I-140 pending in AAO more than 32 months

[IneedAllGreen]

Just so everyone know that I have contacted local senators office to help me in timely process appeal for my I 140 filed at AAO. Mine is EB2 case and I have been waiting from last 32 months for AAO's decision. AILA shows only 24 months of waiting for EB2 case. Keeping my fingers cross this time. Good luck for rest of the people.

[on_h1b_since_1998]

IneedAllGreen,

I do not mean to discourage you but please do look for other possible avenues while the senator's office is working on it. I have been in this situation and I had approached the local congressman's office but they said the AAO's are out of their scope. Technically I-140 is still an employer's case so there may be limitations to doing inquiry's even with USCIS thru senator/congressman office. The way I know it is only AOS cases can be inquired by their office because it is termed as your case.

Again I am just putting forward my experience and hope it is no more the case and the senator's office is able to help you and many others who are stuck in AAO.

Good Luck.

[IneedAllGreen]

Last when I contacted my area Senator he was able to get information from AAO. Since that time AAO Processing was showing more months than I waited to get my case approve. AAO suggested Senators office to give them reason to process my case right a way meaning showing emergency. I did not had any urgency to show to AAO in order to process my case so I kept quiet.

This time all I m requesting Senator's office is to process my case based on AAO process Time report. I got response last week that AAO wants "Privacy act releasesd form" signed by employer. So I am working on that Front.

[bsaurav]

after I withdraw the earlier case, things seem to be moving forward. The new case has been to texas service center. now i see the status changed to initial review. I have send PP notice to USCIS because not sure how long they will take to come to a conclusion.

In the approved labor my employer have shown 4.1 years of past experience and 2 years of experience in the current company. The labor is in approved state. The new I-140, which is currently under process, has got the same experience shown under EB2 category.

I hope USCIS will approve the case in EB2 category.

Dear attorney, can you throw some light on it?

[IneedAllGreen]

Bsaurav

Good luck with your new I-140 application.

[bsaurav]

Today I got an update that my employer has submitted response to RFE. USICIS updated the case status to rfe response review..

On Month date, 2012, we received your response to our request for evidence. This case is being processed at our TEXAS SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response

For premium processing also do they take that long (60 days)?

[londontown]

Here is my story:

My EB3 140 (PD 2004)was denied due to job requirement written in labor filing and supporting documents (mistake by lawyer), related to education. Immediately after that my 485 was also denied which I filed in July 2007.

We filed appeal in 2008 to buy the time and extend H1B and after 3.5 years got the RFE by AAO. They are asking not only the evidence for education but also for ability to pay, new experience letters, new evaluations and information about all other 140s filed for other employees and much more.

After filing appeal, in late 2008 I started a new PERM (this time EB2) and 140 which was approved and did the H1 extension based on new approved 140.

Recently EB2 was current so I filed 485 and got EAD/AP.

My questions are:

1. Since RFE reply is not straight forward and will need lot of effort to collect all documentations etc--- Should I care to reply (as my new PERM and 140 is approved)?

2. What will be the impacts for not replying the RFE (apart from denial of appeal) .

3. Will there be any impact on the approved 140/485?

4. Is there a process to withdraw the appeal?

5. Any other suggestions?

I will contact my attorney but want to seek the advise from the experienced fellow members.

Thanks.

[IneedAllGreen]

1) it's up to you that you want to respond to RFE. I wouldnt be bother if I am at your position

2) looks like they will deny

3) No both labors are different.

4) yes attorney can write a simple letter of withdrawl of your case. So far I know there is no form involved.

5) Enjoy your freedom of GC. Don't get stuck in AAO - they are Bad!

[londontown]

Thank you IneedAllGreen.

[bsaurav]

With much disappointment, USCIS denied my case. They sited the following reason

"from the paystubs submitted, it is understood that the beneficiary is paid x amount semimonthly which is less that the proffered amount $y semi monthly. $y has been mentioned in the ETA 9089. so the company is paying less that what has been proffered wage"

Not sure what does that mean.....Plz advice

[londontown]

1) it's up to you that you want to respond to RFE. I wouldnt be bother if I am at your position

2) looks like they will deny

3) No both labors are different.

4) yes attorney can write a simple letter of withdrawl of your case. So far I know there is no form involved.

5) Enjoy your freedom of GC. Don't get stuck in AAO - they are Bad!

I just Noticed that I made a mistake in my previous post:

Actually my new I-140 (EB2) is approved and I filed new 485 in Jan 2012 which is pending.

Should I care to reply the RFE from AAO for previous I-140 (EB3) or should I withdraw the Appeal?

Does not replying has any negative effects on the new I-140 and 485?