Discuss cuckoo's I-140 USCIS Case

I-140 case:
India
primary
Texas
EB1C
22 Aug 2008
25 Aug 2008
26 Aug 2008
concurrent
regular
yes
07 May 2009
May rfe lost. rfe dated June 5 received on june 15-Managerial duties and organizational charts from US and Foreign Company.
28 Aug 2009
denied
20 Jan 2010
516 days
20 Jan 2009
09 May 2009
20 Jan 2010
CIS received date for rfe response 8/31/09. SLUD on 9/1 & 9/3. Call from IO on 9/16 to atty to understand the case.....IO said e should hear from them in 7-10 days. nothing since then. Two SR's raised on Oct 4, 2009, and Jan. 14, 2010. Waiting for denial


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Users currently watching this case: kazzuk, cuckoo, 140485, raleighnc, ADACANADA, JustGreen, doors 42 Comments

Posted by kazzuk
19 May 2009 #1
Have you received your RFE letter yet? If so, what are they asking for?
Posted by cuckoo
19 May 2009 #2
still waiting
Posted by kazzuk
29 May 2009 #3
Has it arrived yet?
Posted by cuckoo
29 May 2009 #4
No. Got the lawyers to contact USCIS after 14 days. They were told it must be on its way and to call if does not arrive next week. its been a week today but the lawyer was dragging his feet and managed to dodge calling them today. ............
Posted by kazzuk
12 Jun 2009 #5
Have you got it yet?
Posted by cuckoo
12 Jun 2009 #6
No. the law firm said the cis resent rfe on June 1 following their call. Meanwhile the online status showed a new date for the rfe sent date. it now shows June 8 rather than May 7. i am in the process of changing the lawyer. hopefully, the new guys will be able to get their hands on it.
Posted by kazzuk
16 Jun 2009 #7
Here is the link that I have provided for others with RFE, many have gained approval after following these guidelines. Good luck! http://www.visalaw.com/03sep3/12sep303.html
Posted by cuckoo
16 Jun 2009 #8
Thanks a lot. I had picked it up from one of your earlier posts . And before I could bring it up Ron Gotcher, my new atty, already started on that road. I feel like I am in good hands and things are taking a turn for the better. I wish you lots of luck too. I noticed you are one of the few that USCIS has chosen to ignore while merrily approving April 09 cases!
Posted by kazzuk
16 Jun 2009 #9
Ron Gother is an awesome lawyer, you are in safe hands. Yes, alas I am one of the forgotten ones. Good luck and keep us posted.
Posted by kazzuk
28 Jul 2009 #10
Have you sent your response back yet?
Posted by cuckoo
28 Jul 2009 #11
Nope. Got an extension. I am tired of trying to pushing but seems like the immigration lawyers don't ever feel the need to hurry on anything or I am not able to get across to them ............
Posted by kazzuk
09 Sep 2009 #12
Any updates on your case?
Posted by cuckoo
09 Sep 2009 #13
I filed the response with AC21 invocation late last moth-see update on the I-485 tracker. Keeping my fingers crossed......It was a nerveracking 6 months...
Posted by raleighnc
19 Oct 2009 #14
Hi Cuckoo, do you have your own business as far as Eb1C is concerned or do you work for a organization?
Posted by kazzuk
20 Oct 2009 #15
Any updates yet?
Posted by cuckoo
20 Oct 2009 #16
None.
Raleighnc, I used to work for a large MNC.
Posted by kazzuk
31 Oct 2009 #17
Cuckoo - 7 - 10 days and then nothing. It is outrageous. Has your lawyer followed up via the new email system?
Posted by cuckoo
31 Oct 2009 #18
nope. he was uunwell when i called yesterday and will be away next weel on a vacation after 3 yrs! I can wit. I didn't know about new e-mail system. I sent him (Ron) a mail about possible options at this stage. The IO was ready to deny when she called on the basis that i had left sponsor! She was explained the case properly and i understand that she seemed satisfied. Ron was optimistic. I have seen enough of CIS to be...I am preparing to fight it all the way
Posted by kazzuk
31 Oct 2009 #19
Unbelievable! The wait just goes on and on. I wish you all the best.
Posted by cuckoo
31 Oct 2009 #20
you too.
Posted by kazzuk
12 Nov 2009 #21
Any news yet?
Posted by cuckoo
12 Nov 2009 #22
We sent an e-mail which is supposed to be a SR. CIS is supposed to respond in 45 days which is till Dec. 19th. More wait and watch I guess. Ruining my hope of planning a trip to India in the holiday season............
Posted by raleighnc
15 Nov 2009 #23
cuckoo, we are in the exact same boat and the wait sucks. do they have to reply the SR? I am told 45 days too.

on the other hand, I just saw that somebody got approved in 39 days !

Posted by raleighnc
15 Nov 2009 #24
140485 was Approved in 31 days (253 days less than average) - damn, good for him/her.....but this is annoying me
Posted by cuckoo
15 Nov 2009 #25
I am told that they either send a note to the employer (not the lawyer even if the employee is porting the I-140!) explaining what they need or decide the case within those days. If they don't do anything then we neeed to go the ombudsman and wait another 75 days. USCIS are a law unto themeselves-literally. I am finishing my law school this semester and have taken immigration law thanks to my misdventure in running into them (have been with patent law for 10yrs and didn't care much for other laws). The truth is that immigrants have very few rights, don't get their day in court and very few constitutional rights........They are just supposed to pay taxes and medicare and social securit....but when it comes to right, all constitutional rights are curtailed in immigration matters. And, this does not change with getting LPR status. Better get your citizenship, ditcch your mother country or you can be thrown out of this country for any or no reason..........Sorry, I am not being helpful or optimistic but the land of the free (and of immigarnts) has always treated immigrants with contempt
Posted by raleighnc
15 Nov 2009 #26
I agree 100% - its annoying and unfair
Posted by cuckoo
15 Nov 2009 #27
If only, such information is available upfront, immigranyts will have the opportunity to think before they put their lives in a limbo.........
Posted by kazzuk
15 Nov 2009 #28
I agree, either let us in to stay or don't let us in. I know 3 families that came here on E2 visa's and are all now back in the UK. They all went back hundreds of thousands of dollars worse off. In fact none of them can afford to buy a home now. They thought that they would be welcomed and treated fairly, they employed Americans and did what they were supposed to do. However, on renewal their visa's were denied because sales were lower than projected (even the recession as an argument, did not convince the USCIS).
Posted by cuckoo
15 Nov 2009 #29
Having worked in the UK in similar status, I can't begin to tell how differently the english treat non-citizen. Way lower taxes for being a temproray resident, if you are their for 4yrs you can get the equivalent of a green card, you can get a work visa for 5yr from the get go, and if you are a commonwealth nation's citizen, you get to vote in the general elections!
Posted by raleighnc
15 Nov 2009 #30
one could get a UK PR by just employing 1 person and investing just 200K pounds , after 4 years being on PR you can get citizenship which is usally approved within 1 year. This is true for Canada also.

I just can't imagine that in spite of a failing economy here in US, USCIS is blind to small business beneficiaries creating jobs here. In my case that is creating 48 full time direct jobs here and paying 11% of the payroll in payroll taxes. I swear to God, I least care about the PR result. I just want to get over with it 1 way or the other and no I am not going to close down my business or anything. I will just operate from outside, hire everybody on 1099 and avoid all the payroll taxes and whatever is possible lawfully for foreigners doing business in US without working in US. I have a 10 year b1/b2 visa after my current visa expires in nov 2011.

On the other hand a PR would just help me concentrate on expanding my business.

I just hope we are all close to getting PRed.
Posted by cuckoo
15 Nov 2009 #31
CIS or even the legislators are not looking at the cost benefit analysis. For the politicians, everything is governed by vote politics, just like back in India. CIS is legendary for its utter disdain for its customers-the immigrants. There is no accountability. The general indifference, suspicion, or even resentment for immigrants by the polity and people obviously helps USCIS go on their merry way harassing their customers.
The bottom line is it saps a lot of time and energy moving from one country to another. I couldn't care less for a GC if I could work here as long as I wanted on a visa without worrying about getting it sponsored and porting and so on...Having moved two countries in 5 yrs, I just don't have the stamina to move back and forth for now...As Kazzuk said, we just want the process is to run its proper course, whatever the outcome. And we have not seen what the EB2 and EB3 have been going through in the last 10yrs waiting forever.... It's all about a fair and transparent process.
Posted by kazzuk
23 Nov 2009 #32
Hey cuckoo, any news yet?
Posted by raleighnc
23 Nov 2009 #33
a lot of people before me and after me have gotten approved! I am not sure what is my fate. Every morning I tell my wife that hopefully we will hear some news today, only to get disappointed later in the evening. :(
Posted by cuckoo
23 Nov 2009 #34
Nope. I am not that optimistic as you Raleigh. I expect them to drag their feet all the way and then probably deny. Once you hit bad luck with CIS it just drags on. I am filing for an H1B for back up, before the cap is reached for 2010. That way I will have my back covered as I fight it out with CIS.....
Posted by JustGreen
08 Feb 2010 #35
cuckoo,
Did you get your denial yet? Let me know, if I can help.
JustGreen
Posted by cuckoo
08 Feb 2010 #36
Thanks, Justgreen. It has not turned up yet. Everything the USCIS supposedly send goes to some Bermuda triangle and gets lost.......I wonder if they ever really mail anything the first time round. It's just so much fun to harass .................I will let you know as soon as my lawyer is able to chase this down.
Posted by JustGreen
08 Feb 2010 #37
I understand the frustration. But, you do know that you can call and get them faxed to you, correct? I did the same with my 485 RFE.
Posted by cuckoo
08 Feb 2010 #38
nope. this is the I-140. I can't do anything. The lawyer did call them to inform that we have not received it. He has also notified them in writing. That stops the clock from ticking. I don't think they fax routinely or my lawyer should have gottent it by now.
Posted by cuckoo
08 Feb 2010 #39
It took 40 painful days to get hold of the RFE in this case. I guess ou were lucky. Did you have premium processing?
Posted by JustGreen
08 Feb 2010 #40
Premium processing was not available at the time of application.
My 140-RFE took long to get a decision (denial). And even longer to get MTR approved. I kept knocking the doors often both directly and indirectly (through congressman), till they opened.
Posted by cuckoo
08 Feb 2010 #41
I meant lucky about them faxing the RFE to you. I am sure you went through a long harrowing experience. nobody who get an RFE and denial can be called lucky for the most part. Glad you are done with this.
Posted by doors
01 Oct 2010 #42
Cuckoo,

Any updates on your case?

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