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Greg Siskind on Immigration Law and Policy

ARE USCIS MAIL ROOM CLERKS IMPROPERLY REJECTING CASES?

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I am getting reports from readers that Visa Bulletin adjustment cases are being rejected for a variety of reasons that sound like USCIS mail room  workers have been instructed to take an extremely restrictive view of what is a proper application. We had a case in our own office today where a case was returned stating that we failed to include an original labor certification approval notice. The problem was we did include the notice. While we have time to resubmit and politely request that the mail room clerk do his or her job properly, one gets the feeling that there will be lawsuits galore. Why doesn't USCIS get it? Getting sued for something that anyone with common sense knows will result in a loss for the agency does NOT serve the taxpayers' interests.

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  1. h1b's Avatar
    Greg why are you scaring the hell out of us now. After the *$&! we have been through this past month. Haven't even noticed that summer has come and gone. And please change your website appearance, it is too similar to USCIS layout and frankly this is depressing. Can you not cheer us up a little (end of rant)
  2. Calouste's Avatar
    Well..., the first 4 questions and answers in the FAQ that USCIS released this week talk about rejecting applications. Shows what is fioremost on their minds.

    For the rest I would say it is a combination of more emphasis on rejections, pressure dealing with the flood of applications and general government incompetence. Although they might have done something really stupid like setting target percentage of rejections in the mailroom.
  3. legal's Avatar
    Greg, do you have any information as to number of applications received so far or whether any receipts have been issued since July 2?
  4. rajiv's Avatar
    This is scary. During normal processing times, one gets fair chance to resubmit application for minor mistakes. Greg has metntioned a case which was perfectly valid.But what about cases which might have minor mistakes ? I hope USCIS is considerate with July filers.
  5. Rob Gard's Avatar
    Greg:

    USCIS doesn't see this as "real money", or even "taxpayers' money". They likely will fight any legal actions out of funds from their filing fee receipts accounts; sort of like making the condemned pay for the bullets used by the firing squad. I view this as monumental bad faith, not just mistakes.
  6. Jammy's Avatar
    Greg,
    Do you mind sharing the dates of the returned packages? is july 2nd filers being returned? The cases i heared of so far were july 5th ? it seems there is a trend.
  7. Fred Rispoli's Avatar
    Greg, what if properly filed applications on July 2 are rejected after Aug 17 (e.g. due to mail delays)? Is there any recourse for this?
  8. N S's Avatar
    Greg,

    Has an I 140 application been approved for the case you are refering to? AFAIK, If an approved I140 NOA has been attached there is no need for labor cert. Can you elaborate on that? A person I know who filed in June received an RFE on AP/131 asking for a copy of I140. Infact,his AP was concurrently filed with 485 and they sure did had a copy of the I140. Can't they just make a copy of I140 document? More over, the I140 copy is not listed as a required document for AP any where. Am I wrong?
  9. 's Avatar
    Hi Greg, Is a labor certification approval notice required with the just the 485 application or is it only for I140. In my case, I have an approved I140, so that was enclosed in the application for 485, not the labor certification. Thanks in advance for your reply
  10. In Immigration Limbo's Avatar
    I'm surprised that they didn't wait and return it August 18th so that there could be no chance of refiling it. Sounds like USCIS is pretty much out of control. Like you say though, they will just hurt and embarrass themselves when these dirty tricks are exposed to all during the course of the inevitable lawsuits that will arise.
  11. Deb's Avatar
    Greg, this is a little confusing. Can you clarify? I have an approved I-140 and have not included any labor cert copy. I read the faq and seems like it is required if you are applying for both I-140/I-485 concurrently. Why would one need a copy of labor cert if I-140 is already approved? Thanks
  12. Enough!'s Avatar
    I have no idea about the qualification and expertise of these mail room people. My case is somewhat different from the one posted here but it's related to inefficiency and irresponsibility of these mailroom people. They LOST my supporting documents which contains over 600 pages for I-140 for the 2 nd time in last 6 months. Surprisingly they admit that they received my supporting documents both the time but lost in the mail room. I am going through a mind blowing experience with TSC -Premium Processing people. It's been 6 months after we send our 1 st set of documents and 3 months for the 2 nd set. Last week some responsible officer from premium processing section was kind enough to send an email stating that they are still waiting for the documents to be delivered from the mail room! Fair enough with this immigration system! I am planning to file a lawsuit against them if I don't see any movement of my case within few weeks. I was asking at least a REF admitting their fault! No response so far!
  13. Greg Siskind's Avatar
    The case was a basic I-140/I-485 concurrent filing (made on July 11th), based on a previously approved labor certification. The original labor certification approval was submitted and the mail room clerk was simply incorrect. The concern I have is how often this may be happening. Also, with hundreds of thousands of application coming in, is the mail room going through applications in so much detail that it will take months to generate receipts. In the past, USCIS accepted "skeletal" petitions in order to meet a deadline (245i) comes to mind. It would be nice if they were as generous this go around particularly given all the bad feeling.
  14. 's Avatar

    I think we should ask USCIS to accept all Jun-Jul cases and permit re-file honoring the previous receipt date, because it isn't our fault they issue receipt notices months after filing.
  15. vg's Avatar
    some of the procedures ...
    http://www.imminfo.com/resources/cissop.html
  16. Vikram's Avatar
    I'd say stop paying taxes. To hell with USCIS nonsense. After waiting here for 8 years. Paid several thousand dollars for the worst service.
  17. 's Avatar
    "Also, with hundreds of thousands of application coming in, is the mail room going through applications in so much detail that it will take months to generate receipts. "

    Greg, as per your above comment, can you give us your estimate of the number of applications that USCIS receives according to the July bulletin?
  18. Fred Rispoli's Avatar
    I heard they already received around 200,000 applications and are going to get 100,000 to 200,000 more by Aug 17.
  19. h1b's Avatar
    Is that number for primary applicants? What is the total estimate including dependants? Looks like the folks in BEC will get to keep their jobs after September, as they will need BECS to process our 485s till kingdom come.
  20. Sriman's Avatar

    Greg,

    You had mentioned about a case whose paperwork had returned bcos of "failure to include an original labor certification approval notice". Any updates on that?

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=6001023351

    Mine suffered the same fate & result unknown till date.
    (1) July 13 - ETA-750 & I-140 reached USCIS
    (2) July 25 - Paperwork received back in mail, kicked back on July 18 by mailroom ppl
    (3) July 25 - Paperwork sent back again to USCIS Supervisor!
    Result unknown!

    Questions:

    (1)USCIS shud accept my paperwork, right? Cos, they screwed up!
    (2)How long will the USCIS supervisor take to reply back?
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