Texas SC is approving I-140 at weird pace. 2 to 6 months.Irrespective of whats written on the site, any idea on their pace now?

Asked almost 2 years ago - Atlanta, GA

This is for EB1C category

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  1. Carl Michael Shusterman

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    Answered . I agree with my colleagues.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. David H. Stoller

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    Answered . Thanks for your inquiry. Sounds like you may be spending too much time trying to read too much into the processing reports released by the Service Centers as to their pace of adjudicating applications.

    Each case is its separate entity. Truth is that you can send the same application to the same service center and it will be assigned to two different officers. Those different officers may work at different paces. Those officers may concentrate on different elements of the application. One may pay attention to a concern that the other one may not have. Although the process should be one with some uniformity, different officers are going to look at the same application in a different way.

    Truth is that different attorneys have different ways of presenting the same applications. We can all read the Immigration and Nationality Act, the implementing regulations and applicable administrative guidance and come up with different ways to present the same case. And just as different attorneys may have different ways of presenting the same evidence, so too will officers have different ways of looking at the same application.

    The processing reports are best described as a point around which there is a circle encompassing a radius including all of the applications that are being worked quicker than the average and slower than the average. The date that the processing report is describing (or the length of time that the report is describing) does not mean that all applications of that type are always being adjudicated consistently with the dates reported in the processing report.

    Also important to consider is that changing times can call for changing priorities. What I mean by this is that Officer A and Officer B may be assigned to handle you I-140. Along comes some issue at the Service Center where the Director is interested in making sure that applications other than I-140's are being worked with more of an emphasis than was previously provided. So Officer A may be taken off the I-140 and moved to adjudicate something else. During the time that Officer A is working something else, this does not mean that someone else is stepping up to work Officer A's cases.

    Now Officer B may be on the I-140 product line the entire time. So the same application that was filed one the same day may be worked by Officer B quicker than it is being worked by Officer A for lots of reasons like those discussed above and that is why the processing reports are a good general guidance but not specific enough to ensure that the report can provide any guidance as to exactly when an application will be adjudicated.

    The way I use the processing reports is to provide a general guideline as to how long a particular application will take to process. A 6 month processing time means there are applications being adjudicated in 3 months and there are others being adjudicated in 9 months. Which is which? Hell if I know. And if this is what I do every day and I cannot figure it out, I am unsure how anyone else can figure it out.

    So use the processing reports as the forest they are intended to be. Concentrating on the forest too much makes one get lost in the trees and when one is lost in the trees one gets awful impatient when anything does not go as planned or as expected. if your applications reported as being processed in 6 months and it is 183 days, I would not run to the National Customer Service Center and make an inquiry about the status of the case. If it is reporting 180 days and we are getting at 270 days without hearing something I may start to worry. And when my processing time is now twice that than is being reported I am going to be concerned.

    Applications take time to consider and to adjudicate. And in these days of almost everything requiring a request for evidence that ignores everything that has already been provided, applications never end up being considered as we initially planned. CIS will get there, Relax. Good luck.

  3. Giacomo Jacques Behar

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    Answered . "2 months" is pure and utter B.S.. for the TSC. It is a stated "goal" (like a dream) but far removed from reality. Even 6 months is overly optimistic. My office had to wait 8 + months for the approval of a similar case (and that took multiple inquiries, and even the intervention of the Ombudsman's office in D.C.)
    Best of luck!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more

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