guess, your PD is prior to 2005 , right ?

Most desi consulting companies opened skeletal shops in SD (prior to perm) to get faster labor clearance. Closed the shops after introduction of perm and when INS started asking for details about the employees at each location etc... (I am not sure whether your company is a desi bodyshop).

If that is the case, your case may be in trouble. The labor market may have been tested in SD market. If your company can't substantiate that claim your case may be in jeopardy. I am not saying this to scare you. You may be prepared to address the outcome. What was RFE for ?

Exatly right. Most of the LS falls in this kind of abuse, particularly IT consulting companies. If the job is in particular state, then the labor market should be tested in that state. Therefore, the job offer for the employee at that particular location (where labor market test were made) should be available for him/her throughout the GC process, unless the employee changes the job using AC21. Therefore, the job offer from particular location MUST be available till 140 approval as well as atleast 6 months after filing 485.

Ramba
08-03-2009, 07:11 PM
wrong. So the Labor certification was done for SD. Wage determination and everything else(ads)
were for SD. Now the office is closed so the Position is not there anymore. That invalidates requirement for Permanent position. If office is moved then new labor Certification needs to be filed suited to new location......

Correct. This is true for both regular as well as LC sub. The entire GC process is location specific, atleast till AC21 stage. Otherwise, abusers will test the labor market in Alaske for the job in Manhantan NY.

Murthy_Ram
08-04-2009, 01:26 PM
Can any one please provide solution/answer for my RFE rather than commenting?.

dontcareanymore
08-04-2009, 04:22 PM
Can any one please provide solution/answer for my RFE rather than commenting?.

The following is just my opinion. I am not a lawyer. Your immigration lawyer is your best guide in this case...

The answer would be to furnish the details they asked for. Since there is no office in SD anymore you would answer that they office was shut down.

Sorry to break this , but you might get another RFE or intent to deny since the position was advertised for SD and your company no longer operates there. It looks like they already knew that your company does not have office there...

Labor substitution cases especially where the company is not operating there any more are tough to defend. But miracles (or more accurately screw ups ) happened before. Try your luck....