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I-140 Tracker: Discuss Individual Case
*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
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Posted by nk2006 on 20 Feb 2007Hi, I was wondering about your LUD entry. How do you track these latest update entries. I have my file number, and I generally go to UCSIS site to get the case status. I see a generic statement that they recieved the case on xx date and its pending. Where to look for the LUDs. Thanks for sharing info.
Posted by pardesh on 23 Apr 2007To check LUD, you need to register at USCIS and add your receipt nuber. By login in you will see a column for LUD
Posted by pardesh on 23 Apr 2007Have you heard about your case. We have same rcpt date.
Posted by InspectorFox on 23 Apr 2007No updates on my case...still pending approval from Texas. My attorney initiated an inquiry with USCIS after 60 days passed since the reply to the RFE.
Posted by vkrb32 on 19 Jun 2007hi InspectorFox
1. What was the RFE ? 2.What kind of inquiry should be lodged with USCIS ? 3. Have you got back ur PP money returned
Good Luck
1. What was the RFE ? 2.What kind of inquiry should be lodged with USCIS ? 3. Have you got back ur PP money returned
Good Luck
Posted by InspectorFox on 22 Jun 2007VKRB32 -
Here is an update on my case ...
1) RFE was for Ability to Pay even though my employer is financially very strong.
2) Immigration Attorney can initiate an inquiry with USCIS thru AILA Liason to check status of any pending application out of normal processing times.
3) I am keeping my fingers crossed as money for PP has not yet been returned. I will come to know the status on PP next week when it will be 15 days since I upgraded to PP. Also I have updated any LUD changes on my case.
4) I have noticed many cases being held in security check at TSC if they are out of normal processing times.
And so my suffering continues...
Here is an update on my case ...
1) RFE was for Ability to Pay even though my employer is financially very strong.
2) Immigration Attorney can initiate an inquiry with USCIS thru AILA Liason to check status of any pending application out of normal processing times.
3) I am keeping my fingers crossed as money for PP has not yet been returned. I will come to know the status on PP next week when it will be 15 days since I upgraded to PP. Also I have updated any LUD changes on my case.
4) I have noticed many cases being held in security check at TSC if they are out of normal processing times.
And so my suffering continues...
Posted by vkrb32 on 22 Jun 2007Hi Inspectorfox
Am sorry to hear your plights. . Good Luck and Best Wishes for a quicker approval my friend.
Am sorry to hear your plights. . Good Luck and Best Wishes for a quicker approval my friend.
Posted by InspectorFox on 01 Jul 2007Here is the latest update on my case -
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on June 15, 2007. 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.
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received on June 15, 2007. 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.
Posted by InspectorFox on 09 Jul 2007Here is the latest update from lawyer as of 07/09/2007 -
Your I-140 petition is still pending at the USCIS. It is likely that your I-140 petition is pending security checks. The government's position is that security checks cannot be expedited post-Septemebr 11th. I know of at least 2 cases where I-140s have been pending for more than 2 years due to security checks. While I believe that your case is probably pending security checks, I have not received anything in writing from the Texas Service Center regarding your case. Based on my discussion with an immigration officer at the Texas Service Center, your case was transferred to the Review Section of the Texas Service Center. There are various reasons why a case is transferred to the Review Section. Normally this means that a case is pending security checks. I have requested that the Texas Service Center provide me with additional information about your case. I will notify you as soon as I hear back from them.
Your I-140 petition is still pending at the USCIS. It is likely that your I-140 petition is pending security checks. The government's position is that security checks cannot be expedited post-Septemebr 11th. I know of at least 2 cases where I-140s have been pending for more than 2 years due to security checks. While I believe that your case is probably pending security checks, I have not received anything in writing from the Texas Service Center regarding your case. Based on my discussion with an immigration officer at the Texas Service Center, your case was transferred to the Review Section of the Texas Service Center. There are various reasons why a case is transferred to the Review Section. Normally this means that a case is pending security checks. I have requested that the Texas Service Center provide me with additional information about your case. I will notify you as soon as I hear back from them.
Posted by 38121gcaaja on 23 Jul 2007Inspectorfox
have u got ur case cleared, did you lawyer send a response to rfe
i also got rfe on ability to pay,
employer paid me 31k,31k,47k,74 from 2002-2005 where my prevailing wage is 67k
have u got ur case cleared, did you lawyer send a response to rfe
i also got rfe on ability to pay,
employer paid me 31k,31k,47k,74 from 2002-2005 where my prevailing wage is 67k
Posted by InspectorFox on 25 Jul 2007My lawyer responded back to the RFE for Ability to Pay in Feb 07. I work for a big company which has more than 100 employees and it was surprising to get an RFE. I upgraded to PP in June 07 but no decision was made on my case for 15 days. An immigration officer at the Texas Service Center informed my lawyer that my case was transferred to the Review Section of the Texas Service Center. I have an INFOPASS appointment to meet with an immigration officer to get an status update of my case on this Friday 07/27/2007. I will keep all of you posted on the progress.
Posted by pardesh on 26 Jul 2007Have you filed for H1 extension ?
Posted by InspectorFox on 26 Jul 2007Yes I did file for my 9th year H1B extension just before 06/28.
My lawyer has requested for a 3 year extension but I highly doubt if USCIS would give me an extension for more then a year as my I-140 is still pending decision.
My lawyer has requested for a 3 year extension but I highly doubt if USCIS would give me an extension for more then a year as my I-140 is still pending decision.
Posted by InspectorFox on 14 Aug 2007UPDATE - I asked my employer to follow up with USCIS about my pending I-140 case (313 days old).
Here is my employers email response: "I spoke with the USCIS and they said that your application is still under review and has not been released to them (in Texas) as of yet. He said that he didn’t see any note about needing additional docs at this time. He saw that we responded to the RFE from 2006 but that the application was still under review and has not been released to the examination dept (which is where he is)."
Here is my employers email response: "I spoke with the USCIS and they said that your application is still under review and has not been released to them (in Texas) as of yet. He said that he didn’t see any note about needing additional docs at this time. He saw that we responded to the RFE from 2006 but that the application was still under review and has not been released to the examination dept (which is where he is)."
Posted by rajusus on 01 Nov 2007Hello InspectorFox ,
You know that we r in same boad which is not moving. I called congress man, they made a inquire regarding my pending 140 , and told that we can not process until FBI name checks are completed. Thats the update i got.
good luck
raj
You know that we r in same boad which is not moving. I called congress man, they made a inquire regarding my pending 140 , and told that we can not process until FBI name checks are completed. Thats the update i got.
good luck
raj
Posted by InspectorFox on 01 Nov 2007Raj - I am just taking a chance... I am already mentally prepared for the response from the Congressman's office on this matter.
My lawyer (MLF) has always been suggesting that I file a writ of mandamus against USCIS but it can be a very expensive approach. I have not given it a serious thought yet. I am including several email communication between me and USCIS TSC recently (read in reverse order)... I am aware your case has also been pending for quite sometime but the longest wait I came across on immigrationportal was from a guy named Arvind Patel whose I140 got approved after 4 years and 8 months. He is my true inspiration :) I always thought I am stuck in this namecheck coz I am a Muslim but I have found out there are Chinese, SouthIndians, Gujratis, British and all kind of people riding the same boat... only thing that is bothering me is almost all of them are stuck during I-485 stage not I140.
EMAILS BETWEEN INSPECTORFOX AND USCIS TSC :) ...
________________________________________
From: Processing, TSC-Premium [mailto:tsc-premium.processing@dhs.gov]
Sent: Wednesday, October 31, 2007 11:27 AM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
We can't do anything until the security checks has been completed,and the petition is returned back to us for adjudication.
________________________________________
From: InspectorFox
Sent: Tue 10/30/2007 12:36 PM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer:
Thank you for this update. My attorney had apprised me in the past that my case has been transferred to an External Review Dept for additional security checks.
I’ll greatly appreciate if you could possibly check my case status with the concerned department.
Thanks again for your time and consideration.
Sincerely,
InspectorFox
From: Processing, TSC-Premium [mailto:tsc-premium.processing@dhs.gov]
Sent: Tuesday, October 30, 2007 1:05 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
This petition is still on hold pending security checks.
________________________________________
From: InspectorFox
Sent: Wed 10/24/2007 1:19 PM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer:
I am following up once again today to check the current status of my I-140 petition (Receipt No: SRC0700XXXXXX) at USCIS Texas Service Center pending for 384 days.
I’ll appreciate if you could kindly adjudicate my case sooner.
Thank you very much for your time and consideration.
Sincerely,
InspectorFox
From: Processing, TSC-Premium [mailto:TSC-Premium.Processing@dhs.gov]
Sent: Wednesday, September 19, 2007 3:22 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
InspectorFox,until the security checks has been completed,no other action can be taken.
________________________________________
From: InspectorFox
Sent: Wed 9/19/2007 12:11 AM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer:
I’ll greatly appreciate if you could kindly provide me with the latest updates on my pending I140 case (Receipt No: SRC0700XXXXXX).
It will be exactly one-year on October 05 2007 since my I140 application was filed at USCIS Texas Service Center and I have been waiting patiently all this time.
I am urging USCIS to expedite the processing of my I140 case as I need an approval for the purpose of getting a three-year increment H-1B extension.
I am very hopeful that USCIS will adjudicate my pending I140 petition soon.
Thank you,
InspectorFox
________________________________________
From: Processing, TSC-Premium [mailto:TSC-Premium.Processing@dhs.gov]
Sent: Thursday, August 23, 2007 1:21 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
InspectorFox,your attorney was right,that unit dont give us any informatiom either.One the security checks has been completed,the petition will return back to us for adjudication.There is no time frame I can give you.
________________________________________
From: InspectorFox
Sent: Wed 8/22/2007 6:11 PM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer,
Thank you for the prompt response. My immigration attorney apprised me that the government is not going to provide any additional details about the security checks but
I’ll greatly appreciate if you could let me know if USCIS follows any defined timeline for adjudicating cases pending security check.
I understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. I would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for the country and the safety of the people of the United States of America.
Thanks,
InspectorFox
________________________________________
From: Processing, TSC-Premium [mailto:TSC-Premium.Processing@dhs.gov]
Sent: Wednesday, August 22, 2007 6:40 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
This petition has been placed on hold pending security checks.
________________________________________
From: InspectorFox
Sent: Wed 8/22/2007 3:28 PM
To: Processing, Tsc-Premium
Subject: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Sir/Madam:
My I140 case is pending for 321 days at the Texas Service Center.
Applicant: InspectorFox
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Receipt No: SRC0700XXXXXX
Receipt Date: 05 Oct 2006
Notice Date: 28 Nov 2006
Thanks,
InspectorFox
My lawyer (MLF) has always been suggesting that I file a writ of mandamus against USCIS but it can be a very expensive approach. I have not given it a serious thought yet. I am including several email communication between me and USCIS TSC recently (read in reverse order)... I am aware your case has also been pending for quite sometime but the longest wait I came across on immigrationportal was from a guy named Arvind Patel whose I140 got approved after 4 years and 8 months. He is my true inspiration :) I always thought I am stuck in this namecheck coz I am a Muslim but I have found out there are Chinese, SouthIndians, Gujratis, British and all kind of people riding the same boat... only thing that is bothering me is almost all of them are stuck during I-485 stage not I140.
EMAILS BETWEEN INSPECTORFOX AND USCIS TSC :) ...
________________________________________
From: Processing, TSC-Premium [mailto:tsc-premium.processing@dhs.gov]
Sent: Wednesday, October 31, 2007 11:27 AM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
We can't do anything until the security checks has been completed,and the petition is returned back to us for adjudication.
________________________________________
From: InspectorFox
Sent: Tue 10/30/2007 12:36 PM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer:
Thank you for this update. My attorney had apprised me in the past that my case has been transferred to an External Review Dept for additional security checks.
I’ll greatly appreciate if you could possibly check my case status with the concerned department.
Thanks again for your time and consideration.
Sincerely,
InspectorFox
From: Processing, TSC-Premium [mailto:tsc-premium.processing@dhs.gov]
Sent: Tuesday, October 30, 2007 1:05 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
This petition is still on hold pending security checks.
________________________________________
From: InspectorFox
Sent: Wed 10/24/2007 1:19 PM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer:
I am following up once again today to check the current status of my I-140 petition (Receipt No: SRC0700XXXXXX) at USCIS Texas Service Center pending for 384 days.
I’ll appreciate if you could kindly adjudicate my case sooner.
Thank you very much for your time and consideration.
Sincerely,
InspectorFox
From: Processing, TSC-Premium [mailto:TSC-Premium.Processing@dhs.gov]
Sent: Wednesday, September 19, 2007 3:22 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
InspectorFox,until the security checks has been completed,no other action can be taken.
________________________________________
From: InspectorFox
Sent: Wed 9/19/2007 12:11 AM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer:
I’ll greatly appreciate if you could kindly provide me with the latest updates on my pending I140 case (Receipt No: SRC0700XXXXXX).
It will be exactly one-year on October 05 2007 since my I140 application was filed at USCIS Texas Service Center and I have been waiting patiently all this time.
I am urging USCIS to expedite the processing of my I140 case as I need an approval for the purpose of getting a three-year increment H-1B extension.
I am very hopeful that USCIS will adjudicate my pending I140 petition soon.
Thank you,
InspectorFox
________________________________________
From: Processing, TSC-Premium [mailto:TSC-Premium.Processing@dhs.gov]
Sent: Thursday, August 23, 2007 1:21 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
InspectorFox,your attorney was right,that unit dont give us any informatiom either.One the security checks has been completed,the petition will return back to us for adjudication.There is no time frame I can give you.
________________________________________
From: InspectorFox
Sent: Wed 8/22/2007 6:11 PM
To: 'Processing, TSC-Premium'
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Immigration Officer,
Thank you for the prompt response. My immigration attorney apprised me that the government is not going to provide any additional details about the security checks but
I’ll greatly appreciate if you could let me know if USCIS follows any defined timeline for adjudicating cases pending security check.
I understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. I would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for the country and the safety of the people of the United States of America.
Thanks,
InspectorFox
________________________________________
From: Processing, TSC-Premium [mailto:TSC-Premium.Processing@dhs.gov]
Sent: Wednesday, August 22, 2007 6:40 PM
To: InspectorFox
Subject: RE: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
This petition has been placed on hold pending security checks.
________________________________________
From: InspectorFox
Sent: Wed 8/22/2007 3:28 PM
To: Processing, Tsc-Premium
Subject: Request for I-140 Adjudication - EMPLOYMENT BASED (Receipt No: SRC0700XXXXXX)
Dear Sir/Madam:
My I140 case is pending for 321 days at the Texas Service Center.
Applicant: InspectorFox
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Receipt No: SRC0700XXXXXX
Receipt Date: 05 Oct 2006
Notice Date: 28 Nov 2006
Thanks,
InspectorFox
Posted by InspectorFox on 07 Nov 2007My lawyer's office initiated a service request for my pending I140 petition today 11/07/2007 -
"Today I called the National Customer Service Center and spoke to a representative. I explained that the original receipt date was 10/03/06 and that case is outside of the normal processing time at the Texas Service Center. The representative gave me a very hard time about my request and kept asking if we had received the letter regarding our request to upgrade to Premium Processing. I said that we had received notification but it is a mute point because Premium Processing was postponed until further notice and that we need to place a referral on the pending application because it is outside of the current processing time. The representative finally agreed and placed a referral. We should receive a response within 60 days."
Stay tuned in for more regular updates.. :)
"Today I called the National Customer Service Center and spoke to a representative. I explained that the original receipt date was 10/03/06 and that case is outside of the normal processing time at the Texas Service Center. The representative gave me a very hard time about my request and kept asking if we had received the letter regarding our request to upgrade to Premium Processing. I said that we had received notification but it is a mute point because Premium Processing was postponed until further notice and that we need to place a referral on the pending application because it is outside of the current processing time. The representative finally agreed and placed a referral. We should receive a response within 60 days."
Stay tuned in for more regular updates.. :)
Posted by successhere on 20 Nov 2007InspectorFox
Your followup with USCIS was commendable:). It is interesting to learn that I-140 process entails Security Check something that we thought would happen only after I-485 is filed. By the way, is NC and SC one and the same thing?
My I-140 is pending since Oct 18, 2006!
Good Luck:)
Your followup with USCIS was commendable:). It is interesting to learn that I-140 process entails Security Check something that we thought would happen only after I-485 is filed. By the way, is NC and SC one and the same thing?
My I-140 is pending since Oct 18, 2006!
Good Luck:)
Posted by InspectorFox on 20 Nov 2007In my opinion - name check, security check and domestic investigation are all the same terms used by USCIS at I140 stage during which the case is transffered to an external review department for further investigation. File returns back to USCIS for adjudication thus causing the delay and long wait. USCIS does not disclose any details about this check. BTW - Is your I140 petition pending adjudication due to pending security check?
Posted by Sai01 on 13 Dec 2007Hi InspectorFox,
I have one question. I also got RFE in Sep'07 and replied on 10/03. Since then there is no updates on my I-140. The RFE was Education eval, Company Annual Reports & my W2 form from 2002 - 07. I have applied my I-485 in Jun'07 and I got one RFE for H1B approvals & PP copies for me & wife. My RFE was received & updated by USCIS on 12/07. Also there was one LUD on 12/12. If, I do have the same security check, I wouldn't get RFE on I-485 application. Is it correct? This is my understanding that unless SCK cleared they don't touch I-485 appl. Any thoughts?
I have one question. I also got RFE in Sep'07 and replied on 10/03. Since then there is no updates on my I-140. The RFE was Education eval, Company Annual Reports & my W2 form from 2002 - 07. I have applied my I-485 in Jun'07 and I got one RFE for H1B approvals & PP copies for me & wife. My RFE was received & updated by USCIS on 12/07. Also there was one LUD on 12/12. If, I do have the same security check, I wouldn't get RFE on I-485 application. Is it correct? This is my understanding that unless SCK cleared they don't touch I-485 appl. Any thoughts?
Posted by InspectorFox on 13 Dec 2007Sai - Your opinion may be right coz I did not get any fingerprint notice so far which only means that USCIS is not touching my I485 file unless they have everything sorted out with my I140 petition.
Posted by Sai01 on 13 Dec 2007Thanks for quick turnaround!
GOD may bless us :)
GOD may bless us :)
Posted by FLLC on 05 Feb 2008Any update on your case? ^^;;
Posted by InspectorFox on 05 Feb 2008No progress in my case... I am waiting to hear back from the Congressman's office anytime now.
SRs opened by employer and attorney had no impact and they were told the same thing again that my case is pending additional review . LUD is still 07/28/2007. I got my EAD and AP not FP notice. I plan to file a complaint with USCIS Ombudsman over the weekend.
SRs opened by employer and attorney had no impact and they were told the same thing again that my case is pending additional review . LUD is still 07/28/2007. I got my EAD and AP not FP notice. I plan to file a complaint with USCIS Ombudsman over the weekend.
Posted by InspectorFox on 11 Feb 2008Update on my I140 case processing - 02//11/2008
Congressman's office received a reply to their inquiry regarding my immigration case with the Texas Service Center. As of right now, my I-140 application is still undergoing the security checks and there is no timetable for when they will be completed. Congressman's office will make the next inquiry on or about May 11, 2008.
Congressman's office received a reply to their inquiry regarding my immigration case with the Texas Service Center. As of right now, my I-140 application is still undergoing the security checks and there is no timetable for when they will be completed. Congressman's office will make the next inquiry on or about May 11, 2008.
Posted by FLLC on 12 Feb 2008Thank you for update~! I am still waiting too.
By any chance, do you know if this new rule of 180 days of pending security check will be applie to I-140 cases too?
By any chance, do you know if this new rule of 180 days of pending security check will be applie to I-140 cases too?
Posted by InspectorFox on 16 Feb 2008I don't know the answer to your question FLLC but I assume they would have a standard process to clear security check for all kind of immigration applications. I personally think it will be good to get the security check cleared in the normal procedures rather than due to the 180 days rule as they could revoke your GC and make your life miserable. What are your thoughts on this?
Posted by FLLC on 18 Feb 2008I agree with you that it's better get SC cleared before appoval. But, I am not sure that the new 180 days rule also applies to I-140 cases. I have read some articles and it does not specifically indicate I-140.
Posted by FLLC on 07 Mar 2008Inspector Fox. I called to IO on 3/6/08. I asked for my I-40 status and IO told me that it's still processing and told me to call back in 30 days. I also asked status of my I-485 filed in 6/07. He told me that NC is already cleared.
If so, they review I-485 even I-140 has not been approved. I don't belive them 100%.. I just got more confused after the call.
If so, they review I-485 even I-140 has not been approved. I don't belive them 100%.. I just got more confused after the call.
Posted by InspectorFox on 07 Mar 2008Here is the latest update on my I140 petition -
Lawyer submitted a congressional inquiry on my case on March 07 2008. It could take 1-3 months to get a response. It does not appear that the USCIS has lost my file. Lawyer's office received written confirmation from the USCIS that your case is pending security checks. Lawyer wants to know if I would like their firm to file a writ of mandamus.
Lawyer submitted a congressional inquiry on my case on March 07 2008. It could take 1-3 months to get a response. It does not appear that the USCIS has lost my file. Lawyer's office received written confirmation from the USCIS that your case is pending security checks. Lawyer wants to know if I would like their firm to file a writ of mandamus.
Posted by InspectorFox on 16 Mar 2008Received the following email update from USCIS TSC on March 12, 2008...
This Petition is still with the TSC Review Unit. It has not been sent back to the Exams side of TSC for final decision as of this date. When that section receives the special guidance and directives from USCIS National Headquarters, then they will send the item back to us at Exams for a final decision.
Meanwhile, the file is at TSC and on hold. Any Premium Fee will be refunded after the decision is made on the case.
Ron Rosier
TSC IIO/ XM0165
This Petition is still with the TSC Review Unit. It has not been sent back to the Exams side of TSC for final decision as of this date. When that section receives the special guidance and directives from USCIS National Headquarters, then they will send the item back to us at Exams for a final decision.
Meanwhile, the file is at TSC and on hold. Any Premium Fee will be refunded after the decision is made on the case.
Ron Rosier
TSC IIO/ XM0165
Posted by FLLC on 17 Mar 2008I hope you to hear the good news soon~!!
Posted by InspectorFox on 09 Apr 2008Received paper work from my lawyer's office today to file Writ of Mandamus for pending I-140 case.
Posted by InspectorFox on 09 Apr 2008Here is the I-140 Writ Of Mandamus Legal Representation Agreement between me and the Law Firm -
1. CONDITIONS. This Agreement will not take effect, and Attorney will have no obligation to provide legal services until Client returns a signed copy of this Agreement and pays the deposit called for under section 4.
2. SCOPE AND DUTIES. Attorney and its co-counsel in this case have agreed to represent Client only for the purposes of the following lawsuit: (and no other matter unless expressly agreed in writing between the parties) :
• Attorney has agreed to prepare a Writ of Mandamus for submission to the U.S. Attorney’s office in Washington, D.C. and filing the initial complaint and supporting documents with a U.S. Federal Court, if needed, on behalf of Client in an attempt to expedite and adjudicate Client’s employer’s I-140 petition. For the purposes of this agreement, the “Writ of Mandamus” includes the preparation of a Complaint for Writ of Mandamus, preparing discovery requests under the Federal Rules of Civil Procedure, engaging in settlement negotiations on behalf of Client, communicating with all interested parties, and filing the initial complaint and supporting documents with a U.S. Federal Court. Any other services that fall outside of the events described above will necessitate a new agreement and will be provided by Attorney after obtaining Client's approval. The U.S. Department of Homeland Security (DHS), and specifically its sub-component agency the U.S. Citizenship and Immigration Services (USCIS) has failed to adjudicate Client’s employer’s I-140 petition within a reasonable time which is well beyond the processing time that the USCIS has established for adjudication of Forms I-140. Client has contacted the USCIS either directly or via other governmental or public agencies or entities with regard to the pending case status. As a result of Client’s inquiry(s), Client was informed that the delay in the adjudication of the Form I-140 is due to the failure on the part of the Federal Bureau of Investigations (FBI) to return the results of Client’s name check to the USCIS in a timely manner.
By signing this Legal Representation Agreement (LRA), Client agrees to participate in this process and negotiation as a plaintiff and to appoint Attorney as Client's attorney in this litigation. Client understands that Attorney agrees to represent Client ONLY in connection with the preparation, negotiation, and filing of this individual Writ of Mandamus and to perform services that Attorney may determine to be proper to pursue the expediting of Client’s employer’s I-140 petition, but that this LRA does not apply to any other services. Client acknowledges that Attorney will also represent other individuals who are being injured by the USCIS/FBI on the same grounds. Client understands that Attorney may request that Client's case be joined with other similar cases for purposes of efficient negotiation strategy, and consents to such limited joint representation. Client understands that the services of Attorney are in connection with this Writ of Mandamus supplement, but do not replace the services of Client’s other immigration attorney or representative (if applicable).
Client understands that this process and negotiation are uncertain by nature and that Attorney cannot guarantee the results of these efforts.
Client agrees that if Attorney determines that Client is not an appropriate plaintiff, it may proceed with the negotiation of Writs of Mandamus without including Client as a plaintiff.
Attorney shall provide those legal services reasonably required to represent Client, and shall take reasonable steps to keep Client informed of the progress of all matters, and shall respond to Client's inquiries. Any additional services requested by Client and not stated above will require a new written contract or written modification of this contract. Attorney agrees to notify Client promptly of all significant developments and to consult with Client in advance as to any significant decisions needed to be made for the case or representation to progress.
A non-attorney, by law, shall be prohibited from:
a. Directing a Client how to proceed in a matter that potentially has any legal consequence.
b. Explaining to a Client his/her legal rights and responsibilities.
c. Negotiating fees.
Therefore, by law, Paralegals, Legal Assistants, Secretaries, Receptionists, Client Service Representatives, Billing Representatives, and other non-attorney staff are prohibited from giving legal advice. Any questions of a legal nature must be directed to an attorney.
Client shall be truthful with Attorney, shall cooperate with Attorney, shall keep Attorney informed of developments, shall pay Attorney's fees and expenses on time, and shall keep Attorney advised of Client's address, telephone number and whereabouts.
3. LEGAL FEES AND EXPENSES. Client and Attorney agree that the following method is to be used for determining the proper amount of legal fees:
a. Client agrees to pay for legal services as follows:
• $3,000 toward the legal fee for the services set forth in Section 2 above.
Client shall be responsible to pay court costs, as appropriate. In addition, Client shall be responsible for reasonable and necessary travel and lodging expenses in the event that there is a need to attend a hearing or deposition.
If the resolution of this matter results in a recovery of attorneys' fees and/or expenses, Attorney or other co-counsel shall be entitled to reimbursement from this recovery of all attorneys' fees and/or expenses that it advanced on Client’s behalf. Client hereby assigns all such fees to Attorney, and agrees that all fees and costs recovered in this case may be paid directly to Attorney or another firm it designates. If the defendants agree to pay such fees and expenses as part of settlement agreement or consent decree, Client agrees that such fees and expenses will also belong to Attorney.
Client has been informed that the Equal Access to Justice Act (EAJA), and other statutes and the Federal Rules of Civil Procedure may allow Attorney to apply for an award of attorneys' fees and expenses if we prevail in this Writ of Mandamus matter. Client agrees that Attorney may claim and collect fees and expenses awarded by the court(s).
Sometimes defendants offer to settle a case on the condition that the plaintiff(s) give up their right to receive attorneys' fees and/or costs. Client agrees to assist Attorney in obtaining full recovery of all costs and attorneys' fees as part of any settlement or other disposition of the case. Should Client accept any settlement of this case that requires the Client to waive the defendant's (or defendants') payment of fees and/or costs, Client will be responsible for paying Attorney's fees and/or costs incurred in connection with this Writ of Mandamus matter that are not paid by the defendants. Client will not be responsible for any of Attorney's attorneys' fees or costs if Client does not agree to such a waiver.
Client understands that if this Writ of Mandamus matter is not successful, the court may order the plaintiffs to pay the costs incurred by the opposing party's attorneys' fees and expenses. Client also understands that if the court finds that the case was frivolous, unreasonable, groundless, vexatious, not reasonably based in law and/or fact, or pursued in bad faith, it may order Client to pay the opposing party's or parties' costs and attorneys' fees. In the event of such an order, Attorney agrees to pay the entire amount of the opponent's fees and costs awarded, with one exception. Client alone will be responsible for such an award if Client misrepresents facts to Client’s immigration attorney or representative or to Attorney and the court award is based upon facts found to be substantially and materially different than Client has stated them.
Attorney reserves the right to increase these fees from time to time but must first provide Client with 30-day advance written notice. At that time, Client may elect to proceed or discontinue service.
b. In addition to the flat fee in 3(a) (and/or hourly fee), Client agrees to reimburse Attorney for all costs and expenses if incurred by Attorney, including, but not limited to :
Bank charges associated with wire transfers, etc.
Express mail charges
Overnight courier services
Messenger services
Translation fees
Court and agency filing fees
Filing services
Facsimiles
Photocopying
Long distance phone calls
Consultant or expert witness fees
Stenographer / court reporters
Out of town travel including all transportation, lodging, meals and other expenses incurred in order to conduct business on Client's behalf.
Attorney further agrees to obtain Client's consent before hiring any consultant or expert witness. Client authorizes Attorney to incur all other reasonable costs necessary in Attorney's judgment. Costs under $50.00 will be advanced by Attorney and then billed to Client unless sufficient Client deposits are available toward costs or unless separate checks are provided by Client pursuant to section 4.
c. Client acknowledges that Attorney has made no promises about the total amount of Attorney's fees to be incurred by Client under this Agreement.
d. Client understands and agrees that where delays, inactivity or other bureaucratic problems arise due to circumstances beyond Attorney's control, or caused by third parties, additional fees may be charged if such problems were not originally anticipated.
e. Client agrees that failure to provide material information that is critical to representation by Attorney in this matter, whether intentional or innocent, which would affect the strategy of the representation or any defenses or affirmative applications may result in an increase in fees or withdrawal from representation.
f. Additional fees may be required due to subsequent changes in law or regulation that require additional performance by Attorney and/or additional court or agency filings.
4. METHOD OF PAYMENT. Attorney agrees that Client shall pay the Attorney as follows:
• $3,000 made payable to the Attorney upon signing of this Agreement; and
• $500 made payable to the Law Firm to cover the court filing fee and the above administrative costs for faxing, long distance calls, postage and standard courier service upon the signing of this Agreement;
Where services are provided on an hourly basis, an initial deposit will be required to be determined when such need arises. Attorney will notify Client whenever the full amount of any deposit has been applied to Attorney's fees and costs incurred on behalf of Client. Within 15 days after each notification is mailed, Client will pay to Attorney an additional deposit in the same amount to be applied in the same manner as the initial deposit. Such additional deposits will be refundable, if at the termination of services under this Agreement, the total amount incurred by Client for Attorneys fees and costs is less than the total amount of all deposits. Attorney agrees to provide, on a periodic basis, a statement of fees and expenses incurred. Client agrees to pay in full the amount of each bill, if money is due, within (15) FIFTEEN DAYS of the billing date.
Any outstanding balances not paid when due as agreed will accrue an interest charge of eighteen percent (18%) per annum from the due date until paid. Attorney shall bill Client for time and costs incurred to collect bills past due for 30 days or longer.
5. DISCHARGE AND WITHDRAWAL. Client understands that in the event Attorney and its attorneys determine in their professional legal judgment that the Writ of Mandamus or other matter should be settled, or otherwise disposed of, and Client does not agree or consent to such resolution, Attorney reserves the right to withdraw as counsel in this matter, subject to court approval if necessary. Grounds for such termination include, but are not limited to: (a) the Writ of Mandamus matter becomes clearly frivolous, unreasonable or groundless; (b) the facts of the case are materially and significantly different than Client stated them; or (c) the representation of Client’s interests requires taking a position in opposition to Attorney's mission. In the event that Attorney withdraws, Attorney will make reasonable efforts to obtain substitute counsel, but withdrawal is not dependent on finding substitute counsel.
6. CONCLUSION OF SERVICES. Client is free at any time to discharge Attorney from representing Client, subject to court approval if necessary. When Attorney's services conclude or are terminated, all unpaid charges shall become immediately due and payable. Attorney is under no obligation to find a replacement counsel. Any continued Attorney involvement in the case will be determined after consideration of all circumstances as they exist at the time.
Client will pay all legal fees and costs incurred prior to conclusion or termination of services. All flat fees will be non refundable once substantial services have been performed. After Attorney's services conclude, Attorney will, upon Client's request, deliver Client's file to Client, along with any unused Client funds or property in Attorney's possession. Attorney will not, however, deliver any information constituting protected work product or privileged information. Client agrees to bear all photocopying and other costs for reproduction and delivery of the file. Attorney agrees to cooperate with any successor counsel to accommodate a smooth transition of the representation.
7. DISPUTE RESOLUTION. Any dispute as to whether Attorney or Client has failed to honor this Agreement or as to the amount of legal fees may be arbitrated in conformance with applicable rules and regulations.
8. EFFORT AND OUTCOME; DISCLAIMER OF GUARANTEE. Attorney agrees to use reasonable efforts in representing Client. Client agrees and acknowledges that counsel may not and has not made any assurance or guarantee about the successful outcome of matters being handled by Attorney. Attorney's comments about the outcome of Client's matter are expressions of opinion only.
9. EFFECTIVE DATE. This Agreement will take effect when Client has performed the conditions stated in section 1, but its effective date will be retroactive to the date Attorney first provided services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have already performed for Client. This Agreement shall be binding upon Client and Attorney.
10. GOVERNING LAW AND CONSENT TO JURISDICTION. This Agreement shall be governed by, and construed in accordance with the laws of the State of Maryland. If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. The parties irrevocably and unconditionally :
(a) agree that any suit, action or other legal proceeding arising out of this Agreement may be brought in any court of record of the State of Maryland in Baltimore County;
(b) consent to the jurisdiction of any such court in any such suit, action, or proceeding; and
(c) waive any objection which it may have to the venue of any such suit, action, or proceeding in any of such courts.
11. PROMISSORY NOTE. In the event of any default by Client under this Agreement, Client agrees that this Agreement shall be construed as a promissory note, and all outstanding payments shall become immediately due and payable, at the option of Attorney, and Client agrees to pay all costs of collection, including forty percent (40%) for attorneys' fees, if placed in the hands of an attorney for collection. Upon default, Client further authorizes any Clerk of any Court of Record in Maryland or elsewhere to enter judgment by confession against Client in favor of Attorney, for the full amount appearing due and payable hereon, together with interest, charges, attorneys' fees of 40% and all other costs of suit. Demand or presentment for payment, notice of dishonor, protest and notice of protest are hereby waived.
12. MODIFICATION. This Agreement may be modified by subsequent written Agreement signed by the parties or by oral agreement where the parties carry it out.
13. CLIENT'S RESPONSIBILITIES. Client agrees to respond to all communications from Attorney immediately when received. Client agrees to appear in court if and when required. Client agrees to notify Attorney promptly of any change in contact information, in the status of his/her employer’s I-140 petition, in immigration status, or in any legal proceedings.
Client agrees to cooperate with Attorney and to provide Attorney complete and truthful information and documentation necessary and proper to this Writ of Mandamus matter. Client understands that Client alone will be responsible for any fees and expenses awarded to opposing parties if such an award is based upon any misrepresentation that Client has made to Attorney or Client’s attorney or representative.
14. CONFIDENTIALITY. Client understands that lawsuits are public information, and are available as a public court document. Client realizes that many courts now have lawsuits and other documents available electronically, accessible via the internet. Client understands that there also may be other individual plaintiffs who may be joined as a group of similarly situated plaintiffs. Client also understands that Attorney and its attorneys may consult and associate with other immigration counsel, Attorney's affiliated bar association, the American Immigration Lawyers' Association (AILA) and its staff, as well as with experts who may assist Attorney in litigating this case. Client therefore authorizes Attorney to discuss information, as needed, with the other plaintiffs, AILA and its staff, and/or experts who may assist Attorney in this lawsuit.
15. PUBLICITY. Client authorizes Attorney to publicize the case in any manner Attorney deems to be in Client’s best interest and in the interest of educating the public about immigrants' rights or immigration law. Client agrees not to make statements to the news media except by arrangement and approval of Attorney. Unless otherwise authorized, Attorney will make any such news announcements on Client’s behalf in this case.
16. FUTURE REPRESENTATION. Client acknowledges that Attorney has no obligation to represent Client or to secure representation for Client, in any subsequent stage of this litigation or in any proceedings, or in any legal matter that Client may have.
To ensure that this Office has correctly set forth your understanding relating to our engagement, please return a copy of the entire Agreement signed by you in original, along with the fee, on or before thirty (30) days from the date of the initial discussion regarding this Agreement.
PLEASE NOTE : WORK CANNOT BEGIN ON THE CASE UNTIL THE FOLLOWING IS RECEIVED BY THIS OFFICE :
• a signed Agreement in its entirety; and
• the initial payment of $3,500 made payable to the Law Firm.
• the completed Required Contact Information page. (Next page.)
"Attorney"
1. CONDITIONS. This Agreement will not take effect, and Attorney will have no obligation to provide legal services until Client returns a signed copy of this Agreement and pays the deposit called for under section 4.
2. SCOPE AND DUTIES. Attorney and its co-counsel in this case have agreed to represent Client only for the purposes of the following lawsuit: (and no other matter unless expressly agreed in writing between the parties) :
• Attorney has agreed to prepare a Writ of Mandamus for submission to the U.S. Attorney’s office in Washington, D.C. and filing the initial complaint and supporting documents with a U.S. Federal Court, if needed, on behalf of Client in an attempt to expedite and adjudicate Client’s employer’s I-140 petition. For the purposes of this agreement, the “Writ of Mandamus” includes the preparation of a Complaint for Writ of Mandamus, preparing discovery requests under the Federal Rules of Civil Procedure, engaging in settlement negotiations on behalf of Client, communicating with all interested parties, and filing the initial complaint and supporting documents with a U.S. Federal Court. Any other services that fall outside of the events described above will necessitate a new agreement and will be provided by Attorney after obtaining Client's approval. The U.S. Department of Homeland Security (DHS), and specifically its sub-component agency the U.S. Citizenship and Immigration Services (USCIS) has failed to adjudicate Client’s employer’s I-140 petition within a reasonable time which is well beyond the processing time that the USCIS has established for adjudication of Forms I-140. Client has contacted the USCIS either directly or via other governmental or public agencies or entities with regard to the pending case status. As a result of Client’s inquiry(s), Client was informed that the delay in the adjudication of the Form I-140 is due to the failure on the part of the Federal Bureau of Investigations (FBI) to return the results of Client’s name check to the USCIS in a timely manner.
By signing this Legal Representation Agreement (LRA), Client agrees to participate in this process and negotiation as a plaintiff and to appoint Attorney as Client's attorney in this litigation. Client understands that Attorney agrees to represent Client ONLY in connection with the preparation, negotiation, and filing of this individual Writ of Mandamus and to perform services that Attorney may determine to be proper to pursue the expediting of Client’s employer’s I-140 petition, but that this LRA does not apply to any other services. Client acknowledges that Attorney will also represent other individuals who are being injured by the USCIS/FBI on the same grounds. Client understands that Attorney may request that Client's case be joined with other similar cases for purposes of efficient negotiation strategy, and consents to such limited joint representation. Client understands that the services of Attorney are in connection with this Writ of Mandamus supplement, but do not replace the services of Client’s other immigration attorney or representative (if applicable).
Client understands that this process and negotiation are uncertain by nature and that Attorney cannot guarantee the results of these efforts.
Client agrees that if Attorney determines that Client is not an appropriate plaintiff, it may proceed with the negotiation of Writs of Mandamus without including Client as a plaintiff.
Attorney shall provide those legal services reasonably required to represent Client, and shall take reasonable steps to keep Client informed of the progress of all matters, and shall respond to Client's inquiries. Any additional services requested by Client and not stated above will require a new written contract or written modification of this contract. Attorney agrees to notify Client promptly of all significant developments and to consult with Client in advance as to any significant decisions needed to be made for the case or representation to progress.
A non-attorney, by law, shall be prohibited from:
a. Directing a Client how to proceed in a matter that potentially has any legal consequence.
b. Explaining to a Client his/her legal rights and responsibilities.
c. Negotiating fees.
Therefore, by law, Paralegals, Legal Assistants, Secretaries, Receptionists, Client Service Representatives, Billing Representatives, and other non-attorney staff are prohibited from giving legal advice. Any questions of a legal nature must be directed to an attorney.
Client shall be truthful with Attorney, shall cooperate with Attorney, shall keep Attorney informed of developments, shall pay Attorney's fees and expenses on time, and shall keep Attorney advised of Client's address, telephone number and whereabouts.
3. LEGAL FEES AND EXPENSES. Client and Attorney agree that the following method is to be used for determining the proper amount of legal fees:
a. Client agrees to pay for legal services as follows:
• $3,000 toward the legal fee for the services set forth in Section 2 above.
Client shall be responsible to pay court costs, as appropriate. In addition, Client shall be responsible for reasonable and necessary travel and lodging expenses in the event that there is a need to attend a hearing or deposition.
If the resolution of this matter results in a recovery of attorneys' fees and/or expenses, Attorney or other co-counsel shall be entitled to reimbursement from this recovery of all attorneys' fees and/or expenses that it advanced on Client’s behalf. Client hereby assigns all such fees to Attorney, and agrees that all fees and costs recovered in this case may be paid directly to Attorney or another firm it designates. If the defendants agree to pay such fees and expenses as part of settlement agreement or consent decree, Client agrees that such fees and expenses will also belong to Attorney.
Client has been informed that the Equal Access to Justice Act (EAJA), and other statutes and the Federal Rules of Civil Procedure may allow Attorney to apply for an award of attorneys' fees and expenses if we prevail in this Writ of Mandamus matter. Client agrees that Attorney may claim and collect fees and expenses awarded by the court(s).
Sometimes defendants offer to settle a case on the condition that the plaintiff(s) give up their right to receive attorneys' fees and/or costs. Client agrees to assist Attorney in obtaining full recovery of all costs and attorneys' fees as part of any settlement or other disposition of the case. Should Client accept any settlement of this case that requires the Client to waive the defendant's (or defendants') payment of fees and/or costs, Client will be responsible for paying Attorney's fees and/or costs incurred in connection with this Writ of Mandamus matter that are not paid by the defendants. Client will not be responsible for any of Attorney's attorneys' fees or costs if Client does not agree to such a waiver.
Client understands that if this Writ of Mandamus matter is not successful, the court may order the plaintiffs to pay the costs incurred by the opposing party's attorneys' fees and expenses. Client also understands that if the court finds that the case was frivolous, unreasonable, groundless, vexatious, not reasonably based in law and/or fact, or pursued in bad faith, it may order Client to pay the opposing party's or parties' costs and attorneys' fees. In the event of such an order, Attorney agrees to pay the entire amount of the opponent's fees and costs awarded, with one exception. Client alone will be responsible for such an award if Client misrepresents facts to Client’s immigration attorney or representative or to Attorney and the court award is based upon facts found to be substantially and materially different than Client has stated them.
Attorney reserves the right to increase these fees from time to time but must first provide Client with 30-day advance written notice. At that time, Client may elect to proceed or discontinue service.
b. In addition to the flat fee in 3(a) (and/or hourly fee), Client agrees to reimburse Attorney for all costs and expenses if incurred by Attorney, including, but not limited to :
Bank charges associated with wire transfers, etc.
Express mail charges
Overnight courier services
Messenger services
Translation fees
Court and agency filing fees
Filing services
Facsimiles
Photocopying
Long distance phone calls
Consultant or expert witness fees
Stenographer / court reporters
Out of town travel including all transportation, lodging, meals and other expenses incurred in order to conduct business on Client's behalf.
Attorney further agrees to obtain Client's consent before hiring any consultant or expert witness. Client authorizes Attorney to incur all other reasonable costs necessary in Attorney's judgment. Costs under $50.00 will be advanced by Attorney and then billed to Client unless sufficient Client deposits are available toward costs or unless separate checks are provided by Client pursuant to section 4.
c. Client acknowledges that Attorney has made no promises about the total amount of Attorney's fees to be incurred by Client under this Agreement.
d. Client understands and agrees that where delays, inactivity or other bureaucratic problems arise due to circumstances beyond Attorney's control, or caused by third parties, additional fees may be charged if such problems were not originally anticipated.
e. Client agrees that failure to provide material information that is critical to representation by Attorney in this matter, whether intentional or innocent, which would affect the strategy of the representation or any defenses or affirmative applications may result in an increase in fees or withdrawal from representation.
f. Additional fees may be required due to subsequent changes in law or regulation that require additional performance by Attorney and/or additional court or agency filings.
4. METHOD OF PAYMENT. Attorney agrees that Client shall pay the Attorney as follows:
• $3,000 made payable to the Attorney upon signing of this Agreement; and
• $500 made payable to the Law Firm to cover the court filing fee and the above administrative costs for faxing, long distance calls, postage and standard courier service upon the signing of this Agreement;
Where services are provided on an hourly basis, an initial deposit will be required to be determined when such need arises. Attorney will notify Client whenever the full amount of any deposit has been applied to Attorney's fees and costs incurred on behalf of Client. Within 15 days after each notification is mailed, Client will pay to Attorney an additional deposit in the same amount to be applied in the same manner as the initial deposit. Such additional deposits will be refundable, if at the termination of services under this Agreement, the total amount incurred by Client for Attorneys fees and costs is less than the total amount of all deposits. Attorney agrees to provide, on a periodic basis, a statement of fees and expenses incurred. Client agrees to pay in full the amount of each bill, if money is due, within (15) FIFTEEN DAYS of the billing date.
Any outstanding balances not paid when due as agreed will accrue an interest charge of eighteen percent (18%) per annum from the due date until paid. Attorney shall bill Client for time and costs incurred to collect bills past due for 30 days or longer.
5. DISCHARGE AND WITHDRAWAL. Client understands that in the event Attorney and its attorneys determine in their professional legal judgment that the Writ of Mandamus or other matter should be settled, or otherwise disposed of, and Client does not agree or consent to such resolution, Attorney reserves the right to withdraw as counsel in this matter, subject to court approval if necessary. Grounds for such termination include, but are not limited to: (a) the Writ of Mandamus matter becomes clearly frivolous, unreasonable or groundless; (b) the facts of the case are materially and significantly different than Client stated them; or (c) the representation of Client’s interests requires taking a position in opposition to Attorney's mission. In the event that Attorney withdraws, Attorney will make reasonable efforts to obtain substitute counsel, but withdrawal is not dependent on finding substitute counsel.
6. CONCLUSION OF SERVICES. Client is free at any time to discharge Attorney from representing Client, subject to court approval if necessary. When Attorney's services conclude or are terminated, all unpaid charges shall become immediately due and payable. Attorney is under no obligation to find a replacement counsel. Any continued Attorney involvement in the case will be determined after consideration of all circumstances as they exist at the time.
Client will pay all legal fees and costs incurred prior to conclusion or termination of services. All flat fees will be non refundable once substantial services have been performed. After Attorney's services conclude, Attorney will, upon Client's request, deliver Client's file to Client, along with any unused Client funds or property in Attorney's possession. Attorney will not, however, deliver any information constituting protected work product or privileged information. Client agrees to bear all photocopying and other costs for reproduction and delivery of the file. Attorney agrees to cooperate with any successor counsel to accommodate a smooth transition of the representation.
7. DISPUTE RESOLUTION. Any dispute as to whether Attorney or Client has failed to honor this Agreement or as to the amount of legal fees may be arbitrated in conformance with applicable rules and regulations.
8. EFFORT AND OUTCOME; DISCLAIMER OF GUARANTEE. Attorney agrees to use reasonable efforts in representing Client. Client agrees and acknowledges that counsel may not and has not made any assurance or guarantee about the successful outcome of matters being handled by Attorney. Attorney's comments about the outcome of Client's matter are expressions of opinion only.
9. EFFECTIVE DATE. This Agreement will take effect when Client has performed the conditions stated in section 1, but its effective date will be retroactive to the date Attorney first provided services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have already performed for Client. This Agreement shall be binding upon Client and Attorney.
10. GOVERNING LAW AND CONSENT TO JURISDICTION. This Agreement shall be governed by, and construed in accordance with the laws of the State of Maryland. If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. The parties irrevocably and unconditionally :
(a) agree that any suit, action or other legal proceeding arising out of this Agreement may be brought in any court of record of the State of Maryland in Baltimore County;
(b) consent to the jurisdiction of any such court in any such suit, action, or proceeding; and
(c) waive any objection which it may have to the venue of any such suit, action, or proceeding in any of such courts.
11. PROMISSORY NOTE. In the event of any default by Client under this Agreement, Client agrees that this Agreement shall be construed as a promissory note, and all outstanding payments shall become immediately due and payable, at the option of Attorney, and Client agrees to pay all costs of collection, including forty percent (40%) for attorneys' fees, if placed in the hands of an attorney for collection. Upon default, Client further authorizes any Clerk of any Court of Record in Maryland or elsewhere to enter judgment by confession against Client in favor of Attorney, for the full amount appearing due and payable hereon, together with interest, charges, attorneys' fees of 40% and all other costs of suit. Demand or presentment for payment, notice of dishonor, protest and notice of protest are hereby waived.
12. MODIFICATION. This Agreement may be modified by subsequent written Agreement signed by the parties or by oral agreement where the parties carry it out.
13. CLIENT'S RESPONSIBILITIES. Client agrees to respond to all communications from Attorney immediately when received. Client agrees to appear in court if and when required. Client agrees to notify Attorney promptly of any change in contact information, in the status of his/her employer’s I-140 petition, in immigration status, or in any legal proceedings.
Client agrees to cooperate with Attorney and to provide Attorney complete and truthful information and documentation necessary and proper to this Writ of Mandamus matter. Client understands that Client alone will be responsible for any fees and expenses awarded to opposing parties if such an award is based upon any misrepresentation that Client has made to Attorney or Client’s attorney or representative.
14. CONFIDENTIALITY. Client understands that lawsuits are public information, and are available as a public court document. Client realizes that many courts now have lawsuits and other documents available electronically, accessible via the internet. Client understands that there also may be other individual plaintiffs who may be joined as a group of similarly situated plaintiffs. Client also understands that Attorney and its attorneys may consult and associate with other immigration counsel, Attorney's affiliated bar association, the American Immigration Lawyers' Association (AILA) and its staff, as well as with experts who may assist Attorney in litigating this case. Client therefore authorizes Attorney to discuss information, as needed, with the other plaintiffs, AILA and its staff, and/or experts who may assist Attorney in this lawsuit.
15. PUBLICITY. Client authorizes Attorney to publicize the case in any manner Attorney deems to be in Client’s best interest and in the interest of educating the public about immigrants' rights or immigration law. Client agrees not to make statements to the news media except by arrangement and approval of Attorney. Unless otherwise authorized, Attorney will make any such news announcements on Client’s behalf in this case.
16. FUTURE REPRESENTATION. Client acknowledges that Attorney has no obligation to represent Client or to secure representation for Client, in any subsequent stage of this litigation or in any proceedings, or in any legal matter that Client may have.
To ensure that this Office has correctly set forth your understanding relating to our engagement, please return a copy of the entire Agreement signed by you in original, along with the fee, on or before thirty (30) days from the date of the initial discussion regarding this Agreement.
PLEASE NOTE : WORK CANNOT BEGIN ON THE CASE UNTIL THE FOLLOWING IS RECEIVED BY THIS OFFICE :
• a signed Agreement in its entirety; and
• the initial payment of $3,500 made payable to the Law Firm.
• the completed Required Contact Information page. (Next page.)
"Attorney"
Posted by Crusader on 15 Apr 2008InspectorFox,
Did ur previous employers get into any kind of trouble with DHS, FBI, IRS, INS.etc Were they ever blacklisted for some reason. I had a friend whose I-140 took 18 months in TSC (Aug-2001 subs labor) bcos of his prior employer's shady history. He was called for interview in local field office (Fraud Division Wing) and asked for all previous year W-2s and paystubs.etc
And I-140 security check, hopefully shud be different than the FBI namecheck (biometric), right?
Did ur previous employers get into any kind of trouble with DHS, FBI, IRS, INS.etc Were they ever blacklisted for some reason. I had a friend whose I-140 took 18 months in TSC (Aug-2001 subs labor) bcos of his prior employer's shady history. He was called for interview in local field office (Fraud Division Wing) and asked for all previous year W-2s and paystubs.etc
And I-140 security check, hopefully shud be different than the FBI namecheck (biometric), right?
Posted by InspectorFox on 17 Apr 2008My employer founded the company in 1973. I am not aware about any shady history but it's something I would surely investigate.
Here is the latest update on my case -
Preparing to file Writ of Mandamus shortly: Cost - $3500
Legal Represenatation Agreement received by attorney's office on April 16, 2008 to file a Writ of Mandamus lawsuits which should compel USCIS to make a decison on my I140 petition pending for 562 days.
The attorney in charge of my case will review my file and I should receive communication from the paralegal assigned to my case in approximately one week.
Here is the latest update on my case -
Preparing to file Writ of Mandamus shortly: Cost - $3500
Legal Represenatation Agreement received by attorney's office on April 16, 2008 to file a Writ of Mandamus lawsuits which should compel USCIS to make a decison on my I140 petition pending for 562 days.
The attorney in charge of my case will review my file and I should receive communication from the paralegal assigned to my case in approximately one week.
Posted by iamout on 18 Apr 2008InspectorFox
Do you know any one from your employer in the same situation of Security checks? Do you think other employee got 140 approvals with out any issues ?
Do you know any one from your employer in the same situation of Security checks? Do you think other employee got 140 approvals with out any issues ?
Posted by InspectorFox on 18 Apr 2008Only my case has been stuck while others filed along with mine and later have been approved.
BTW - Here is another update on my case. I had sent an email again to USCIS TSC & got an immediate reply back from the IO.
Dear Immigration Officer,
This is just another polite follow up… Has there been any change of status to my I140 petition (SRC070045XXXX) pending with USCIS Texas Service Center now for 563 days since October 03, 2006?
I’ll greatly appreciate if you could kindly investigate the reason for this delay in processing my case with the concerned TSC Review Unit.
Thanking you in advance.
Sincerely,
InspectorFox
Here is the reply from the IO at USCIS TSC --
This petition is currently being held by the Review Section at TSC. This section coordinates between the TSC and USCIS National Headquarters for special guidance and directives for processing this pending petition.
When that section receives those directives and special guidance: they will send that case back to Exams (Our Section) and we will make a final decision. After the decision is made, then the Premium fee will be processed for refund.
Meanwhile, I am over a barrel as to when that file will come back to our sections for final disposition.
TSC IIO, XM0165
BTW - Here is another update on my case. I had sent an email again to USCIS TSC & got an immediate reply back from the IO.
Dear Immigration Officer,
This is just another polite follow up… Has there been any change of status to my I140 petition (SRC070045XXXX) pending with USCIS Texas Service Center now for 563 days since October 03, 2006?
I’ll greatly appreciate if you could kindly investigate the reason for this delay in processing my case with the concerned TSC Review Unit.
Thanking you in advance.
Sincerely,
InspectorFox
Here is the reply from the IO at USCIS TSC --
This petition is currently being held by the Review Section at TSC. This section coordinates between the TSC and USCIS National Headquarters for special guidance and directives for processing this pending petition.
When that section receives those directives and special guidance: they will send that case back to Exams (Our Section) and we will make a final decision. After the decision is made, then the Premium fee will be processed for refund.
Meanwhile, I am over a barrel as to when that file will come back to our sections for final disposition.
TSC IIO, XM0165
Posted by dk140 on 23 Apr 2008Hi InspectorFox.
Can u please post the email address(USCIS TSC).
DK140
Can u please post the email address(USCIS TSC).
DK140
Posted by InspectorFox on 23 Apr 2008Got the magic mail just now after 568 days ... APPROVED!
Thanks a ton for all your best wishes and prayers!
Good Luck
DK140 - You can only email them if you filed or upgraded to premium processing
Thanks a ton for all your best wishes and prayers!
Good Luck
DK140 - You can only email them if you filed or upgraded to premium processing
Posted by habsim672 on 23 Apr 2008Mubarak, Finally you got approval. This give hopes to others.
Posted by brokenarrow on 23 Apr 2008Congratulations.
Posted by dk140 on 23 Apr 2008Congratulation...........................
I hope to get the approval soon.
Did you file writ of mandamus.
Can you please forward me the email address where you contacted uscis(TSC)
Thanks.
Deepankur
I hope to get the approval soon.
Did you file writ of mandamus.
Can you please forward me the email address where you contacted uscis(TSC)
Thanks.
Deepankur
Posted by FLLC on 23 Apr 2008Congratulation~!
It's a really good and amazing news to hear.
Did you finally file writ of mandamus?
Did you have any LUD before approval?
Wow.. I am happy for you and hope to hear same good news for my case.
It's a really good and amazing news to hear.
Did you finally file writ of mandamus?
Did you have any LUD before approval?
Wow.. I am happy for you and hope to hear same good news for my case.
Posted by clockwork on 23 Apr 2008Congratulations!!! I am just curious, did you apply more than one I-140? Trying to figure out criteria for security check.
Posted by InspectorFox on 23 Apr 2008DK140 - Here is the email address - tsc-premium.processing@dhs.gov
WARNING! - USCIS will not respond back if your case was not filed under premium processing.
Here are some personal tips if you do not heed could have adverse on the case processing
1) Please be polite in your email.
2) Send emails to check status once in a month.
3) Do NOT spam them or harras them.
I was in the process of filing WoM. I was going to mail the attorney's fee tomorrow.
I did not get any LUDs before my case approval and also I just got 1 email instead of ususal 3.
WARNING! - USCIS will not respond back if your case was not filed under premium processing.
Here are some personal tips if you do not heed could have adverse on the case processing
1) Please be polite in your email.
2) Send emails to check status once in a month.
3) Do NOT spam them or harras them.
I was in the process of filing WoM. I was going to mail the attorney's fee tomorrow.
I did not get any LUDs before my case approval and also I just got 1 email instead of ususal 3.
Posted by InspectorFox on 23 Apr 2008clockwork - This is my only I140 application. Also my case is not a labor substitution but PERM.
Posted by successhere on 23 Apr 2008Hello InspectorFox
Hearty Congratulations on the fruits of your patience!:)
You have been one good leader and inspiration to all of us here!
Good Luck in your future processes..
Hearty Congratulations on the fruits of your patience!:)
You have been one good leader and inspiration to all of us here!
Good Luck in your future processes..
Posted by cookie123 on 24 Apr 2008Congratulations, InspectorFox!
Posted by InspectorFox on 24 Apr 2008Thank you friends ... greatly appreciate all the support during these challenging times.
Good luck and Best wishes!
Good luck and Best wishes!
Posted by ajz3 on 28 Apr 2008InspectorFox. Congratulations man. You finally got approved. I am still in the same situation. I just called them this morning and they told me I will have to get my lawyer or the person who is sponcering me, to call them. Since I am the 3rd party they cannot give me any info. Please give me any tips man? I am getting desperate. You know how that feels. Thanks and congrats.
Posted by InspectorFox on 01 May 2008AJZ3 - You can email them to check status if you have filed premium processing. Contact your Congressmans office and ask them to follow up on your case. Lawyers are of no help but contact the Para Legal and ask them to open a SR. Also your employer can open a SR or you can pretend to be the employer :) I wish you good luck and keep faith... your turn will be next!
Posted by Crusader on 01 May 2008InpsectorFox,
If I call USCIS tollfree and prtend as the employer, wat kind of information wud they ask me/
If I call USCIS tollfree and prtend as the employer, wat kind of information wud they ask me/
Posted by InspectorFox on 06 May 2008CnStudd... just tell them the truth that you are the beneficiary of this I140 petition and not the employer. They will ask basic questions like your Name, Address, etc.
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