I-140 cases at AAO

Re: case reopened

Originally posted by tsnaresh
I noticed my case status has changed, online message is as follows:

"
On March 25, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 90 and 485 days for us to process this kind of case.
"
Does it mean they are planning to approve the I-140???

I appreciate your input.
Thanks.
Click to expand...

Tsnaresh,
Congrats. You will get your approval soon.

1. When did you file your appeal? Which Service Center?
2. When It was sent to AAO?
3. When did you notice the online status change?

As you know, My case went to AAO in July 2003 and your reply will give me some idea, when I can expect any decision.

Thanks,
naanshi.
 
naanshi,

I have filed 290A/B on Oct 29th (RD) through VSC.

I got the receipts for boh applications after 4 weeks.

My I-140 case status changed on March 25th.

Hope this helps.

Thanks.
 
motion to re-open

tsnaresh: Can you please answer the foll.qs?
Does it take 5-6 months for them to decide whether to grant the 'motion to re-open'?
Is this also decided by AAO or the regular service center?
Are the appeal and motion to re-open 2 different applications??
If the case is re-opened, does it mean it that AAO overturned the original denial??

My 140 just recently got denied for very flimsy reasons - We are in the process of filing an appeal and I wanted to understand the process better. Thanks




Originally posted by tsnaresh
naanshi,

I have filed 290A/B on Oct 29th (RD) through VSC.

I got the receipts for boh applications after 4 weeks.

My I-140 case status changed on March 25th.

Hope this helps.

Thanks.
Click to expand...
 
hi popsy

people waiting from AAO...following is the status of my petition..

on March 23 this petition was received at Commisnor office for review. it is taking 30-180 days to decide on this case.
we will mail you the decision.

hi popsy,what happened to your petition why was it denied.

my experience with this USCIS people is. if one gets screwed up due to anybodys mistake...then thats it..he gets hanged till god know how long..till this USCIS people decides on his case......


best of lucks for your filing....
 
Congrats Ziri. How long VSC took to approve your case after it received the decision from AAO?

My case has been re-opened on March 25th, 2004 but not received any further information.
Thanks.
 
It took VSC 5 month to approve my case after they recieved it from AAO, but what is funny they send my employer a letter that they had reopened the case but they send the lawyer an approval. I think if I had not sent in I-485 they wouldn't approve it forever. It has been almost four years since applying for labour certification.
 
Ziri,

Thanks for your reply. I know how frustrating to wait all those years. I am just one year behind you (3 years since labor filed).
But it is good, you are through I-140 now. I wish you good luck with your I-485.
 
I140 status

Hey Gurus,

I need your help/interpretation.

Here is my story.

Filed I140/I485: May 9 2003 at NSC
Obtained EAD/AP in Sept 2003.
Job Transfer to CA: Nov 2003.
FP done Mar 2004.

Just about end last year, my company attorney called and notify me that he received news from NSC that my I140 was denied due to edu eval. My LC was filed and approved in 2002. I have no idea of what the wordings were in my LC despite my numerous attempts to secure it from my company attorney.

Lawyer told me he will file (recently he confirmed he has filed an appeal to reopen my case as my edu eval is correct per LC) an appeal. He told me the officer at the NSC has "over-stepped"his boundary and deny my education eval. God knows what he is trying to hide or say to me to keep me from pestering him.

Eversince my I140 was denied, I have checked the OnLine status and never once was it mentioned that my case was denied nor did I receive any formal letter. Recently I checked my online I140 status and this is what it said:

"On March 11, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. 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."

I called INS hot line and they told me the same thing.

Does any one here know what this means and the impact on my I140? Have anyone been in this boat before? I am getting worried and stressed by this damn GC process. As a result of the denial, my attorney processed my L1B visa and my extension got approved in Feb. This is only for another 2 years - expiry Nov 2005. What happens if my I140/485 is not approved by Nov 2005 and worst if my I140 is denied by then? I cant extend my L1B. Does that mean that I have to leave my company and country?

Any reply is highly appreciated.

Best Regards,
 
Congrats KClee,
Your case is reopened and you will be getting your approval soon.

nanshi.
 
Nanshi,

Thanks for your optimistic reply. While your reply might have ease my tension in this long journey, how certain are you that such cases means that it may be approved? Have you been through this path?

I will only be certain when I see the letter directly from INS. Sometimes I wonder why we put ourselves to such agony in pursuit of this GC.
 
motion to reconsider

Hi nanshi:

When will the online status reflect 'transfer to AAO' ? As I understand the appeal (I290B) initially goes to the service center and gets forwarded to AAO..In other words, how can we check whether the case is being re-considered by the service center or passed along to AAO? Should we check using the online status using 290 B receipt # or I140 receipt #?

It has been about 3 weeks since my lawyer filed the appeal but my I-140 status doesn't reflect that it is even filed - it doesn't even reflect the original denial. it still says 'response to RFE received on..'

Thanks




QUOTE]Originally posted by naanshi
Ken,
I am sorry. I was completely wrong. I realized only after seeing my status update today. Just now my I-140 status and I-290B status were changed.

"On September 02, 2003, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. 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."


The word "here" means Appeals Unit. So just they confirmed that Appeals Unit has received our file from the service Center. Nothing else.


I am sorry again. I thought the file was received back from the Appeals Unit.

FYI, The current processing time for I-290B appeal is August 16, 2003.


nanshi.:confused: [/QUOTE]
 
1. When they transfer your file to AAO, the status will be updated. If you check with your I-140 receipt number or I-290B receipt number, the status will say "On Month Date Year, your file has been transfered to our Appeals Unit........"

2. Yes, you are correct. First the service center(Same Officer who denied the case) will look the file again and if they are not happy with the appeal arguments or motion to reopen documents, they will transfer to AAO.


nanshi.
 
Hi Naanshi,
If the case is forwarded from NSC to AAO will the message say" this case has been forwarded to AAO" in 140 and 290 case status.

I appealed my case in sep. When I sent the application, my case status for 290 was we receieved your case in sep 2, it is taking around 30 to 180 days to process this kind of case"

but in November the 140 and 290 case status again changed to
"we receieved your case in NOVEMBER, it is taking around 30 to 180 days to process this kind of case"

what does that mean? Is my case forwarded from NSC to AAO in November or is it still with Nebraska? I am confused.
 
Siva,
If your status says same as mine, then I think your file is with AAO only. See the word "here". I strongly feel that that word is for AAO only. In service center status, you don't find this word "here".

********************************************
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

On September 2, 2003, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. 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.

************************************************

Till April 27, 2004 My I-140 and I-290B case status were like "On July XX, 2003 , this case was forwarded to Appeals Unit.......". But on April 27, 2004 it changed as above. I don't have any idea about this.

We cannot take anything from this online status change. Till we get approval notice in hand anything CAN change at anytime.


And also I don't have any clue about the following.

"we receieved your case in NOVEMBER, it is taking around 30 to 180 days to process this kind of case"

What is the last update date for your I-140, I-290B and I-485 cases?

nanshi.
 
My 140 status is
On October 31, 2003, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. 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.

My appeal status is
On October 31, 2003, your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received here for processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.


485, ead and AP, all have same message we received your blah blah..... They do not say denied.

I filed appeal in first week of september. I do not understand why it says october.
 
Siva,

1. You filed appeal in September and looks like the file got transferred to AAO in October 2003 or AAO entered your data in October.

2. What was the status for your I-485, I-765 and I-131, when you filed for your appeal? Did it say these cases were denied? in other words, "A written decision is sent on ....."

3. My appeal transferred to AAO in July 2003 and my current online status says "We received your file on Sept 02, 2003...".


Like our name, our cases are also going same.:D

nanshi
 
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