VSC Claims correction of my I140 mis classifn

[Xkuger]

Background:
As some of you may remember I had an approved Labor & I140 as Eb2 from the INS where as NVC claimed me to be EB3. So my file was shipped back to VSC for correction.

LATEST:
VSC sent out another I140 approval ( Seems dumb because this absolutely the same as before -- So what did they change?).

I called them and they claim well you are an EB2 approval and always has been. Why does NVC claim I am an EB3. We don't know. I asked so what did you do on my case. "We have made a data correction". The IIO says that's all what the system says. Hopefully it maybe be the correction. With the damn INS I woudn't even be surprised if they converted my application to a family based application from an employed based application.

When my file reached NVC and they tell me it is now an Eb2 then I guess the correction is for real.

I will post when I have that information. In short it has been 4 months since my I140 approval but still no definitive relief.

A question: Has anyone tried expedite processing at NVC? do they have such a thing?

[vfpeter]

Xkugger,

I do not know about NVC, but I just received the monthly bulletin from my lawyer about INS service Center in this regard.

"Expedites are difficult to obtain in most cases. In the meeting with the Vermont Service Center in Sept. 1999, when my lawyer spoke to INS officers, they explained their longstanding policy on expedite requests.
The INS will generally expedite cases for the following reasons (and they do not view requests for expedites favorably):

(i) Emergent reasons;

(ii) Financial loss to the company, which must be evidenced in specific terms, i.e., not a broad and general statement of possible loss of revenue or income;

(iii) INS's own error;

(iv) Humanitarian reasons. "

So I assume that NVC should also be having something similar to this.


vfp.

[Xkuger]

VSC Claims correction of my I140 mis classifn

Vfpeter:

This is indeed am INS Error as I have an approved Labor as well as aaproved I140 as EB2 when their systems had a data entry error as Eb3 so I have grounds for expediting.

Infact the INS was formally send a request for expediting my case and claims it has indeed expedited it by assigning it to an office right away (Claims correction has been effected).

All I wanted to know was if NVC does any expediting or considers reqests. If if does on what grounds and has anyone tried it and succeded

[Xkuger]

I just checked the NVC phone system and it says "Your Petition is current and your documents will be forwaded to the Attorney on record within the next 4 to 6 weeks".

- What this means is that the INS has fixed their mess of my EB2 case mis-classification as EB3.
- Two new I140 approval petitions dated Aug 11 & Aug 15( Were mailed out to me by the INS - They were exactly the same and no differet from the one I got on May 1st).

I will call an officer at NVC on monday to see if things are OK and if I need to send any confirmation fax.

[vfpeter]

congrats xkuger. Now your boat is sailing (:->

vfp