NSC Updates – 07/20/2011

Correcting a mistake on the Form I-140

NSC would allow for a change of the I-140 classification to correct a clerical error as long as NSC is notified of the requested change to the box selected on the I-140. This has to be done before the case is adjudicated. However, NSC will not allow a change in the classification in response to an RFE but the issue will be considered.


EB3 skilled worker  

When applying for an I-140 based upon a PERM approval under the EDGE evaluation system a beneficiary who lacks a bachelor degree but has the employers required 5 year of experience, will not be classified as an EB3 professional, instead will be an EB3 skilled worker.


Requests to withdraw I-140 

Requests to withdraw the I-140 should be sent to AAO both by email and certified mail. Provide an explanation for the need to withdraw. If the request is withdrawn and NSC is aware of it, NSC will then send a request to AAO to return the file. However, the request to the AAO should be made by the attorney first as NSC cannot withdraw an I-140 on its own.


G-28 filed with a pending application  

The correct address to use for apprising the NSC of a G-28 filed with a pending application is

P.O. Box 82521, Lincoln, NE 68501. As the lockbox deals with applications with an associated fee it is likely to be ineffective in helping to associate a G-28 pending application. The G-28 should be matched up with the file in 2 weeks. Confirmation can be done through the 800 number.


Motion to reopen reviews 

When an applicant files a motion to reopen mostly the same officer reviews the case on a motion to reopen. Howeve,  if the adjudicator stands by the denial then it will be reviewed by a supervisor.



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