I-140 Receipt Notices with EB Category "Unknown" are Common
Posted Nov 02, 2007
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We at the Murthy Law Firm have noticed that many of the receipt notices for I-140 petitions have the word "unknown" in the portion related to the section of the law or the employment-based (EB) category under which the case has been filed. This appears in a box on the right-hand side, under notice type. This has caused some concern, which is clarified here for MurthyDotCom and MurthyBulletin readers. There is no need for concern, since the USCIS hopes that the I-140 approval notices will have the correct EB category when the USCIS examiner reviews the file.
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Unknown Does not Mean Unknown EB Category
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The notation of "unknown" on the I-140 does not mean that there is some mistake or confusion over the category or section of law under which the I-140 was filed. The notation is simply the result of the high volume of cases that was filed in July and August 2007. Because of this unprecedented increase, both in I-140/I-485 filings and in naturalization filings, it became necessary to make some changes with respect to receipts. In order to avoid an extended front log in receipting by reviewing the file to determine the EB category under which the case was filed, the USCIS directed the receipting contractor to enter the data fields that are required to process filings. After all the receipting is complete, the additional data will be entered.
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How Will I Know the EB Category?
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The EB category is determined when the I-140 petition is submitted, based upon a series of check boxes. The proper category should be reflected in any approval notice that is issued. This should be double-checked, since mistakes occasionally do occur.
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Conclusion
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It was necessary for the USCIS to find a way to issue timely receipt notices on over 300,000 cases filed during the summer of 2007, when the priority dates became current for most EB applicants. They had to instruct the contractors to take a shortcut, which is reflected in the notation of "unknown" on I-140 receipt notices. This ultimately should not make a difference, since the EB category will be entered later. If there are mistakes in this part of the process, they will have to be addressed to make sure that the case is properly processed under the correct category. That will determine when one's I-485 or "green card" will be approved.