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140 denials
- Thread starter sivaa
- Start date
After getting I-140 denial letter, if you feel that the decision is based on incorrect data/information then you can file I-290 B Appeal to the Comissioner, with $110.00.
1. The time limit is 30-33 days from the date of decision.
2, Appeal can be sent with any supporting document or only the Arguments.
3. Appeal has to be filed in the particular service center, which denied the case. (like TSC in my case)
4. If the Service center accepts the arguments, then they will approve the case. If not they will forward it to the Administrative Appeals Unit in Washington for review.
5. Time taken is normally different for different category(As per www.immigration.com, For EB2, the current processing time is Six months)
If you think, you have more documents to overturn the denial, then you may go for "Motion to Reopen", instead of Appeal.
Here are the fun parts:
1. Appeal petition will go to the same officer who denied the case, for initial review. Do you think, you will get justice????????? That officer will surely deny again to keep his/her job. They won't normally accept their mistakes.
2. Most of the time, Service Center will stand with their employee, in case of an appeal.
As per my knowledge, only like 5% of appeal cases are getting approved and Appeal is a waste of time and waste of $110.00 process.
Sivaa, what happened to your case?
Nanshi.
1. The time limit is 30-33 days from the date of decision.
2, Appeal can be sent with any supporting document or only the Arguments.
3. Appeal has to be filed in the particular service center, which denied the case. (like TSC in my case)
4. If the Service center accepts the arguments, then they will approve the case. If not they will forward it to the Administrative Appeals Unit in Washington for review.
5. Time taken is normally different for different category(As per www.immigration.com, For EB2, the current processing time is Six months)
If you think, you have more documents to overturn the denial, then you may go for "Motion to Reopen", instead of Appeal.
Here are the fun parts:
1. Appeal petition will go to the same officer who denied the case, for initial review. Do you think, you will get justice????????? That officer will surely deny again to keep his/her job. They won't normally accept their mistakes.
2. Most of the time, Service Center will stand with their employee, in case of an appeal.
As per my knowledge, only like 5% of appeal cases are getting approved and Appeal is a waste of time and waste of $110.00 process.
Sivaa, what happened to your case?
Nanshi.
Hi Sivaa,
Looks like You got RFE in December 2002. What was your RFE? Was it regarding you or your employer?
My appeal was forwarded to AAU, Washington on July 10,2003. I am not a stupid to wait for the "appeal decision"(I know, it will be Denial only) which will come after 2-3 years. By God's grace, I just changed my employer and planning to file I-140/I-485 soon from Nebaraska Service center, with approved labor certificate.
My I-140 was denied due to "So called" H1B violations in previous sponsoring company. (Luckily, I have never worked for this company) But BCIS is still approving I-140 cases for the same company. Same company, Same H1B Violations, but I am the only victim. Others are still getting their approval. I don't know the logic behind this. Anyway we cannot talk about Logic with BCIS.
Looks like they don't like the name "siva".(Just Kidding...) For your information, My name is also "Siva".
Nanshi.
Looks like You got RFE in December 2002. What was your RFE? Was it regarding you or your employer?
My appeal was forwarded to AAU, Washington on July 10,2003. I am not a stupid to wait for the "appeal decision"(I know, it will be Denial only) which will come after 2-3 years. By God's grace, I just changed my employer and planning to file I-140/I-485 soon from Nebaraska Service center, with approved labor certificate.
My I-140 was denied due to "So called" H1B violations in previous sponsoring company. (Luckily, I have never worked for this company) But BCIS is still approving I-140 cases for the same company. Same company, Same H1B Violations, but I am the only victim. Others are still getting their approval. I don't know the logic behind this. Anyway we cannot talk about Logic with BCIS.
Looks like they don't like the name "siva".(Just Kidding...) For your information, My name is also "Siva".
Nanshi.
Hi Naanshi,
my case was denied saying that equilancy of degree. That is we cannot use multiple degrees in India to get a equivalent bachelors degree in U.S. That is a very stupid.
see this link:
http://www.murthy.com/ukmurtak.html
We are going to appeal the case.
If we appeal, can i still get my EAD at local INS office?
Please also let me know whether BCIS would let us know after appealing as to whether they forwarded the case to AAO or they approved it themselves.
my case was denied saying that equilancy of degree. That is we cannot use multiple degrees in India to get a equivalent bachelors degree in U.S. That is a very stupid.
see this link:
http://www.murthy.com/ukmurtak.html
We are going to appeal the case.
If we appeal, can i still get my EAD at local INS office?
Please also let me know whether BCIS would let us know after appealing as to whether they forwarded the case to AAO or they approved it themselves.
Last edited by a moderator:
Hi Sivaa,
I am sorry for to hear about your denial. Hope things will be o.k. After reading your earlier posts, I could guess that your case was denied.
Looks like you have your Three years degree with some certification. So many people are getting approval from all the service centers with Three Years degree and One year NIIT or APTech Certification. Like what happened in my case, BCIS does not follow any type of common rule or Law. Each So Called "Officers" make their own custom made rule and there is nobody to supervise or monitor this. (They might be very busy in reducing backlogs by shredding the documents)
If you appeal, it may take a month or two to get the initial decision from NSC. (In Texas Service Center, the officer took almost Six months to send it to Washington). But my
advise to you is don't wait for appeal decision. If your H1B Six years limit is approaching soon then Try other possibilities also. Like I said earlier, Appeal is just a time wasting process. Officer is not going to say that he or She made mistake. Even if they feel they made mistake, they will try to find some other reason to confirm the denial. If you are very lucky, you may get your approval.
If you get your I-485 denial letter, then I don't think you can go to your local office to get the EAD. Normally you will get I-485 denial letter, when you get your I-140 denial letter.
Don't loose hope. I got my denial, when I had only One year left in my Six year H1B limit. Try all the possibilities, instead of waiting for this "Appeal" Process. I wasted almost Six months in this.
You may go for "Motion to Reopen" with new educational evaluation. Sometimes that may help. Consult with your attorney and Wish you all the Best.
Nanshi
I am sorry for to hear about your denial. Hope things will be o.k. After reading your earlier posts, I could guess that your case was denied.
Looks like you have your Three years degree with some certification. So many people are getting approval from all the service centers with Three Years degree and One year NIIT or APTech Certification. Like what happened in my case, BCIS does not follow any type of common rule or Law. Each So Called "Officers" make their own custom made rule and there is nobody to supervise or monitor this. (They might be very busy in reducing backlogs by shredding the documents)
If you appeal, it may take a month or two to get the initial decision from NSC. (In Texas Service Center, the officer took almost Six months to send it to Washington). But my
advise to you is don't wait for appeal decision. If your H1B Six years limit is approaching soon then Try other possibilities also. Like I said earlier, Appeal is just a time wasting process. Officer is not going to say that he or She made mistake. Even if they feel they made mistake, they will try to find some other reason to confirm the denial. If you are very lucky, you may get your approval.
If you get your I-485 denial letter, then I don't think you can go to your local office to get the EAD. Normally you will get I-485 denial letter, when you get your I-140 denial letter.
Don't loose hope. I got my denial, when I had only One year left in my Six year H1B limit. Try all the possibilities, instead of waiting for this "Appeal" Process. I wasted almost Six months in this.
You may go for "Motion to Reopen" with new educational evaluation. Sometimes that may help. Consult with your attorney and Wish you all the Best.
Nanshi
Hi Sivaa,
Online status will be same for the denied I-140 petition (That is " a written notice sent on ......), till they review the petition.
In my case, the I-140 case status changed from "Denied" to "Pending" on April 28,2003 and then finally the status changed to "On July 13, this case has been forwarderd to AAU". I filed appeal in the first week Jan 2003.
Hope this helps.
Nanshi.
Online status will be same for the denied I-140 petition (That is " a written notice sent on ......), till they review the petition.
In my case, the I-140 case status changed from "Denied" to "Pending" on April 28,2003 and then finally the status changed to "On July 13, this case has been forwarderd to AAU". I filed appeal in the first week Jan 2003.
Hope this helps.
Nanshi.
Originally posted by sivaa
naanshi,
will INS website be updated after they receive our motion to reopen. Please also let me know whether the online case status will be updated if the case is forwarded to AAU.
I don't think so. But if you check your motion to reopen number, it might not just say the motion approved.
So keep on checking your original I140 number.
Originally posted by naanshi
Alren,
What you don't think so? I am talking about what happened to my I-140 Petition status only.
Naanshi.
OK, here is what I meant to say.
If the motion to reopen is approved, then it will say that the motion to reopen is approved NOT that case is approved. You will have to keep on looking at the LIN # for the 140 also, which will tell it is approved.