140 Denied, applied for Appeal, case is back with INS- What's happening ..any idea?

AAO is of no-help

The approval rate at AAO is just ~10%.
Unless your attorney makes a strong case with convincing letter with hell of financial documentation, it just comes back with original denial reason.
I guess, AAO people, don't even spend more than 10 minutes before making a decision. It's again takes 8-10 months. If you have a good attorney and responsive employer, you can count on it, other wise, it's just frustratingly waste of time and energy. I realised with my I-140 denial.

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it's just my opinion.
 
What happened to your case

Lohit,
What happened in your case! Can you please give some details.
Thanks,
Sarwar
 
liquidated assets

UnitedNations,
My employer has filed an appeal by claiming that he has liquidated assets which more than enough to cover me as well as all the employees of my employer. Do you think that USCIS will accept this claim in 290B appeal.
Thanks,
Sarwarmd
 
290Bs LUD got updated twice with the same message

unitednations said:
Depends.

If from priority date until date of denial the calculated proferred wage is say $250K. However, you got paid $175K for the same timeframe. Therefore, the difference is $75K. Is he showing that he has $75K in liquid assets at the time of the appeal.

It could work. A lot of it would have to do with the calculation and the documentation of the liquid assets. USCIS can play the game that full proferred wage has to be available on priority date. Very rarely do they do this. If the argument was that it is inappropriate to look at interim periods for ability to pay and that one has to look at the whole time frame from priority date then employers argument could work. However, it would have to be convincing with proper documentation.

Has it gone to appeals unit or is it with the same adjudicator.
Click to expand...

UnitedNations,
Thanks for your feedback and prompt reply.
My 290Bs LUDs got updated on 09-21-04 and 09-23-04 and there is no change in the messages. Like 290Bs
-----290Bs message --
Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on August 10, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
---- and 140 message remains unchanged which is ---------------
On April 15, 2004, we received your response to our request for evidence or information. It is taking between 90 and 485 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.
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As per your opinion, where is it standing now!
Thanks,
 
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