I-140 pending in AAO more than 32 months

[bsaurav]

Hi All,

I am upset and looking forward for help.

My I -140 was denied by USCIS in oct 2008. SO the company attorney filed in Appeal. The appeal was filed in feb, 2009.

Since then the case is with AAO. AAO published timeline for EB2 (as of dec 2011) is 32 months, Now this is 36th month running and still no result.

What should I do?

[schintala]

You can contact your local congress men through your attorney.

[on_h1b_since_1998]

AAO wait is very frustrating and I have been in it until recently. My case(140-EB3) had been with AAO since Sept. 2008 with no closure in sight. I had my new 140 cleared in Mar. 2010 and interfiled this with my pending 485 from Aug. 2007. USCIS was not approving this 485 even if the underlying 140 changed because of this pending appeal. I waited till Aug. last year(wasted almost 1.5 years) and then withdrew the appeal. I got my 485 cleared within 2 months of appeal withdrawal.

While waiting I just noticed that AAO appeals office was just increasing the timeframe every month by month. It did look like they were not working on any cases. I would suggest that if you have any alternate option please do withdraw the appeal. Do not wait on it.

Regarding congress inquiry I am not sure if that can be done on 140 cases. When I did inquiries on my 485 thru congressman's office and got a response that the pending appeal was holding the 485 action, they informed me that they were unable to check any details with the appeals office. My understanding is that the congessional inquiry cannot go beyond AOS and USCIS but do please check with your attorney if any possibilites.

[bsaurav]

Indeed AAo case is very frustrating.

I filed another PERM in EB2 in 2009 and it got approved. Then I filed I 140 on 2010. USCIS held the decision of the new I 140 case. They said that as there is already a similar case (same employer, same category EB2) pending, hence they cannot decide unless the earlier one is cleared. All on a sudden, they send the new case to AAO. I could not understand the reason of sending it to AAO.

Now I am not sure what should be my next step. Will the withdrawal of the old case with move the new one? What should I do?

[on_h1b_since_1998]

It is a strange development where a pending I-140 is sent to AAO because a prev. similar case was pending with AAO.

I had exactly the same situation but in EB3 category. My prev. 140 was with AAO and I had my second PERM approved and filed for new 140(same category, same employer) and got approved in a month while the 1st 140 was still pending with AAO. Whats your attorney's view?

[bsaurav]

My attorney is not sure if I withdraw the earlier case or not. He is not sure if I withdraw the earlier case, the latest one would be sent back to USCIS for normal processing. I m at a loss as the attorney is not sure what to do..

[bsaurav]

you are lucky that you got approval from AAO. I heard there are 0.1% cases that got approved. were yours I-140 on EB2?

reason of denial is experience . when laor was filed, it was filed in bachelor+ 4.1 yrs under EB2. PERM was approved.

In I-140 stage, uscis send an RFE for more evidence of experience letter. My attorney provided them . but uscis said, the experience in labor and i 140 do not metch. hence they denied the application.

my question will be will it be wiser to withdraw earlier application so that the latter gets approved?

[IneedAllGreen]

bsaurav,

Just like you I have been waiting for my I-140 in AAO. It has been 31 months for me. I am hopeful that I will get favorable decision in my case. I will recommend ask your attorney to contact AILA for your case. If I do not hear from AAO in next 1 month then I will ask my attorney to contact AILA for my case. Hope above help you.

IneedAllGreen

you are lucky that you got approval from AAO. I heard there are 0.1% cases that got approved. were yours I-140 on EB2?

reason of denial is experience . when laor was filed, it was filed in bachelor+ 4.1 yrs under EB2. PERM was approved.

In I-140 stage, uscis send an RFE for more evidence of experience letter. My attorney provided them . but uscis said, the experience in labor and i 140 do not metch. hence they denied the application.

my question will be will it be wiser to withdraw earlier application so that the latter gets approved?

[bsaurav]

On a recent development, my attorney has suggested to withdraw the first case. How long does it take to withdraw an I-140 petition which is in AAO?

[bingoring]

Hi,

My appeal was pending since november 2008. I got a reply back from Aao last week. Just wanted to post so that people may get an idea of the timeframe.. Mine is eb2 india.

Thanks

[IneedAllGreen]

Bsaurav,

I think it takes1-2 months for AAO to withdraw any case. I have read in this forum that someone had done this recently. Sorry to hear that you got to withdraw yourcase from AAO. Good luck with your case and may god with you for this GC process.

Inerdallgreen

[bsaurav]

Bingoring, What kind of response u received from aao ?

I was going though the forum and. Someone wrote the response came about 4 yrs after. I don't want to discourage but aao is very unpredictable.

My attorney send withdrawal letter to aao. Now I am worried what would happen to my latest case. anyone please help .

[bingoring]

Hi,

My appeal got rejected. The AAO decision seems pretty sound. I think they go by the facts of the case to make a decision.

Thanks...

[bsaurav]

generally AAO reject cases or hold till someone withdraws. They do not want to go against the USCIS director.

Thanks IneedAllGreen for providing a timeline. Fingers crossed, AAo withdraws the first case quickly and approves the other case in no time.

[IneedAllGreen]

Now AIALA shows 26 months of delay in processing EB2 cases instead of of 32 months compare to last month intheir AAO processing time sheet.

I know that I can contact my attorney for Service Request from AAO but anything else can I do from my end?

Any input from Murthy's attorney?

Thanks a bunch

IneedallGreen

[Attorney_15]

Success at the AAO is very hard to achieve. In most LC-based I-140 cases, the processing time at the AAO is currently around 35-36 months from when the I-140 is transferred to the AAO. The expedite criteria are applied very strictly and would only apply if could extremely clearly demonstrate how one qualifies for such special treatment.

[bsaurav]

That means my earlier I 140 which was sent to AAO on feb3, 09 should have a result by latest 3rd feb, 12. letz hope that.

As I filed another I 140 on 2010, USCIS sent this one to AAO on 2 jan, 11. Reason being the first I 140 was pending with AAO. USCIS said that they cannot make a decision on the second I 140 because the first one is pending. So they sent it to AAO without making any approvsl/rejection. I did not understand the logic behind sending it ti AAO.

Now my question would be "Does that mean that my second I 140 will take another 36 month from 2jan, 2011"!!!

[IneedAllGreen]

@bsaurav

Have you got response from USCIS or AAO about your I 140? If yes then would you please share with us.

Thanks

Ineedallgreens

[on_h1b_since_1998]

bsaurav,

In about a month's time after you send withdrawal letter to AAO you should see some activity back on your I-140 indicating that USCIS has received the case back from AAO.......The case status should move to Initial Review. Check when this happens and then most likely we can try to figure out what will happed to your 2nd case. Its unique as I have never heard any cases sent to AAO directly by USCIS.

[bsaurav]

Hi everyone

I am glad that along with I you all are putting your effort in my case. I have not heard anything from aao so far. I am eagerly waiting to change the status of both the cases.

One curious question can my employer talk to the aao officer with whom my case is assigned?

[bsaurav]

of feb 13th, AAo has withdrawn my case. AAO has send the second I 140 case to Texas service center. Fingers crossed. I am hoping that the I 140 will be approved.

Can anyone tell me how long it takes to process the I 140?

[mymailbox]

bsaurav,

Just like you I have been waiting for my I-140 in AAO. It has been 31 months for me. I am hopeful that I will get favorable decision in my case. I will recommend ask your attorney to contact AILA for your case. If I do not hear from AAO in next 1 month then I will ask my attorney to contact AILA for my case. Hope above help you.

IneedAllGreen

What is AILA ?? how to contact them ??

My I-140 got denial and this case in AAO since Sep 2011 , need to attach some more supporting documents how to do that please suggest ?

[mymailbox]

My I-140 in EB2 got a denial in Sept 2011 (Mine was I-140 NOT premium one , regular process) ,Got denail bcoz not submitted the right documents in right time. we submitted the I-290B Notice of appeal Or Motion and now got a letter one Dec 2011 that they sent this case to Administrative Appeals office for review .

I would like to add some more supporting document to this case , how I can do that , is there any way I can send them some documents to prove my stands ; is there any contact adddress or number I can or my employer/attorney can send them all these document or create service request..please help ..What should I do now...What is the success rate if case moved to AAO? now going to start an EB3 with same employer and planning to do an PORTING to EB2 with different employer later...please advise..Thanks

[IneedAllGreen]

Mymailbox,

AILA stands for American Immigration Lawyers Association. They can take your plea if you have anything to USCIS or AAO. But to send additional evidence to your appeal case to AAO you do not need to do anything than tell your attorney to send them directly to AAO. we did send additional evidence to AAO last year mailing all docs to WAshington DC. Good luck with your case.

[bsaurav]

AAO is like a black hole. once a case centered into aao, no one knows when it would come out. So i would recommend initiating a new case while a case is pending with aao.