Jump to content
Akkkkk

I-140 application lost uscis!! Need urgent help/advice

7 posts in this topic

Recommended Posts

My company's attorney applied my i-140 in premium processing on 21st Dec 16, for next 23 days no receipt number or response was received.  After pestering my attorney to contact uscis,  2 days later my attorney said that uscis says that my application was never received, basically uscis lost it. Attorney also mentioned that they sent bunch of applications together and ONLY mine was lost at uscis (little hard to believe). Now my attorney suggests that we re-apply but in standard and then upgrade to PP,  since we dont have receipt number from Previous filling that's why we can not re-apply directly in PP. I find all this shady. I paid for PP from my pocket and when I ask attorneys to provide any kind of proof of the i-140 application submitted in PP they refuse by saying  that "it's an employee based petition and they can't share it". Please tell me how correct is my attorney in saying that we can't re-apply in PP? Also,  what are my other options? Should I contact uscis directly? And should I contact ombudsman about my case?  Please Please help. I feel I am being taken for a ride by my employer and attorney. 

Share this post


Link to post
Share on other sites

Does the attorney have tracking on the file he sent, via the postal system?  The Ombudsman can;t really do anything, as there is no record of your petition ever having arrived.  If you think your employer is taking advantage, get another employer.

Share this post


Link to post
Share on other sites

Give USCIS at least 30 days for the receipts. Typically it takes about 2-3 weeks to get the receipt but the holidays have slowed everything down. Also note that most forms (including I-140) were updated at the end of Dec and USCIS can reject the old versions at their discretion. 

 

Are you EB2?  

Edited by randomstairs

Share this post


Link to post
Share on other sites

I don't know how the PP works for your case. For H1B the PP doesn't help at all if you don't have the receipt numbers in hand (so it may take months before the PP kicks in).  But it seems surprising to me that re-application would be any different than the first application. 

Share this post


Link to post
Share on other sites

 

 

USCIS should have adjudicated the petition 15 days after receiving it, if it really was filed with premium processing. Also, your lawyer should have received an email from the service center confirming that the petition was received, and this email should have included your petition receipt number.

 

I do not think that USCIS will let you premium process the second I-140 if it was based on PERM, as you would be filing without the original 9089.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×