EB1 140 approval revoked!

lakksh said:
hi eb1-query.. it looks like you have been waiting for almost 6 months since ur i-185. Are you stuck with name check?
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I don't know whether I'm stuck or not. However, I haven't seen anyone from India or China got approved with PD this year under EB1. Also the processing date for TSC is way back in 2006. I called TSC once couple of months ago. They said they haven't started looking at cases filed this year (I assume for india or china).
 
I did not apply for 485 since I would have wasted money.
USCIS website only says that it received documents from me. I had the "approval notice sent out" message once upon a time.
Has anyone benefited by writing to Senator/ any other representative?
 
since you bring it up, i think you should try talking to senator/congressman..i know a student (from Utah) whose wife's F-2 was rejected approached the senator from the state and the next time around his wife got the visa. so, that's definitely worth a shot.
 
How could they cancel an approved I -140. Does it mean that even after approval,one is not sure if it really approved or not. I would strongly suggest that you approach either local senator or hire a good lawyer to argue your case. This is not fair.
 
I-140-EA approved. Thinking for interlinking my I-485 from approved I-140 NIW. Any suggestions!!!
 
My attorney adviced me not to interfile. Let me quote her -

We can ask for your current AOS to be transferred to your EB1 approval, but please note that there is no guarantee this will happen. There is no form to request a transfer--we simply send a letter of request. Because there is no form, this means the USCIS also does not issue a receipt notice of the request. For this reason, we generally have no way of knowing if the transfer request has been granted or not. Instead, because the EB2 category is retrogressed for those from India, and because the transfer request is not reliable, we recommend you file another AOS based on the EB1 approval.
 
Is this from the senior managing attorney of an eponymous immigration law firm located in the Broadway region of Manhattan
 
dollasdoc,
you mean submit a new I-485 for approved I-140-EA?

Thanks for forwarding your attorney letter.
 
HAHAHAHA.....ebebeb1...you are absolutely correct.

geleya...yes, I mean submit a new I-485 for approved I-140-EA.
 
eb1a-query said:
I don't know whether I'm stuck or not. However, I haven't seen anyone from India or China got approved with PD this year under EB1. Also the processing date for TSC is way back in 2006. I called TSC once couple of months ago. They said they haven't started looking at cases filed this year (I assume for india or china).
Click to expand...

Please do not worry about name check, no LUD, no LUD after I-140 approval or no LUD after RFE (on I-485). I have posted my I-485 approval recently. I had no LUD on my I-485 since Oct 19, 2006 (that includes my FP, I-140 approval). I had just one LUD on my I-485 and that was the approval email. In one word "patience", might be too harsh to say, but believe me, I-140 or I-485 approval is on its way.

EB1-OR I140/485 FD 10/02/06
EB1-OR I140/485 ND 10/19/06
FP 11/20/06 (no LUD after FP)
AP/EAD - 12/20/2006
EB1-OR I140 AD 04/27/07 (regular)
EB1-OR I485 AD Oct 05, 2007;
I485 welcome notice & card received Oct 20, 2007
 
LQTOR said:
Please do not worry about name check, no LUD, no LUD after I-140 approval or no LUD after RFE (on I-485). I have posted my I-485 approval recently. I had no LUD on my I-485 since Oct 19, 2006 (that includes my FP, I-140 approval). I had just one LUD on my I-485 and that was the approval email. In one word "patience", might be too harsh to say, but believe me, I-140 or I-485 approval is on its way.

EB1-OR I140/485 FD 10/02/06
EB1-OR I140/485 ND 10/19/06
FP 11/20/06 (no LUD after FP)
AP/EAD - 12/20/2006
EB1-OR I140 AD 04/27/07 (regular)
EB1-OR I485 AD Oct 05, 2007;
I485 welcome notice & card received Oct 20, 2007
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Hi LQTOR,

Thanks for your encouraging words. however, I got a few questions. Which service center handled your case? also which country are you from? I recently called TSC and was told that my NC is pending. Should I not believe the IO?

Thanks.
 
I think, but I hope I am wrong, that NC pending is really pending. If FBI did not update an applicant's NC status, any service center would not know whether the NC is cleared or not.
But the online status is not always the fact though.

eb1a-query said:
Hi LQTOR,

Thanks for your encouraging words. however, I got a few questions. Which service center handled your case? also which country are you from? I recently called TSC and was told that my NC is pending. Should I not believe the IO?

Thanks.
Click to expand...
 
eb1a-query said:
Hi LQTOR,

Thanks for your encouraging words. however, I got a few questions. Which service center handled your case? also which country are you from? I recently called TSC and was told that my NC is pending. Should I not believe the IO?

Thanks.
Click to expand...

My application was handled by Nebraska Service Center and I am from India. I had O1 visa while i was applying for permenant residency. I never called the service center for name check.

EB1-OR I140/485 FD 10/02/06 (NSC)
EB1-OR I140/485 ND 10/19/06
FP 11/20/06 (no LUD after FP)
AP/EAD - 12/20/2006
EB1-OR I140 AD 04/27/07 (regular)
EB1-OR I485 AD Oct 05, 2007;
I485 welcome notice & card received Oct 20, 2007
 
Thanks LQTOR. It seems to me NSC is doing a better job on the I-485 for the EB1 cases as evident from their processing date compared to TSC. I had an approved I-140 EB1 (PD June 06) from NSC. I regret now not filing I-485 with that petition but who knew?
 
eb1a-query said:
Thanks LQTOR. It seems to me NSC is doing a better job on the I-485 for the EB1 cases as evident from their processing date compared to TSC. I had an approved I-140 EB1 (PD June 06) from NSC. I regret now not filing I-485 with that petition but who knew?
Click to expand...

You might be correct. Nevertheless, our I-485 was approved only in October 2007. But by September 1st week (2007), the NSC timeline for I-485 was December 21, 2006. To me, approval is highly application orriented. FBI name check clearance plays a vital role only for the final emails: card production ordered and welcome notice:).

However, i had an interesting experience during the whole process of permenant residence permit;). I had applied for a Schengen visa (in May 2007) and surprisingly, the photograph that came along with the schengen visa (pasted on to my passport) was not the same as i submitted along with my schengen visa application. Instead the picture was the one i submitted along with my I-140 & 485 concurrent application back in October 2006:cool:.

EB1-OR I140/485 FD 10/02/06 (NSC)
EB1-OR I140/485 ND 10/19/06
FP 11/20/06 (no LUD after FP)
AP/EAD - 12/20/2006
EB1-OR I140 AD 04/27/07 (regular)
EB1-OR I485 AD Oct 05, 2007;
I485 welcome notice & card received Oct 20, 2007
 
LQTOR said:
You might be correct. Nevertheless, our I-485 was approved only in October 2007. But by September 1st week (2007), the NSC timeline for I-485 was December 21, 2006. To me, approval is highly application orriented. FBI name check clearance plays a vital role only for the final emails: card production ordered and welcome notice:)
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Does FBI name check/clearance includes checking at the applicant's country of birth also? or FBI just runs our name in their database.

Any thoughts?
 
LQTOR,

That is really surprising since schengen visa has nothing to do with our AOS!!!??? Where did you get it from? We got ours from the French Consulate in person and they used the photo we provided.
 
lakksh said:
Does FBI name check/clearance includes checking at the applicant's country of birth also? or FBI just runs our name in their database.

Any thoughts?
Click to expand...
I don't think they check with the applicant's country. I think it gets delayed as they have lots of backlog and they haven't even started looking at the recent cases.
 
eb1a-query said:
LQTOR,

That is really surprising since schengen visa has nothing to do with our AOS!!!??? Where did you get it from? We got ours from the French Consulate in person and they used the photo we provided.
Click to expand...

eb1a-query

It was really surprising for me too. But it happened and i got the visa from Italian consulate.

EB1-OR I140/485 FD 10/02/06 (NSC)
EB1-OR I140/485 ND 10/19/06
FP 11/20/06 (no LUD after FP)
AP/EAD - 12/20/2006
EB1-OR I140 AD 04/27/07 (regular)
EB1-OR I485 AD Oct 05, 2007;
I485 welcome notice & card received Oct 20, 2007
 
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