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

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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. 

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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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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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

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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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. 


03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received

 

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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.

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