I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
USCIS NE has indicated that, usually NSC transfers the case to AAO within 30 days if NSC is not going to reopen the case on their own motion. In some instances, the file goes to another office and NSC is not able to make a decision soon as they need to get the file first for review. In case the center decided to open their own motion and as they need time to make a decision a period of 45-60 days is normal. NSC suggested waiting 60 days before submitting inquiries.
Inability of getting a duplicate original from DOL
As per the recent update from NSC, if an applicant cannot provide a copy of the original or any proof showing that the labor cert was approved by DOL then the NSC will deny an I-140. The case will not be denied if there is reasonable evidence that there is a certification. These cases might take longer and the applicant cannot expect it to be processed within the posted processing timeframe. NSC will adjudicate the I-140 based on the evidence it has if the right evidence is provided and NSC is not able to obtain a duplicate labor certification from DOL.
Sole proprietors and Ability to pay
NSC has acknowledged that in some cases it will be necessary to review sole proprietor’s personal expenses to establish whether the income from the business is actually available to pay the proffered wage rather than cover the sole proprietor’s personal expenses. Sole proprietors are unique in that their personal income can be used to establish ability to pay. For more information on this please visit SOP (Standard Operating Procedure) http://www.sba.gov/
Invalidating the labor certification
If the information in the labor certification shows possible fraud or falsification NSC will consider invalidating the labor certification. petitioners should receive an NOID in such situation.
Fingerprints
In a recent update, NSC said that for about 95% of cases where the initial fingerprints were taken after Jan. 1, 2006 NSC is now able to refresh fingerprints internally. Fingerprints taken between late 2007 and early 2008 had system breakdowns and hence in a situation like this new biometrics appointments will be required but will be required only once. An ASC appointment notice is sent out sometimes when fingerprint data are missing from the system. When the prints are expiring they are either refreshed internally or new biometric appointment notices are sent. To keep these current two NSC analysts work full time. Only about 5% of all cases need to be rescheduled for ASC-the rest are refreshed internally by NSC.
Consolidating files between NSC and TSC
NSC has recently cleared the confusion regarding where to file the ancillary applications when 485 is pending and the applicant has moved. The EAD and Advance paroles have to be filed with the Service Center having geographic jurisdiction. The principal applicant’s I-485 is used as the anchor or a standalone I-140 will be transferred to wherever the principal applicant’s and derivative’sI-485 is pending. NSC consolidates files whenever possible. Similarly, NSC will send the derivative’s to be matched to the principal’s file, rather than requesting the A file for the principal if the principal files at ones service center and derivatives are filing at another. If an applicant has one I-140 pending, it should be highlighted on the subsequent I-140s being filed, so that files can be consolidated.
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