140 Appeals

sshekher

Any idea why your case was denied, is it wrong category or any other specific thing was specified
 
My case was denied because i did not qualify for the educational qualifications and the field of study in the LC ( which was obtained for me in the first place - that is where the attorneys messed up ).

The service center is matching up the cases word to word with the requirements in the LC.
 
hi lcauser

can you please tell me,
when your 140 was denied did you received denial letter of 485,ead... etc also in your house.

when you filed for your 140 appeal, did you received receipt notice for your appeal.

and after exactly how many days was the 140 approved when after they received your petition in their office.


i have received my appeal receipt notice on 28 Jan, USCIS denied my petition coz of mistake from my lawyer.
 
ucissucks,

Yes, I did receive a letter from the Director, CSC stating that my I-485, EAD and AP petitions have been denied due my I-140 denial.

The service center will issue an receipt notice for your appeal (Just like other petitions). Your attorney will receive it by mail.

My petition was approved approximately in 30 calendar days after filing my I-290 Appeal petition.

All the best!!
 
Hi lcauser, Ziri

Does anyone have any idea what
8 C.F.R. 103.1(f3)(iii)(B) is?
The 140 Denial notice that i got stated explicitly that under the above section, I may not appeal!
But my current employer is going ahead with the attorney who is filing the I-290B and the MTR.
Now where does the attorney send these? To the AAO office in Washington or to the BCIS center in CA ?

You can take a look at the below thread for all the details of my case:
http://boards.immigration.com/showthread.php?s=&postid=686226
 
linuxrox, The I-290 Appeal will be filed at the service center which made an unfavourable decision in your case.

If any evidence and/or argument submitted with an appeal overcomes the grounds of the denial, the case will be treated as a Motion to Reopen and the application/petition will be approved, without forwarding the case to the AAO.
 
Originally posted by lcauser
linuxrox, The I-290 Appeal will be filed at the service center which made an unfavourable decision in your case.

If any evidence and/or argument submitted with an appeal overcomes the grounds of the denial, the case will be treated as a Motion to Reopen and the application/petition will be approved, without forwarding the case to the AAO.

Thanks lcauser.
Which means, only if the SErvice center(in my case USCIS - CA center) deems that the argument submitted in the I-290B/MTR is not admissible, then it will be sent to AAO in DC by the USCIS, right?
Also, do you have any idea as to typically, in what time frame we will come to know, if USCIS is transferring the case to AAO as an appeal?
Also, will they issue another tracking number for the I-290B case, or will it be trackable by my previous 140 case number itself?

thanks a ton
 
linuxrox, As per the USCIS website, it approx takes 4-8 weeks for them to process the I-290B petition.

The service center will issue a receipt notice for the I-290B petition, like any other petitions
 
lcauser can you please send us the link where it says
"it is taking 4-8 weeks for them to process the I-290B petition"

as per my knowledge it is around 6 months...right ?

and thank you very much for all the previous replies.
 
ucissucks,

You could find the processing times for I-290B under any service center processing times just before the JIT report.
 
finger print notice

My I140 petition is pending at AAO and today my lawyer received finger print notice. Is it a good news or finger print officials don't look at the I-140 status?

Any one with similar situation? If yes, did you take the finger prints?

Thanks.
 
tsnaresh,

There is no relation between I-140 and the fingerprints notice. INS usually sends the FP notice whenever they can, and the FPs once take are valid for 15 months.

Follow the 140 tracker and the updates on the forums, to know guess the date for your approval.

Good luck!!
 
My 140 Approved today after replying the RFE for education evaluation on Jan 30th 2004

Thanks for tsNaresh and lcuser for giving me the details in getting my evaluation done.

Good Luck to you all.
 
Did anyone got I-140 denial for reason of financial ability or performanceof employer

know you guys have gathered much information and I value your comments very much.

My current sponsor company has around 20 employees (IT consulting) and they had negative tax return in 2001, and 2000, but showed profit of more than 50,000 dollars in 2002. Also they have very good bank statements.

I dont work for this company as my GC was filed for a future employment in EB2 category. I wonder everyday that if company's financial ability may become a reason for I-140 denial.

I'm sure that my profile was matched very well with labor certification (experience and education) which was substituted in my case. I do have a master degree from US, which labor certificate required.

What is your opinion about the chances of getting I-140 approved or may I get a RFE or denial all together. etc.

Your comments with chances of approval or getting RFE or denail would be highly appreciated.

Also I was wondering if there is any thing be done once RFE is denied.

Thanks
 
WOW!!! Congrats SaiBobby!!!


This gives many applicants with 3 year degree some hope.

SaiBobby, can you please post your details?
Specially the following:

LC requirement
Service center
Category (EB3/EB2)
your qualifications

or email me...i think you know my email.

Thanks.
 
Thank you!

tsNaresh,

Here are the details of my case:


LC Requirement : BS or equivalent majority field being computer science
Service center : Vermont
Category : EB3
My Qualifications : Bachelor of science(Computers, Maths, Physics - 3 years) + 2 year Masters diploma in computer applications

Priority date of I 140 - 08/25/03
140 RFE Issued on - 11/5/03
140 RFE replied on - 01/30/04

140 Approved - 03/04/04
 
I-140 RFE

I had an RFE regrading my employers ability to pay. I was curious that those people whose I-140 was denied , for them how much time it took for the denial to come after the reply of I-140. I am on EAD right now and will have to make arrangements to get a new H1 if my I-140 ( because of RFE) is denied. Any body who can give a rough idea that how many days it takes for I-140 to be rejected (if at all ) that will give me some idea abt how to plan things myself.

Thanks
 
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