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Topic: For InspectorFox
Hi,
My 140NIW has been pending at TSC since Jan12 2007. I have filed two SR's and my lawyer has now filed an enquiry with the ALIA liason. Did you try this route? At the first SR I was told that my application needs additional review, at the second SR I was told that soem officer looked at teh case on Sept 27th and I should hear something in 60 days. Still nothing...I am not sure if my case is stuck in NC or secutiy check since that was never mentioned.
What does your attorney say?
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Murthy Law Firm is represnting my case and according to my attorney once you are stuck in security check there is nothing much that can be done to expedite the processing. The external unit which is responsible for doing this additional review on our cases at USCIS will not give any informatiom and the petition will return back for adjudication only once the security checks has been completed.There is no time frame for this. Contacting AILA or opening SRs does not seems to be of help.
I have also contacted the local Congressman and plan to contact the CIS Ombudsman very soon. Only thing my attorney has been advising me is to file a Writ of Mandamus against USCIS to find out the reason for this delay. WOM is an expensive route to take (Approximate cost is $5000) and I am going to wait for a few days before I choose to sue USCIS.
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Inspector
So does that mean everything else is clear on the case for adjudication except for the SC/NC?
Heard so much about CIS Ombudsman; never bothered to know what that was though:).
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Inspector Fox:
Murthy Law Firm is represnting my case
[whistles with admiration] Wow, congrats.
Good luck w/ your I-140.
********** ********** ********** **********
SuccessHere:
Heard so much about CIS Ombudsman; never bothered to know what that was though:).
Ombudsman = person within an organization that bridges said organization with its customers. Sort of public relations.
USCIS Ombudsman = the guy who created this report: http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
His biography is at page 144 (of 145). A very interesting lecture, his report...
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Inspector Fox:
Murthy Law Firm is represnting my case
[whistles with admiration] Wow, congrats.
Good luck w/ your I-140.
********** ********** ********** **********
SuccessHere:
Heard so much about CIS Ombudsman; never bothered to know what that was though:).
Ombudsman = person within an organization that bridges said organization with its customers. Sort of public relations.
USCIS Ombudsman = the guy who created this report: http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
His biography is at page 144 (of 145). A very interesting lecture, his report...
Nothing really excites me about MLF... Naam bade aur darshan khote ;) |
Nothing really excites me about MLF...
Well I surely hope your company is paying for them... :-)
Naam bade aur darshan khote ;)
Dude, you made me google it. (I'm not Indian...) It seems it's a famous song by Albela (?): http://www.screenindia.com/20020215/ftrib.html that was the sound-track of a well known movie. What does it mean?... |
Nothing really excites me about MLF...
Well I surely hope your company is paying for them... :-)
Naam bade aur darshan khote ;)
Dude, you made me google it. (I'm not Indian...) It seems it's a famous song by Albela (?): http://www.screenindia.com/20020215/ftrib.html that was the sound-track of a well known movie. What does it mean?...
Sorry bro ... Naam bade aur darshan khote means "Big name and false claims"... unless someone has another translation for this. |
I am with MLF too and have not been impressed by them greatly, but they do sap your bank account -
Yes, I paid all of it myself and I am only a trainee :(
Did not know better to choose another attorney.
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What can I say. I was (and actually still am...) under the impression that Sheila Murthy is one of the top lawyers in the country (along with Siskind from ILW, Shusterman, etc). Maybe she's only worth it on really, really hard cases with tons of problems.
And yeah, I bet she can drain a bank account... I've heard some unbelievable numbers, don't know how reliable though.
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What can I say. I was (and actually still am...) under the impression that Sheila Murthy is one of the top lawyers in the country (along with Siskind from ILW, Shusterman, etc). Maybe she's only worth it on really, really hard cases with tons of problems.
And yeah, I bet she can drain a bank account... I've heard some unbelievable numbers, don't know how reliable though.
You are right about the high fees MLF charges. I have no complains about their service but you have more expectations from them as far as results are concerned. My PERM took over a year to approve and now my I140 is stuck for over a year. I believe if MLF had filed my case deligently then the outcome would have surely been different. I am not bashing MLF but I have used the services of other lawyers like Alan Heckler, Kamlesh Tewary, etc and I think they also do an equally good job for lower fees. I think its just a myth that hiring a top law firm will resolve your immigration problems. |
Well now that the fees have increased (USCIS and Attorney)... I can only sympathise with people comming here empty handed for pursuing there dreams...
Dhananjay
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Well, there is a sad thruth about what counts as a top law firm. The sad truth is that, with 3/4 of the world's share for business-related immigration controlled by a single immigration law firm of Fragomen LLP (with Emigra LLC in a very distant second place), none of the mentioned above lawyers (or any other lawyer working with individual clients) can be called a "top lawyer". It's Fragomen which rich corporations hire to deal with their immigration matters. It's a plush job at Fragomen which senior CIS management wouldn't mind to land upon leaving the government service. As much as individual immigration lawyers want to look big and top of the field, the sad thruth is that it is not them USCIS listens to. It is not them who has a leverage with CIS to expediate their clients' cases. Monopoly is a monopoly even in the business of the immigration law.
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[...]The sad truth is that, with 3/4 of the world's share for business-related immigration controlled by a single immigration law firm of Fragomen LLP [...]
Burkino, I know you only post insightful and verifiable things, and thus I don't challenge the 75% number. But I do wonder what percentage of the EB AoS apps. currently pending at USCIS are handled by Fragomen. Based on purely anecdotal "evidence", some people seem to have absolutely clueless lawyers who have no idea whatsoever about the process and/ or communicate poorly if at all. Many others seem employed by lousy companies who defer filing and/ or do not provide the necessary support, and who are not high on my list of suspected Fragomen customers...
Of course, trackitt is a very small sample, and therefore it may well be that Fragomen is handling every other case out there...
Lastly, friends of mine are working for hi-tech companies on the "Best companies to work for" list, for whatever the list is worth (and so do I actually... no names); none of them deals with Fragomen. Again I'm not contradicting you by any means (I have no facts whatsoever to state the contrary of your claim); I'm just wondering who are those clients who make up 75% of the market share... Cheers! |
InspectorFox,
Can you go for WOM for I-140 ??
Starter
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Interesting discussion on Fragomen...My company was recently acquired by another giant corp ( best in the field). I grew suspicious that my position may be eliminated. I interviewed with big firms... Gotten an offer from two big firms..Interesting enough, both of them uses Fragomen..
Sadly I could not join any of them as Fragomen does not support Yates 2005 memo which allows ppl like me to port over using unapproved I140 petition. I decided to stick to my employer and take a chance.. On the separate note, has anyone heard of anyone using Yates 2005 memo successfully?
Yesterday I frantically followed with my legal firm to find out the status of I140 amendment (to reflect corprate change), only to find out that they are in the process of transferring my file to Fragomen which is the official law firm of new employer now.
So I guess Frogomen is everywhere. Plus mind you, Fragomen represents very big corp where you would literally find thousands of immigration community. I can provide you names of these clients if you wish....:)
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Share of Fragomen is known from many sources. For example, from the lawsuit by Emigra LLC against monopolistic practice of Fragomen LLP: http://www.bibdaily.com/pdfs/Emigra%20v%20Fragomen%20Suit.pdf (see bottom of p.4). On a personal note, I do know people represented by Fragomen. For example, Lucent Technologies got a GC to my friend through Fragomen in under 2 months. I can only assume that people, who get their paperwork through USCIS with the help of Fragomen so quickly, do not have any reason to troll immigration forums on the net as much as we do.
gobulls:
Yates 2005 memo from May (allowing AC21 with unapproved I-140) was overturned with Yates 2005 memo from December (requiring an approved I-140 for AC21).
UPDATE: Ooops, scratch the above. Sorry, folks, for causing confusion. Probably, my morning coffee was not good enough today. I didn't mean to say "approved" but "approvable without RFE". The new memo clarified exactly this issue of RFE on unapproved I-140 after AC21 was invoked. Anyway, porting with unapproved I-140 is indeed possible but risky because nobody can guarantee that no RFE will be issued or that old employer will answer the RFE. And if not then the following http://www.ilw.com/immigdaily/cases/2005,1110-divinejan1205.pdf will take place. Sorry again for a temporary short circuit in my brain.
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InspectorFox,
Can you go for WOM for I-140 ??
Starter
My immigration lawyer has adviced me to file a WOM for my pending I140. |
InspectorFox,
Are you filing WOM through Murthy ? It will be very expensive. You can also do it by yourself. But I am not sure whether you are allowed to do so for I-140 as it is for your employer.
In fact, MLF has also filed my case. They are slow...isn't it ? But I do understand that they have lot of clients.....
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InspectorFox,
Are you filing WOM through Murthy ? It will be very expensive. You can also do it by yourself. But I am not sure whether you are allowed to do so for I-140 as it is for your employer.
In fact, MLF has also filed my case. They are slow...isn't it ? But I do understand that they have lot of clients.....
You are allowed to file WOM by yourself. I have gathered all the information needed for doing this on your own. Murthy could charge anywhere around $5000 for this but will generally ask you to seek service of another lawyer (not immigration)
MLF is not proactive with USCIS on case follow ups and I think my case was never filed diligently else I don't see any reason for this delay in both my PERM and I140 approvals. I don't think you become a top law firm by just having a good website. I would tail USCIS for any pending case if I were a lawyer :) |
For example, Lucent Technologies got a GC to my friend through Fragomen in under 2 months.
Wow... from LC filing/ I-140 filing to 485 approval? Pretty darn cool. Wild guess: it happened before the madness, LC was not needed, I-140 was PPed, PD was always "C" and I-485 got through really quick (perhaps w/ a bit of "push"). Do I happen to be correct? In any case, congrats to him.
Yates 2005 memo from May (allowing AC21 with unapproved I-140) was overturned with Yates 2005 memo from December (requiring an approved I-140 for AC21).
Wow! Now THAT is interesting news. Could you please provide a link to the Yates guidance from December 2005?
All I have is the one dated May 12, 2005: http://www.immigration.com/newsletter1/newac21guidance.pdf
A link to the December 2005 guidance would be much appreciated -- thanks!
Lastly: is that (December 2005) the latest guidance available? Thanks! |
InspectorFox,
Let us know what you do (We hope you will not require WOM). If you hire any lawyer other than MLF, please share your circumstances with us.
Starter
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I don't think you become a top law firm by just having a good website. I would tail USCIS for any pending case if I were a lawyer :)
Then I would love to have you as a lawyer :). Recently I came up to know that our law firm (which I HATE) filed 1400 AOS applications in July/August. There are 6 lawyers there. I agree that the applications are written by paralegals, but the lawyer signs them and presumably checks. I don't see how they can tail USCIS with that load ....
PS. Their website sucks big time, but that does not mean that bad website -> good lawyers. |
InspectorFox,
Let us know what you do (We hope you will not require WOM). If you hire any lawyer other than MLF, please share your circumstances with us.
Starter
It is important to note that WOM is not used to force the USCIS to reach a favorable result, but only to take action that it is legally obligated to take. It can result in a denial of the application.
Before filing the lawsuit, there are a number of steps that should be taken. This is so that when the suit is filed, the plaintiff has clearly done everything they can, short of filing a lawsuit, to resolve the problem. A plaintiff who appears in court without having attempted to resolve the situation in other ways will not be particularly sympathetic, whereas one who has will be.
My immediate next step is to contact CIS Ombudsman for my delayed case and wait a lil longer to file WOM. |
raleigh,
I am agree with you. But usually, paralegals write the applications and lawyers sign them (correct me if I am wrong).
My law firm did the same thing with me. They are very organised (Hey, if you are slow, you are normally more organised). But I am not satisfied with their case follow up with USCIS.
An example:
My law firm filed my I-140, I-485, I-765 and I-131 at the same day. The applications for I-485, I-765 and I-131 were at the same package and the uscis fee along with biometric fee was also at the same check. The check was cashed on 22nd October. I got my receipt notice for all except I-765. I contacted paralegal and was told to wait. I was a bit impatient waiting after 4 weeks and took an infopass appointment and was told that I-765 was not filed. I informed the paralegal regarding these. She was surprised and later told me that they had enquired uscis regarding this on 21st November. Still now..no news. Nothing. Wait..wait ...wait and wait..I am wondering, if it happens about my receipt notice, what is going to happen for my GC. So, I am definitely not satisfied with their case follow up service with uscis.
Starter
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Here is another update on my case. I had sent an email again to USCIS TSC yesterday 04/18/2008 & 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 - I am in the process of filing a Writ of Mandamus very 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 564 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.
Just an update ... Here is what I replied back to the IO on Saturday -
Dear Officer:
Thank you very much for your comforting reply. I greatly appreciate your efforts.
I am aware USCIS follows defined standard operating procedures for each immigration case but I guess my case is one of those which requires special treatment :)
I have been concerned about the delayed processing of my I140 petition as the Last Update Date on the USCIS Case Status Online site has not changed since 07/28/2007.
I can only continue to wait patiently at this time, hoping USCIS will adjudicate my case sooner rather than later.
Thanks again,
InspectorFox
And my case finally got APPROVED today 04/23/2008 at 1.45 PM after 568 days :)
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Good luck, InspectorFox.
Your wail should come to an end very soon.
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Good luck, InspectorFox.
Your wail should come to an end very soon.
Thanks - I think I need all the best wishes and prayers now :) |
Got the magic email - Finally approved today at 1.45 PM after 568 days :)
Good luck to all.
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Congrats !! Now wait for I-485..
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Congrats Inspector Fox !! Enjoy the limited freedom - that was a long wait.
I have been waiting for my 140 since Mar'07 - How do I know if mine has been stuck in the SC/ NC? I see so many 140's be approved quickly, why was your specifically targeted for SC/NC ?
Any ideas
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InspectorFox - congrats on your approval, your struggle is an inspiration to everyone on the forum, Never say Die !
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Got the magic email - Finally approved today at 1.45 PM after 568 days :)
Good luck to all.
congrats.... Inspectorfox...
Bless me also ...
my case also background check pending since Aug/21/2006 .....
ram140 |
InspectorFox, What does that mean? Did they clear your name check? Or Have they finally bend down to your (potential) mandamus law suit?
Congrats anyways.
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InspectorFox, What does that mean? Did they clear your name check? Or Have they finally bend down to your (potential) mandamus law suit?
Congrats anyways.
I did not file the WoM lawsuit. I think they finally cleared the Name Check.
Thanks to all for their best wishes... Goodluck to all waiting patiently :) |
I joind the club too, Congrats Inspector Fox
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Hi InspectorFox,
Can you please give me the e_mail ID for TSC IO. appreciate your help.
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Hi InspectorFox,
Can you please give me the e_mail ID for TSC IO. appreciate your help.
Here is the USCIS TSC Premium Processing Status Check 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 pay attention to could have adverse effect on your case processing... so proceed with caution. Technically USCIS is not answerable to you but your employer or their legal representatives.
1) Please be very polite in your email.
2) Send emails to check status once in a month or 2.
3) Do NOT spam or harras them. |
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Users currently subscribed this discussion: InspectorFox, Wtng4Ever, cettvm, Starter, successhere, gobulls, Anna35, vikram450, brewtus, DesiNoGC, JYOTI
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