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Documents, Filing, forms, directions and mailing Documents, Filing, forms, directions and mailing

View Poll Results: Are you affected by I-140 processing delays at TSC & NSC?
Yes 118 78.15%
No 33 21.85%
Voters: 151. You may not vote on this poll

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  #1  
Old 08-04-2008, 05:13 PM
lonedesi lonedesi is offline
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Default I-140 Processing delays (Letter to Ombudsman)

In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/sh...ad.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):

1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.

Please feel free to post any questions or clarifications you need before mailing this letter.
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  #2  
Old 08-04-2008, 05:14 PM
lonedesi lonedesi is offline
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Default Letter to TSC pending cases

Letter to be sent for an I-140 petition pending at TSC:

From,
First Name, Last Name
Address,


To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225


Dear Mr. Ombudsman:

Re: I-140 processing delays at TSC for June - August 2007 concurrent petitioners

I submitted I-140 & I-485 petitions concurrently for an employment based green card to TSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that TSC is processing cases filed around July 23 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that TSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting TSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted TSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, TSC has been approving I-140 petitions (filed non-concurrently) and whose PD's are not current.

Also some of the members, who contacted TSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, TSC has been consistently ignoring our petitions.

Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

Lack of I-140 processing for concurrent petitioners has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

I seek your assistance in investigating in this matter with TSC and impress upon the center to complete processing I-140 petitions for the concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

Sincerely,

Last edited by lonedesi; 08-04-2008 at 09:19 PM.
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  #3  
Old 08-04-2008, 05:15 PM
lonedesi lonedesi is offline
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Join Date: Mar 2006
Posts: 218
lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default Letter to NSC pending cases

Letter to be sent for an I-140 petition pending at NSC:

From,
First Name, Last Name
Address,


To,
Citizenship and Immigration Services Ombudsman
Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225


Dear Mr. Ombudsman:

Re: I-140 processing delays at NSC for June - August 2007 non-concurrent petitioners

I submitted an I-140 petition for an employment based green card to NSC during the July 07. I have been waiting for little more than a year now and still there have been no updates on my case. While the processing times on USCIS website shows that NSC is processing cases filed around August 3 2007, we have been consistently observing (on multiple tracker websites online and from friends who recently received their approvals) that NSC has been processing & approving cases filed post August 2007 and some as recent as this year. While people like us are still waiting, people who applied recently are getting approval notices. This fact can be confirmed by Ombudsman's office requesting NSC to provide with the receipt dates for all the I-140 cases approved in the last few months. It's only fair that people who filed earlier are given preference following the FIFO policy of USCIS.

This delay in processing and ignoring our cases at the expense of recently filed cases is causing us undue hardship. Some of members who are in similar situation who contacted NSC have received responses that our cases will not be picked for processing until our priority dates are current. But there are several hundred cases like mine, who have an earlier approved I-140 and have filed a new I-140 petition(based on a new PERM labor) after we joined a new employer and were intending to port our old priority date which is current per the latest visa bulletin. At the same time, NSC has been approving I-140 petitions and whose PD's are not current.

Also some of the members, who contacted NSC, have received responses like "We are waiting for FBI name check to clear before we can process I-140 petition". It is clearly known that there is no need for FBI name check for processing I-140 petitions. Also, now that there is a new memo stating that if FBI name check has been pending over 180 days, then I-485 can be conditionally approved without having to wait for clearance from FBI. In spite of this memo, NSC has been consistently ignoring our petitions.

Some of members who have contacted USCIS Ombudsman regarding this delay have received responses from the Ombudsman's office stating that they are aware of the delays in processing I-140 petitions. But till date, we have not seen any action on part of USCIS to address this issue in-spite of many members raising this issue during Ombudsman's conference calls and sending letters to your office.

Lack of I-140 processing for non-concurrent filers has prevented us from receiving some of the interim benefits (EAD/AP valid for 2 years, possibility of using AC21 in these uncertain economic conditions) that come with an I-140 approval. This has resulted in us applying for EAD/AP's multiple times and paying for expenses associated with it.

I seek your assistance in investigating in this matter with NSC and impress upon the center to complete processing I-140 petitions for the non-concurrently filed cases during July 2007. I also urge you to request USCIS to re-instate the premium processing service for all categories of I-140 petitions with no pre-conditions to qualify.

Please feel free to contact me if you need additional information. I would appreciate your response and assistance in this matter.

Sincerely,

--------------------------------------------------------------------------------------------------------------------



Please post a comment on this thread so that we can track how many members actually participated in this campaign.

Last edited by lonedesi; 08-04-2008 at 09:19 PM.
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  #4  
Old 08-04-2008, 06:36 PM
rajeshalex rajeshalex is offline
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Default

Originally Filed at TSC Jul 07. EB2
XFRD to NSC in Nov 07
No LUD for an year.
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  #5  
Old 08-04-2008, 11:07 PM
lonedesi lonedesi is offline
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Default Bump

^^^^^^
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  #6  
Old 08-05-2008, 09:45 AM
lonedesi lonedesi is offline
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Posts: 218
lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default Now is the time to act

Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.
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  #7  
Old 08-05-2008, 10:47 AM
Raju Raju is offline
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Mar-04
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01/01/2005
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Posts: 307
Raju is on a distinguished road
Default

Quote:
Originally Posted by lonedesi View Post
In continuation to my posting from the previous thread (http://immigrationvoice.org/forum/sh...ad.php?t=20598), I have made some changes to the draft letter based on the comments received from few members. Now I have two versions of the same letters, one for TSC petitioners and other for NSC petitioners. This letter addresses the delay in processing of I-140 petitions at TSC & NSC.
Here are guidelines to mail this letter (pick the letter that corresponds the service center where your I-140 is pending):

1. Please review the corrected draft letters and post any constructive comments on this thread to make it more effective. You can do so until 08/07/2008 (August 7th 2008)
2. Based on the comments and suggestions received, I'll post the final version of the letter to be mailed on this thread on 08/08/2008 (August 8th 2008)
3. Members can then copy/paste the letter onto a word document and then along with completed DHS Form 7001, mail the documents to USCIS Ombudsman's office early next week(08/11/2008 through 08/15/2008). Please note that this form needs to get your employers signature ( or whoever is the petitioner) as we are checking on an I-140 petition.
4. You can find DHS Form 7001 at http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
5. Please make sure, you provide complete and correct information on this form to be mailed to Ombudsman's office. All forms with incomplete and fake names will be ignored by the Ombudsman's office. So please provide the correct information to the Ombudsman's office for them to investigate this issue.
6. Once all the forms and letters reaches the USCIS Ombudsman's office they will need atleast 4 weeks to look into this problem and send you a response. They are obligated to send you a response, since you sent them a completed Form 7001 inquiring about your case.
7. Please post the responses you receive from Ombudsman's office on this thread. Based on the responses we receive, we can compile the responses and then take the next course of action with IV core's guidance.

Please feel free to post any questions or clarifications you need before mailing this letter.
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
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  #8  
Old 08-05-2008, 10:49 AM
soarin3655 soarin3655 is offline
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Priority Date
:
Apr-04
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EB3
I140 Mailed Date
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12/12/2004
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India
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I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Apr 2008
Posts: 15
soarin3655 is infamous around these parts soarin3655 is infamous around these parts soarin3655 is infamous around these parts
Default Changes needed for EB3

LoneDesi:

What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.

Thanks.
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  #9  
Old 08-05-2008, 12:04 PM
diptam diptam is offline
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Mar-05
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I140 Mailed Date
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05/13/2011
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I485 Mailed Date
:
06/29/2007
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Join Date: May 2007
Posts: 935
diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute diptam has a reputation beyond repute
Default I'm working on the 7001 piece...

lonedesi,
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.

Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.

Thanks!
Quote:
Originally Posted by lonedesi View Post
Members, who were complaining about the slow processing of I-140's at TSC & NSC, now is the time to stand up and get counted. Please take the time to review the letter and then mail the DHS Form 7001 along with the letter to USCIS Ombudsman's office.
Members who have already done so, please encourage others suffering from these delays to join this campaign to make it effective. Also, please post on this thread once you have mailed the letters, so that others get motivated to join.
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  #10  
Old 08-05-2008, 12:16 PM
lonedesi lonedesi is offline
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Posts: 218
lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default Yes

Quote:
Originally Posted by Raju View Post
Don't we need the consent of the petitioner (employer)? Please see the line item # 15.
Yes, you will need the consent of your I-140 petitioner (employer) to send this form. So there is no point in sending the form, if you cannot get your employer to sign it. Basically, its an employer petition and hence Ombudsman's office their consent to assist you.
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  #11  
Old 08-05-2008, 12:18 PM
lonedesi lonedesi is offline
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lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default

Quote:
Originally Posted by soarin3655 View Post
LoneDesi:

What changes are needed when sending a letter from an EB3-I point of view?
The processing dates you have mentioned correspond only to EB2.

Thanks.
Just EB2 to EB3 and mention that processing of I-140's has nothing to do with the category you are in. Only at I-485 stage the category is important to obtain a immigrant visa from DOS. So make appropriate changes and feel free to modify the letter to suit your situation.
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  #12  
Old 08-05-2008, 12:20 PM
lonedesi lonedesi is offline
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lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default

Quote:
Originally Posted by diptam View Post
lonedesi,
I saw your post last night and have some changes in mind for the NSC letter. But right now I'm working on having the 7001 piece out from my employer - hope others are doing that as well.

Thanks again for the initiative - Its always better to speak up about your pain rather than remaining silent.

Thanks!
Please feel free to change or modify the letter to suit your situation. Do whatever you need to do, but make sure you mail out the letter & the form soon. Also, encourage others in similar situation to take the time to mail the letters & form soon.
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  #13  
Old 08-05-2008, 01:17 PM
lonedesi lonedesi is offline
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Posts: 218
lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default Bump

^^^^^
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  #14  
Old 08-05-2008, 02:23 PM
lonedesi lonedesi is offline
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Join Date: Mar 2006
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lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default Bump

^^^^^^^^
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  #15  
Old 08-05-2008, 06:04 PM
lonedesi lonedesi is offline
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lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold lonedesi is a splendid one to behold
Default Please join this campaign

If you are one of those who has been waiting for I-140 approvals at TSC or NSC, please join this campaign. Please post a comment on this thread after you have mailed the letter & Form 7001.
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