140/485 Denied - should we leave for India

[dyingforgc]

As you all know, We have filed an appeal on our I 140 denial on 2nd September 2005, with a reciept date of 5th September 2005.

How long does it take to get a response on Appeal ??

Is there a way i can check processing date or time for Appeal. I have receipt no and i am checking online status but it says that it will take 30 to 180 days for such case. But anywhere i can check their processing dates schedule??

Thanks,
Dev

You didn't answer question I asked before. Did you file for MTR to re-open I-485?? Re-opening I-140 ONLY doesn't put you back in status (or stops clock on illegal presence) if you don't file MTR for I-485. You should have done this with I-140 appeal. Don't waste time. you really need to seek good attorney's help. Your story reflects that attorney you used is not very competent .

 

[Dev_recruit]

Dev again

Hi Dyingforgc and other friends,
Just to answer dyingforgc's question, We can not file a MTR for 485 as the denial letter for 485 is not allowing us for any appeal. We have filed only Appeal in September for 140.

I talked with 3 attorney's till now, everyone talks different, but one thing agreed was not to file a MTR now for 140 as already 5 months are over on appeal. They said you can wait here for the baby and wait for this appeal to turn good. You continue working if there is someone to pay you in cash.

The 140 denial is for only one reason that our attorney did not submit 750A form which states that Physical Therapy falls under Schedule A profession. They have mentioned that they received 750B but not 750A. The RFE before that asked for financial statements of employer and 750A form. The attorney filed that but it was denied saying that you have still not provided 750A form so it is denied.

So the appeal was immediately filed with copy of 750A form which our lawyer is saying that he submitted twice before, at the time of first filing and at the time of RFE and still they denied on same. It is not saying 750A has issues it specifically says that we do not have a copy of 750A form. So denial is on only one reason.

That's why other attorney's whom i consulted told me that, this is a simple denial reason and it should get approved, because they are not seeing any reason why not. So we have decided to stay back and have baby here, we are thinking on the same track of what newbie said "At least you know "what you already archive for 7 years in the US" is your kid life will not be screwed up like yours"

So now let's hope we get it soon. Positive or negative news.

Just wanted to know where can i check status on AAU processing. Vermont center doesn't give any info other then the online status. Which says your appeal was recieved on 5th September and we have sent receipt.It takes 30 to 180 days for such case.

Let me know if you have any idea about how to get processing time on it.

Thanks
Dev

 

[GreenCardVirus]

You understood correctly. If you have no other status you begin accruing illegal prescence the date of 485 denial. At any point after that you would be subject to removal proceedings. However, USCIS/ICE doesn't generally initiate that upon 485 denial. However, if you stay past 180 days of that denial then it will cause issues in future immigration cases for you.

UN, I got some confusing opinions. My case was open on an MTR after 40 days 485 was denied. If asked now whether I heve been ever out of status, what sould my answer be?

 

[joshi_tushar]

Why don’t you ask your Lawyer to apply for motion to reopen, by that u will hold u r 485 status and then apply for EAD, once u get EAD try to change the employer and worst case file for new 140 through him, first thing you do is change your lawyer and go for some good 1

Note: I am not attorney, please contact to good lawyer before taking any steps

 

[GaramChai2go]

UN, U r really good

UN, You are like Immigration God, you have answers for everything. You are opinions are as good as a good lawyer. I am so impressed.

 

[GCVARUMA]

UN, You are like Immigration God, you have answers for everything. You are opinions are as good as a good lawyer. I am so impressed.

Its not the question of UN having answers for everything.. its the thought to share information and guide people the right way impresses me the most.

Good job UN and keep it up.

Thanks.
GCVaruma.

 

[Dev_recruit]

Thanks UN but one question

Thanks UN for your support and everyone on the board to share thoughts.

As you all know, we are staying back and have baby here in May 1st week.
My concern is what UN mentioned in his last posting.

""To make it even more complicated; if eventually you get a positive decision and it is as if the denial never occurred in the first place but you worked after you EAD had expired and it was more then six months then that would also bar you from adjusting status. - UN ""

So even if our I140 gets approved through this appeal now, our stay will be for more then 180 days and we have worked till now i.e. for 5 months after denial on 485, because our attorney dude, submitted new renewal applications for EAD on Dec. 8th when our old EAD expired. Ofcourse when i got denial for EAD on 27th Jan, i could get the seriousness of my problem, as he never told me in detail before that your case is in appeal for I 140 - i was under impression that we had one more RFE and he replied to that.
So now he has sent me the copy of i140 denial letter and the copy of appeal he made for the same.

So from what you have written, i gather that even if we will get our I 140 approved after Feb 19th (after our 180 days are over) because of our overstay more then 180 days and because we worked for more then 5 months after 485 denial, we will not be able to get a new EAD and what can happen to 485, i guess we will definately get a difficult interview on 485 at Final stage.

Any ideas. Am i getting it right? because if we don't get EAD again we can't work legally and can't drive because i can't renew license without EAD card in NJ, so i will have to wait till 485 gets approved and we get GC?? to get license and work legally again?
OR
after getting 140 approved, we won't be able to adjust status because of the reasons given above and have to leave US.
Dev