How to Expedite a Form I-140 Appeal

My I-140 was denied for the skilled category. We filed an appeal but we don’t have a decision and I’m worried I’m going to lose my H1B because business is getting slow. Is it possible to expedite the appeal so I can get my green card?

In many cases where the Service Center misinterpreted the law or mistakenly construed the facts, we have been able to get the Service Center itself to reverse their opinion in only a couple months. In cases where the appeal goes to the AAO, we’re seeing processing times in the 12 -18 months range. We have had success in getting appeals expedited where there are extraordinary circumstances so we can help in getting a decision expedited for you.

Texas Service Center Operations

In a recent question and answer session, the Texas Service Center (TSC) has made some revelations regarding how they process certain immigrant and nonimmigrant petitions.

  • Motion to Reopen; Motion to Reconsider; Appeals

When filing a motion to reopen or reconsider, the officer who originally made the decision to deny the underlying case will decide the motion.  If the offier decides to deny the motion, the decision will be reviewed by a supervisor.  Where an appeal is made, the TSC will not reopen or reconsider where the Service believes it made a correct decision but will forward the appeal to the AAO.

  • Petition Denials without RFE or NOID

When an officer decides to deny a petition without sending a request for evidence or notice of intent to deny, that offier’s decision must reviewed by two supervisors before the denial notice will be issued.

  • Notice to Appear Issuance upon I-485 Denial

Generally, the TSC will wait 30 days after issuing an I-485 denial before dispatching a notice to appear (NTA).  This 30 day period provides the Applicant with an opportunity to appeal the denial before being sent to removal proceedings.