I-140 cases at AAO
- Thread starter Ziri
- Start date
hi all..denied brothers and ladies..
siva how r u..
the message that you have for your 140, 485 and appeal is exactly what i also have on my applications.
the only thing is you filed in Oct and i filed in Jan.
i was thinking since you have almost passed 180 starting from Oct, then you should have received the reply by now from AAO about your appeal...
or why don't you do a status check on your applications..(140 and appeal)...who know it may wake immi officer from his sweet sleep...
other guys, any news updates on any further denials, replies from AOO etc...keep us all posted..
siva how r u..
the message that you have for your 140, 485 and appeal is exactly what i also have on my applications.
the only thing is you filed in Oct and i filed in Jan.
i was thinking since you have almost passed 180 starting from Oct, then you should have received the reply by now from AAO about your appeal...
or why don't you do a status check on your applications..(140 and appeal)...who know it may wake immi officer from his sweet sleep...
other guys, any news updates on any further denials, replies from AOO etc...keep us all posted..
Hi Nanshi,
Are you on H1?? If so, how much time you have left? If your case has been pending with AAO for this long, you must be covered by some other visa..
Reason I'm asking is, I really got screwed in the last minute (CSC) .. My denial (very silly reasons)came 1 month after I had applied for H1 7th yr extension..I'm still waiting for a decision on the 7th year extension...Even the lawyers don't seem to know very clearly whether my extension application is at 'risk' eventhough I have filed 290B.....My 6 years are up and I'm working based on a valid pending H1 extension application. Based on processing times, it will come up for processing in the next 2-3 months.. There is a view that I should re-file I-140/485 (in addition to the appeal) in order to protect my 7th yr extension..
What do you think? I can't believe there is no straight answer and it is only a matter of interpretation.. Should I spend thousands of more dollars and re-file everything ? Will it even guarantee my 7th yr extension?
Are you on H1?? If so, how much time you have left? If your case has been pending with AAO for this long, you must be covered by some other visa..
Reason I'm asking is, I really got screwed in the last minute (CSC) .. My denial (very silly reasons)came 1 month after I had applied for H1 7th yr extension..I'm still waiting for a decision on the 7th year extension...Even the lawyers don't seem to know very clearly whether my extension application is at 'risk' eventhough I have filed 290B.....My 6 years are up and I'm working based on a valid pending H1 extension application. Based on processing times, it will come up for processing in the next 2-3 months.. There is a view that I should re-file I-140/485 (in addition to the appeal) in order to protect my 7th yr extension..
What do you think? I can't believe there is no straight answer and it is only a matter of interpretation.. Should I spend thousands of more dollars and re-file everything ? Will it even guarantee my 7th yr extension?
Originally posted by naanshi
Hi ucis....,
My appeal went to AAO in July, 2003 and No update yet. I have passed more than 270 days now and Waiting for First "HAPPY"
nanshi.
hi popsy
i really have full sympathy with you, i swear this ridiculous USCIS people, they really do not care about any thing before taking -ve decision. i will check with my attorney about 7th year extension and will let you know. don't worry myself and lot of other people are hanging in here for AAO decision. you will have your merry day soon.
one thing i remembered.. after you will recieve your decision from AAO. then you will send the decision to USCIS to have your 140 approved. that time try as much as possible to show you are in valid H1B status, or else who knows what they will come up with again.
with regards
i really have full sympathy with you, i swear this ridiculous USCIS people, they really do not care about any thing before taking -ve decision. i will check with my attorney about 7th year extension and will let you know. don't worry myself and lot of other people are hanging in here for AAO decision. you will have your merry day soon.
one thing i remembered.. after you will recieve your decision from AAO. then you will send the decision to USCIS to have your 140 approved. that time try as much as possible to show you are in valid H1B status, or else who knows what they will come up with again.
with regards
Re: Re: Re: hi popsy
Unitednations: Thankyou very much for providing the link to that memo. It seems to make it quite clear that the 7th yr extension is approvable until a final decision on 140 is made by AAO. I just don't understand why my lawyer wasn't aware of that and was actually recommending that I re-file 140/485 ! He did say that my extension 'should' go through but no guarantees..he didn't provide any reasoning as to why he thought it could go either way.
Maybe, I will quote this memo to him and ask him for his opinion again before I re-file. Thanks again for this information.
Unitednations: Thankyou very much for providing the link to that memo. It seems to make it quite clear that the 7th yr extension is approvable until a final decision on 140 is made by AAO. I just don't understand why my lawyer wasn't aware of that and was actually recommending that I re-file 140/485 ! He did say that my extension 'should' go through but no guarantees..he didn't provide any reasoning as to why he thought it could go either way.
Maybe, I will quote this memo to him and ask him for his opinion again before I re-file. Thanks again for this information.
AAO Processing time
I just checked my case status online..As per the latest update, my case is received at AAO on 6th May and it takes '30 to 60' days to process this kind of case.
I'm very surprised that it says '30-60' days - elsewhere, in published processing times, AAO is supposed to be taking anywhere between 6 to 12 months on I-140 cases.
Which one is correct?
I just checked my case status online..As per the latest update, my case is received at AAO on 6th May and it takes '30 to 60' days to process this kind of case.
I'm very surprised that it says '30-60' days - elsewhere, in published processing times, AAO is supposed to be taking anywhere between 6 to 12 months on I-140 cases.
Which one is correct?
To: Unitednations
Hi, Thanks for your reply re. AAO processing times - I too thought that the case status timeframe was too good to be true.
My I140 category is interesting too.. I'm EB2 (qualf. and experience wise), but my original 140 (the one denied) was marked EB3 by BCIS - but processed like it was EB2.. in other words the denial came in 7 months (EB3 waiting times for 140 are much longer).. It will be interesting to see what category AAO looks at it under (their processing times is also different for the diff. categories of 140). It is not probably not relevant at all at this stage.
BTW, my lawyer is still recommending that I 're-file' eventhough the H1 extension is supposed to go through when an appeal is pending.. These lawyers know how to play on one's fears and anxieties..
Hi, Thanks for your reply re. AAO processing times - I too thought that the case status timeframe was too good to be true.
My I140 category is interesting too.. I'm EB2 (qualf. and experience wise), but my original 140 (the one denied) was marked EB3 by BCIS - but processed like it was EB2.. in other words the denial came in 7 months (EB3 waiting times for 140 are much longer).. It will be interesting to see what category AAO looks at it under (their processing times is also different for the diff. categories of 140). It is not probably not relevant at all at this stage.
BTW, my lawyer is still recommending that I 're-file' eventhough the H1 extension is supposed to go through when an appeal is pending.. These lawyers know how to play on one's fears and anxieties..
To: Unitednations
His rationale for the re-file is two-fold - 1. to secure 7th yr extension (I don't know if this is a valid reason) 2. to possibly get an 140 approval and/or EAD much quicker than the appeal - i.e., appeal will take a year whereas a re-file should be decided in less than 6 months (I believe CSC has introduced some pilot program for speedy processing).
That said, yes we have to state that in the new application that a prior 140 appication was denied. I asked him if they would be 'biased' because of that and he said that it is just a question that we need to answer but we don't have to draw attention to it by elaborating on the denial. Also, the reasons for my original denial were a combination of errors (on INS as well as my previous lawyer's part) and technicalities that can be overcome - we have produced addl. documentation in the appeal. Hopefully, if we provide those documents in the re-file, we will pre-empt those issues from arising.. In other words, if there is no 'bias' due to original denial, with all the documentation, it should go through in the re-file... atleast, that is the thinking.
BTW, I don't know much about your case and your comment is unclear. Did it get approved on the appeal or on a re-file? Please clarify.
Thanks
QUOTE=unitednations]What basis is your lawyer going to re-file 140. The form asks if one has applied for a 140 previously.
Has anything changed that would cause you to overcome the earlier denial?
I was going to suggest that my lawyer re-file if my case wasn't approved within the next month. I thought the lawyer could have used some more information that would have got the uscis to approve my 140. However, I didn't think of it until three months after the appeal was denied.
As you are aware my case got approved and it was mute anyways.[/QUOTE]
His rationale for the re-file is two-fold - 1. to secure 7th yr extension (I don't know if this is a valid reason) 2. to possibly get an 140 approval and/or EAD much quicker than the appeal - i.e., appeal will take a year whereas a re-file should be decided in less than 6 months (I believe CSC has introduced some pilot program for speedy processing).
That said, yes we have to state that in the new application that a prior 140 appication was denied. I asked him if they would be 'biased' because of that and he said that it is just a question that we need to answer but we don't have to draw attention to it by elaborating on the denial. Also, the reasons for my original denial were a combination of errors (on INS as well as my previous lawyer's part) and technicalities that can be overcome - we have produced addl. documentation in the appeal. Hopefully, if we provide those documents in the re-file, we will pre-empt those issues from arising.. In other words, if there is no 'bias' due to original denial, with all the documentation, it should go through in the re-file... atleast, that is the thinking.
BTW, I don't know much about your case and your comment is unclear. Did it get approved on the appeal or on a re-file? Please clarify.
Thanks
QUOTE=unitednations]What basis is your lawyer going to re-file 140. The form asks if one has applied for a 140 previously.
Has anything changed that would cause you to overcome the earlier denial?
I was going to suggest that my lawyer re-file if my case wasn't approved within the next month. I thought the lawyer could have used some more information that would have got the uscis to approve my 140. However, I didn't think of it until three months after the appeal was denied.
As you are aware my case got approved and it was mute anyways.[/QUOTE]
Working on EAD / 140 Denied
Heres the situation:
I was working with Company A on an H1B. They sponsored my GC in Aug 2002. Labor was cleared & we applied for 140 & 485(concurrent) in April 2003. We got an RFE on the company’s ability to pay in Aug 2003. We responded with company’s Tax Returns, Financial Statements, etc. in Sept 2003. In the mean time, my EAD was approved and is valid from June ’03 – ’04.
Oct ’03, I got an offer from Company B. I asked for my attorney’s advice to take up the offer based on AC-21 using my EAD even though my 140 was not approved. Based on his advice/approval, I took up the offer & started working with Company B.
Last week, my attorney called the USCIS to inquire on the status of my 140 appln. & they said it has been rejected (company’s ability to pay). We recd. a ‘Case Status Inquiry Response’ letter from INS stating that my 140 & 485 applns. have been denied but the letter states that my EAD & AP applns. are pending & the officer needs more time to adjudicate(I applied for EAD renewal & AP appln. In March ’04).
However, we have not recd. a formal denial notice on 140 or 485 from USCIS.
My attorney tells me now, that I am ‘Out of Status’; since my 140 appln. was denied, my EAD is invalid.
Is it accurate that I am ‘Out of Status’? If so, what are my options to get reinstated?
I am planning on contesting USCIS’s decision. Have you come across a similar situation?
Any pointers will be much appreciated.
Thank you.
Heres the situation:
I was working with Company A on an H1B. They sponsored my GC in Aug 2002. Labor was cleared & we applied for 140 & 485(concurrent) in April 2003. We got an RFE on the company’s ability to pay in Aug 2003. We responded with company’s Tax Returns, Financial Statements, etc. in Sept 2003. In the mean time, my EAD was approved and is valid from June ’03 – ’04.
Oct ’03, I got an offer from Company B. I asked for my attorney’s advice to take up the offer based on AC-21 using my EAD even though my 140 was not approved. Based on his advice/approval, I took up the offer & started working with Company B.
Last week, my attorney called the USCIS to inquire on the status of my 140 appln. & they said it has been rejected (company’s ability to pay). We recd. a ‘Case Status Inquiry Response’ letter from INS stating that my 140 & 485 applns. have been denied but the letter states that my EAD & AP applns. are pending & the officer needs more time to adjudicate(I applied for EAD renewal & AP appln. In March ’04).
However, we have not recd. a formal denial notice on 140 or 485 from USCIS.
My attorney tells me now, that I am ‘Out of Status’; since my 140 appln. was denied, my EAD is invalid.
Is it accurate that I am ‘Out of Status’? If so, what are my options to get reinstated?
I am planning on contesting USCIS’s decision. Have you come across a similar situation?
Any pointers will be much appreciated.
Thank you.
moniaandrzej said:
Hi moniaandrzej, I got rfe asking for company's 1998 tax returns and my w2 and tax returns. My lawer submitted all my company returns, except some schedules and My w2 and 1099. My company paid me 1/8th of my salary through W2 and remaining through 1099. He was paying my salary according to my H1 salary. But my I-140 was denied saying that not all the documents were submitted to prove the employers' ability to pay and also employer has paid only 1/8th of the proferred salary. My lawyer is appealing saying that the total(w2+1099) salary is met as per the H1b labor.
Do I stand a chance or not. I really appreciate your reply regarding this matter.
Thank you for your encouraging words unitednations, my employer gave me both W2 and 1099 together which adds upto my H1 labor specified salary not the Green card proferred salary,which is 65K. My salary was 45k on H1 he gave me 45k by combining both W2(10,000) and 1099(35000). So according to labor proferred salary I am short by 20K. I do not know whether this will affect my appeal or not. I am hoping for the best.unitednations said:
========unitednations said:
Hi UnitedNations,
Can you please help me on this :
How long does it take to get a response on an Appeal from Washington DC after the evidence has been sent.
My I140 was denied based on the company ability to pay, but my employer has been paying more than the wages given on the Labor. My company when started of had 10 employees but now I am the only meployee and it has been doing loses for last 2 years.
My lawyer did not send in my Tax returns when we got a RFE, so the denial letter states that though my employer has W2 which claimes to have paid me more, it is questionable.
Base don this, my employer has appealed with evidence that over a period, all our employees left for better opportunities and have not been on government assistance. Also now we have only 1 employee and that is me. He has also submitted my tax returns for last 3 years that clearly show the salary that I have beeb paid.
When my labor was filed, the wages quoted on it was was an amount X, but that is not my base salary. My base salary actually is less by almost 17,000, but with the incentives and overtime that I get, my salary is X+6000. My employer explained this in the appeal evidence, do you think this will be na issue...?????
I am in a very critical situation, a so now, my H1B has expired a year back and I was on EAD for a year. Now the EAD has also expired and was sent for renewal, whihc never came and instead I received I140 denial.
Will my appeal come thru and if it does or does not whatever the decesion maybe, when will i come to know, how long does it take???
How long after the denial am I allowed to stay in USA without getting subject to the BAR. Would I be better off looking for a substitute labor with another company instead of relying on the Appeal..???
Your inputs would be really valuable for me.
Thanks,
naanshi said:
Naanshi -
Do you have any statistics or information on substitute labors - success rates, denial rate - types of denials, typical RFEs....any other anecdotal info might be helpful too.
I have a substitute labor case too with RD of Feb 12 2004...my EAD and AP arrived by March 2004. FP was requested and got done in April 2004...just have not seen any change in status or further progress since then.
regds,
Hello Guys
My 140 is also denied based on company ability to pay. But the status on my case is not changed. my lawyer is filing an appeal to reconsider or reopen the case. i am not sure what is going to happen, but i am keeping my fingers crossed.
my company had loss in 2002, but we have shown profit in 2003. we are going to send 2003 financials and tons of bank statements to prove that company is paying me my salary.
any views guys on what would happen. i am on EB3, my 140 and 485 was filed on oct 29 2003 at VSC.
i was wondering why have they not changed my case status to denied or soemthing. is that normal or its a slack.
please help me with u advice guys on what should i do.
thanks
vicky
My 140 is also denied based on company ability to pay. But the status on my case is not changed. my lawyer is filing an appeal to reconsider or reopen the case. i am not sure what is going to happen, but i am keeping my fingers crossed.
my company had loss in 2002, but we have shown profit in 2003. we are going to send 2003 financials and tons of bank statements to prove that company is paying me my salary.
any views guys on what would happen. i am on EB3, my 140 and 485 was filed on oct 29 2003 at VSC.
i was wondering why have they not changed my case status to denied or soemthing. is that normal or its a slack.
please help me with u advice guys on what should i do.
thanks
vicky
more info
my company has a turnover of 1 million, we showed only $2000 loss in 2002 year and we have $9000 profit in 2003 with sales again 1 million. my salary on labor is 60K but currently i am getting only $43K. in 2004 we have won some govt contracts and we are going to do mroe business. we will show that too in the letter.
company has a credit line of 75K from bank which it has never used at any time. we are also going to show this in the letter. any advice guys.
also guys whose case was reconsider at the service center itself, i will appreciate if you could post the appeal letter that ur attorney would have sent. please take out the name of the company and other details or change it to something else. i just want to compare the argument of my lawyer with what others give.
your feedback on this will be highly appreciated. what do u think, will this make the officer to reopen and certify the case there itself or will he send it to AAO. if it goes to AAO then i am moving back to India.
please gurus advice will this
my company has a turnover of 1 million, we showed only $2000 loss in 2002 year and we have $9000 profit in 2003 with sales again 1 million. my salary on labor is 60K but currently i am getting only $43K. in 2004 we have won some govt contracts and we are going to do mroe business. we will show that too in the letter.
company has a credit line of 75K from bank which it has never used at any time. we are also going to show this in the letter. any advice guys.
also guys whose case was reconsider at the service center itself, i will appreciate if you could post the appeal letter that ur attorney would have sent. please take out the name of the company and other details or change it to something else. i just want to compare the argument of my lawyer with what others give.
your feedback on this will be highly appreciated. what do u think, will this make the officer to reopen and certify the case there itself or will he send it to AAO. if it goes to AAO then i am moving back to India.
please gurus advice will this
Just have hope your appeal will be sent to AAO, with BCIS it is all luck depending on the officer who handles your application but for your case it may not be easy to prove ability to pay since the company made a net loss at the time of filling your labor. It would have been to your advantage if your pay was 60K as indicated on labor certification but you were payed less (43K) and as I said everything is possible send whatever you have including paystubs and w2's and keep on praying don't go back to India.