Does this mean that my I-140 appeal was approved?

E

ecuellaro

Registered Users (C)
3 months ago my I140/I485 (concurrent) at NSC were denied on "ability to pay" issues. My lawyer filled an appeal (I290B) and today the LUD of the I290B, I140 and I485 were changed to today's date. There was no change on the message of the I290B and I140 HOWEVER the message of the I485 changed to this:

Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On October 6, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 570 and 600 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.


Like I said before only the message for the I485 changed and the message of the I140 and I290B is still:

On June 25, 2004, we received your response to our request for evidence or information. It is taking between 150 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

Does this mean that my I-140 appeal was approved?

My full details are:
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004
 
ecuellaro said:
3 months ago my I140/I485 (concurrent) at NSC were denied on "ability to pay" issues. My lawyer filled an appeal (I290B) and today the LUD of the I290B, I140 and I485 were changed to today's date. There was no change on the message of the I290B and I140 HOWEVER the message of the I485 changed to this:

Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On October 6, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 570 and 600 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.


Like I said before only the message for the I485 changed and the message of the I140 and I290B is still:

On June 25, 2004, we received your response to our request for evidence or information. It is taking between 150 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

Does this mean that my I-140 appeal was approved?

My full details are:
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004
Click to expand...

It sure does sound like it. I'd call and speak to the national hotline and see what they have. I think it was reopened but I'd call to make sure the message was not a screw up.
 
Confused with I 485 status

Please help me out. Something wrong here.

I got a notification from INS saying My I 140 got denied on JUN 24th 2004, applied motion to reopen.

Filed oncurrently

This is what I see online for I 140:
This case has been approved. On July 28, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

Once my I 140 got approved, all the cases should be reopen right even my dependent( my wife)?

This is what I see Motion to reopen

Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER

Current Status:

On July 28, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Since my wife works on EAD, which expires on 30th of this month, I applied to renew her EAD on july 27th 2004.

Now i got letter from INS, her EAD got rejected, stating your application for adjustment of status to that of lawful permanent resident was denied on june 24ht 2004 and therefore is no longer pending before this service.

Please help me out what is the issue here. My I40 got approved once i filed MTR and my and wife I 485 should be reopend( never said that my 485 deneid or my wife 485 denied)

Your suggestion will help me a lot.
 
Mandavae said:
Please help me out. Something wrong here.

I got a notification from INS saying My I 140 got denied on JUN 24th 2004, applied motion to reopen.

Filed oncurrently

This is what I see online for I 140:
This case has been approved. On July 28, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

Once my I 140 got approved, all the cases should be reopen right even my dependent( my wife)?

This is what I see Motion to reopen

Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER

Current Status:

On July 28, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Since my wife works on EAD, which expires on 30th of this month, I applied to renew her EAD on july 27th 2004.

Now i got letter from INS, her EAD got rejected, stating your application for adjustment of status to that of lawful permanent resident was denied on june 24ht 2004 and therefore is no longer pending before this service.

Please help me out what is the issue here. My I40 got approved once i filed MTR and my and wife I 485 should be reopend( never said that my 485 deneid or my wife 485 denied)

Your suggestion will help me a lot.
Click to expand...

Mandavae,

we are on the same boat. almost same. my 140 got rejected in May, I got notice in June. then my lawyar file Motion to reopen in time. My 140 and 485 were reopened in Aug. and 140 was approved, but no reopen information for my wife, my lawyer sent a letter to CIS at the end of Aug, no repsonse, then I called national service center in early Oct, they sent a request to reopen to Vermont center. Last Friday, my 485 was approved, technicially, My wife has no status, we plan to travel, but we have to cancel it now. today I called the service center again, a tier II lady told me I had to wait for 60 days to get response, that means in the early Dec. I already asked my lawyer to write another letter to CIS.

I am starting to worry about my wife's status, she can not take job offer, can not travel.

I will keep updating. By the way.is anybody know could I file another motion to open?
 
Reopen

Thank you for the response. I did call INS National Customer Service adn explained the case, and they give me Nebraska Fax number,So I faxed all the documents to them. In mean time I filed Motion to reopen (INS needs money) to explain the case and we are waiting LIN number for that case.

I will keep posted as soon I get information

By the way congrulation on your approval.
 
Mandavae,


Thank you for your response.

Still no response for my wife's case. it has been 40+ days since the first requiry. we went to washington DC local office yesterday, the officer sent another request to Vermont to reopen my wife's case, It should be very very simple. for now, the only thing to me it to wait.
 
485 reopen and EAD reopen

Folks

My Wife 485 got reopened today and her EAD also got reopen. Thank you for your support. My question is can we can get temporary EAD from local INS

Thank you
 
ecuellaro said:
3 months ago my I140/I485 (concurrent) at NSC were denied on "ability to pay" issues. My lawyer filled an appeal (I290B) and today the LUD of the I290B, I140 and I485 were changed to today's date. There was no change on the message of the I290B and I140 HOWEVER the message of the I485 changed to this:

Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On October 6, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 570 and 600 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.


Like I said before only the message for the I485 changed and the message of the I140 and I290B is still:

On June 25, 2004, we received your response to our request for evidence or information. It is taking between 150 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.

Does this mean that my I-140 appeal was approved?

My full details are:
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004
Click to expand...



Hi There,

I am in the same situation. I filed I140 on a substitution and the case is denied on "ability to pay" basis. I wonder what is the steps to be taken. What should we submit even if we want to re-open the case to please the immigration officer inorder to get the approval.

Any clue would be greatly appreciated...

Thanks in advance,
-- Sree
 
You are responding to a 2004 thread. Better check with your attorney for your options to show the ATP. Many postings to show the ATP options exist in these threads.
 
skaluva said:
Hi There,

I am in the same situation. I filed I140 on a substitution and the case is denied on "ability to pay" basis. I wonder what is the steps to be taken. What should we submit even if we want to re-open the case to please the immigration officer inorder to get the approval.

Any clue would be greatly appreciated...

Thanks in advance,
-- Sree
Click to expand...

Read the following thread. It has good info on Ability to pay issue. Remember that you need to file MTR/Appeal within 30 days of denial. Best of luck!
http://www.immigrationportal.com/showthread.php?t=137088
 
You must log in or register to reply here.
Top