140 Appeals

unitednations,

My attorney received the notice from VSC stating that the case has been re-opened on MTR and they will let us know the decision taken on the case.

So far no decision has been made.

Guys, Just a suggestion(I am not an attorney), if your original labor cert was applied long back say some time in 2001, you can argue that the recent policy changes(restrictive) shouldn't applied to your case (retrospectively). As SC's are rejecting the combination of degrees recently (to my knowledge started some time in 2002).
This might weigh something...atleast you won't loose anything by including this point, discuss with your attorney.


Thanks.

PS: I am not an attorney, this is just my observation.
 
Hi unitednations,

Thanks for your reply, my lawyer is trying to get education evaluation which can say my degree is a bachelor of degree.
I dont know they can get it or not? and at the same i'm going to file LCA again without wasting any time. but then we have to give 3 month ad for RIR case. do we always have to give 3 months ad to file case in RIR?????

Thanks,
Vikas
 
Hi, I called trustforte corporation and they said that course-by-course evaluation would take more than 1 and half month to complete. I noticed many people who got evaluations from trustforte corporation. Can you please post details of the
type of evaluation done
name of evaluator
timeframe of evaluation

tsnaresh, saibobby and united nations can you please reply with the infomation or please send e-mail to skonegalla@hotmail.com
 
Anybody went through this????
Long journey. But no end till now.

I-140 filed in TSC : July 2001 (Orginal Labor)
I-140 RFE issued : March 2002 (Company Financial Ability)
I-140 Intend to Deny Issued: May 2002
I-485 Filed in TSC : Sept 2002 (Using Concurrent Rule)
I-140/I-485 Denied in TSC: Dec 2002.
I-290B Appeal filed in TSC : Jan 2003
I-290B transferred to AAO : July 2003

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

I-140/I-485 filed in NSC : Sept 2003 (Using Sub labor)
I-140 RFE Issued in NSC : April 2004(Company Financial Ability)
FP Completed : April 2004
(FP notice had NSC LIN number, Not TSC SRC number. I confirmed this while Finger Printing)

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

I-140/I-290B Appeal last updated date: first April 27,2004,then April 28, 2004
I-485 (TSC) Last updated : April 28, 2004
I-485 (TSC) current Status : Finger Print received on April 28, 2004, Process resumed.
I-485 for spouse Current Status: Finger Print received on April 28, 2004, Process resumed.
(Spouse case was not sent to AAO before. It was just saying that received on Sept 09,2003)

************************************
I-485 (NSC) Current Status: Received on Sept 24, 2003
*************************************

Anybody went through this before? What does it mean????? Is it a mistake, that from my A#, FP received went to I-485 TSC file, not I-485 NSC file.


nanshi
 
Nanshi,

You know, each person have unique A#. Most of the things are following with A # in BCIS. So just talk to your attorney on this issue. He could request to INS for correction.

wish you All the best........


Originally posted by naanshi
Anybody went through this????
Long journey. But no end till now.

I-140 filed in TSC : July 2001 (Orginal Labor)
I-140 RFE issued : March 2002 (Company Financial Ability)
I-140 Intend to Deny Issued: May 2002
I-485 Filed in TSC : Sept 2002 (Using Concurrent Rule)
I-140/I-485 Denied in TSC: Dec 2002.
I-290B Appeal filed in TSC : Jan 2003
I-290B transferred to AAO : July 2003

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

I-140/I-485 filed in NSC : Sept 2003 (Using Sub labor)
I-140 RFE Issued in NSC : April 2004(Company Financial Ability)
FP Completed : April 2004
(FP notice had NSC LIN number, Not TSC SRC number. I confirmed this while Finger Printing)

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

I-140/I-290B Appeal last updated date: first April 27,2004,then April 28, 2004
I-485 (TSC) Last updated : April 28, 2004
I-485 (TSC) current Status : Finger Print received on April 28, 2004, Process resumed.
I-485 for spouse Current Status: Finger Print received on April 28, 2004, Process resumed.
(Spouse case was not sent to AAO before. It was just saying that received on Sept 09,2003)

************************************
I-485 (NSC) Current Status: Received on Sept 24, 2003
*************************************

Anybody went through this before? What does it mean????? Is it a mistake, that from my A#, FP received went to I-485 TSC file, not I-485 NSC file.


nanshi
Click to expand...
 
Hi, My 140 was denied for 3 year degree and I appealed it. The appeal is still pending. But I received fingerprint notice yesterday asking me to go to local INS office and give fingerprints. I do not understand whether I have to go or not. Anybody with same experience.
 
Siva,

It's good news for you man! I belive they opend the case in Service center it self. You can contact the customer service via your autorney on immigration visa status.







Originally posted by sivaa
Hi, My 140 was denied for 3 year degree and I appealed it. The appeal is still pending. But I received fingerprint notice yesterday asking me to go to local INS office and give fingerprints. I do not understand whether I have to go or not. Anybody with same experience.
Click to expand...
 
Hi,
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.
 
sivaa,

Do take the finger prints? Did you (/attorney) receive any communication from NSC? It seems like they are re-considering their decision. Normally, they would say, your case has been transferred to AAO. But you know man...they are not consistent across the board. Just hang in there.

Good luck.
 
Hi Nanshi,

There is interesting news for you. After your post I check the status of my previous denied cases which are not appealed. They are updated recently. What purpose INS updated I don’t know?????????????








Originally posted by naanshi
Anybody went through this????
Long journey. But no end till now.

I-140 filed in TSC : July 2001 (Orginal Labor)
I-140 RFE issued : March 2002 (Company Financial Ability)
I-140 Intend to Deny Issued: May 2002
I-485 Filed in TSC : Sept 2002 (Using Concurrent Rule)
I-140/I-485 Denied in TSC: Dec 2002.
I-290B Appeal filed in TSC : Jan 2003
I-290B transferred to AAO : July 2003

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

I-140/I-485 filed in NSC : Sept 2003 (Using Sub labor)
I-140 RFE Issued in NSC : April 2004(Company Financial Ability)
FP Completed : April 2004
(FP notice had NSC LIN number, Not TSC SRC number. I confirmed this while Finger Printing)

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

I-140/I-290B Appeal last updated date: first April 27,2004,then April 28, 2004
I-485 (TSC) Last updated : April 28, 2004
I-485 (TSC) current Status : Finger Print received on April 28, 2004, Process resumed.
I-485 for spouse Current Status: Finger Print received on April 28, 2004, Process resumed.
(Spouse case was not sent to AAO before. It was just saying that received on Sept 09,2003)

************************************
I-485 (NSC) Current Status: Received on Sept 24, 2003
*************************************

Anybody went through this before? What does it mean????? Is it a mistake, that from my A#, FP received went to I-485 TSC file, not I-485 NSC file.


nanshi
Click to expand...
 
BCIS,

This does not make any sense. If you did not file for appeal, then how come the status got updated?

Can you give me some more details, please.

1. When was your case got denied?
2. What was the previous status displayed? What is the current status?
3. What was the reason for deniual?
4. Did you file any kind of Motion to Reopen?

I am fully confused with my status change also. I did FP for I-485 filed in NSC. But the status updated for I-485 filed in TSC.

nanshi.
 
Nanshi

Just i added my old LIN# also to my Portfolio( You know new USCIS system allowing to view multple case with user account).

I notice there is updated date as 03/30/04. it's for new and old 485/765 cases

Old history:

My 140/485/765 + Spouse/Child cases ND DEC 2002
PF done in Jan 2003
Denied all togeter in May 2003

My corporate not released the exact cause for this denial and not allowed to appeal. So cases are closed literally.


New history:

Filed 140 in 06/19/03 with substitute then Corp not allowed me file concurrent. They asked me to wiat for 140 approval. After so many gimmicks.. I added only my 485/765 on 02/04/04.

got RFE on 140 on 03/03/04 and replied on 03/09/04.

Just few days back 485 filed for spouse/child ND 04/22/04.

so far No response on RFE/140.
 
BCIS,
What is your old I-485s current status? Did it say that it was denied before?

nanshi.
 
Never updated the message, same message is sitting from Dec 2002. This type Case will take # days to process…bla ..bla..
 
Guys,
Does anyone know how many days would it take for NSC to get the finger print analysis after we take 'em???
 
Nanshi and other Gurus...

My I-140 RD is Oct 7 03, Eb2 cemi-concurrent. I also applied for AP and EAD at the same time as 140. I got my EAD approved on 26 April 04. I haven't received any FP notices. Do I have any chance getting the same in the near future??

I'm already on my 7th year H1B extension. The client is coercing me to join them, which I have put off for a month.

Thx....
 
hathwar

I think that your case will not be considered under the new memo guide line, as yours is not concurrent filing. I think your I140 will be cleared first and then they will process 485 so you might see your i140 approval first and soon. which might be good for you as you can use AC21.
 
"For all those people who don't have their 140 approved but have filed their 485, you should get your green card much faster."

100% I agree with unitednations.

nanshi.
 
Originally posted by naanshi
"For all those people who don't have their 140 approved but have filed their 485, you should get your green card much faster."

100% I agree with unitednations.

nanshi.
Click to expand...

Hi Nanshi!

Does this hold true for people like me who are planning to concurrently file the I-140/I-485 also (probably before May 15th).

Thanks,
RGS.
 
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