I-140 cases at AAO

What does NIW stand for?

What am I to do if AAO has not come up with any decission for 1.5 years and their 800 national number does not know anything?

The projected time for EB-3 category is 10 moths but nobody knows why my case takes longer ?????
 
monia
NIW is national interest waiver!
thats the exceptional ability/outstanding candidates or candidates with Phd! Were you in that category when you filed for 140.
 
Gyes,
I am going to apply for EAD as soon as my Federal Labor is cleared (possibly next month). The problem is my wife wants to go to India urgently. Is it possible that she will have her medical checkup now and go to India? Once I am ready to apply for EAD and I140, I will send papers to her in India for her signatures.

Thanks in advance.
 
I have applied I-485 & EAD using the appeal I got from AAO since INS has failed to respond for now over 120 days. May be it will be a wake up call.
 
I have not received the decision on my case within the projected time (12 months). EB-3 What to do? I have been waiting for 16 months.
 
hi moniaandrzej & MNP

moniaandrzej, what category did you applied your 140 petition. is it EB3. coz on my Appeal Receipt it says 30-180 days(6 months to decide). and my file file transfered to AAO in 2 months.
Appeal filed in Jan, forwarded to AAO in March.

Guys, and are there any people who have received decision in 6 months(proper time as mentioned in web site), or is it normally takes long time, like always with UCIS.

MNP you have mentioned the latest decision on that link. but the link do not have the latest info that AAO have decided.
 
It is a waste of Time to wait for AAO decisions. It will take years for them to deny again. Only less than 5% of cases will get approved by AAO.
Mine was EB2-RIR. The appeal was filed in Jan 2003 and sent to AAO in July 2003. It is of more than 15 months (after filing with the service Center and 8 months after my case went to AAO) now and their website tells that EB2 cases take 6 months.
I am sure I will have to wait for at least a year more to hear that AAO also denied the case.


naanshi.
 
AAO Decisions

Hi ucissucks,
What I meant was those are the latest "published decisions" on the USCIS website .Last when I checked (about 2 weeks ago) they did not exist. Additionaly, I see a trend in those decisions, most of the cases where the denial was based on "ability to pay proferred wages" were dismissed(or denied) because the petitioner had shown losses for the tax years from when the LC application was filed until 140 was denied. Previously the AAO took a stand that even if the company had "net losses" IF they had "gross profits" which were higher than the proferred wage, they would approve the application, BUT THAT IS NOT THE CASE ANYMORE (read the decisions on the USCIS site) . The best way to tackle this requirement is to show the amount of "Net Current Assets" which would have to be higher than the proferred wage, and in that case the application should be approved. So if you have a similar RFE, make sure you speak with your attorney and ask him how is he/she going to respond about this before they argue otherwise. I hope it helps.

MNP
 
Hi MNP,
What about the 140 appeals for education equilancy. Did you see any cases in AAO with indian 3 year degree get approved.
 
By reviewing AAO decisions I found something interesting.
If the sponsor employes more than 100 employees the appeal is sustained without a financial evidence from the company but based on financial projections. The letter from the company financial director is sufficient to determine the ability to pay a prevailing wage.
 
HELPPPP

Hi gurus,
I am very new and I need immediate information and guidance.

Let me try to summarize since my situation is a little complicated, at least to me.

My first H1-B expired in September 2003. So we got the 3 year extensions for me and for my wife. Then in November 2003, my wife went to Turkey for a visit and also to get her new H-4 stamp in the passport.

Now she has still been waiting for the visa. We thought we would get it in a few days or maybe weeks, but not months.

In the meanwhile my LC is approved and I started I-140 a few days ago.

I am holding 485 application for her to come here, which we don't know when.

Now, what should we do ??

1. Wait for the visa to come along and start 485 as soon as she gets here? what if I start 485 now and send the docs to her to sign? what is the impact?

2. is there maybe some other way to get her here by using either 140 or 485?

3. have I done the right thing by starting only 140??

If you understand my situation, please please advise me. It would be very much appreciated.

Thanks alot,
ers_md
 
Sivaa,

Yes, I do believe there are couple of cases with the 3-year degrees, but I am not sure what the outcome was in those cases. I have learnt from this forum that people are having trouble convincing the BCIS that their 3 year degree and some kind of computer course equates to a US Bachelor degree. Also,
the BCIS is not accepting experience in lieu of formal education when I-140 is concerned, which they did for non-immigrant visas. I think every situation is different and the petitioners attorney should give utmost importance to wording the job requirements as stated in Section 14 and 15 of the ETA 750.

MNP
 
There are cases with three year degrees and almost all got rejected. The reason is, LC did not have provision to accept experience in lieu of education. My I140 got recently denied based on education equivalency. My LC did not even have the term "Or equivalent" in it.
 
case reopened

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.
 
Congrats tsnaresh. It looks like AAO has sustained your appeal and re-opened your case. You should see your I-140 approval pretty soon...
 
tsnaresh, Your case should be approved soon. I remember your 140 was denied due to 3 year degree. My case was also denied due to 3 year degree. Please post your date of appeal like when you mailed your appeal to BCIS and when the case was forwarded to AAO and when the AAO sent the case back to BCIS.
Thanks and Congrats.
 
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