140 in appeal.....but recieved FP notice... WHAT DOES IT MEAN???

G

gcconfusion

Registered Users (C)
Friends,

Please explain whats going on here. Below is a brief summary of my case.

1. Concurrently filed 140, 485 in April 2003.
2. RFE (Co's financials) in 140 in July - replied in Sept. 2003.
3. 140 denied (Hence 485 also denied ) in Nov '03.
4. Filed appeal in late Nov. for 140 reconsideration to INS and also AAO.
5. All the online statuses show same old messages (...Recieved your application...it takes 90 to 485 days....)

I did not hear anything else from the Service Center, but on saturday I recieved my FP notice. I am totally confused here. I thought 140 has to be approved before FP is done.

ANyone or ur friends have or heard of similar cases/situations. Can anyone explain whats going on here....

Thanks.
 
I may not be of much help to you. But, I believe I140 need not be approved for the finger printing to be done. These two are independent.

I do not mean to rub salt into your wounds, but can you tell us if your 140 was rejected because of the company's inability to prove that they can pay you? Or was it something else?

Stay safe and good luck.
 
what was the exact RFE about company financials ?

what all papers u sent to reply to RFE ?

what was message in deinal notice?
 
hi gcconfusion..

my 140 petition is also sent to AAO along with motion to reopen.
i received a receipt notice telling Appeal to Commisioner.

can you please tell me have you received any other letter other than receipt notice from USCIS.that your petition is sent to AAO office in washingon etc etc.
or are they likely to consider you motion-to-reopen.

do you have any idea how long this people are taking these days to process cases like ours.
 
Thanks for the replies guys. Anyway as for details of my RFE, it was regarding my Co's ability to pay in the year the labor was approved(mine's a labor substitution) because the company in loss. The reply was on lines that the Co. paid promptly to original LC applicant who later left the Co. Also it mentioned that I was not working for the Co. in that year & hence the question of not able to pay me does not arise. The Co. also provided documents to show that it is profit making since 2 years and has the ability to pay...so on. Hope it answers your questions.

Also Gurus & Senior members, coming to my original post and questions, Am I fair enough to assume that the fact I got FP notice, after denial of 140 (and subsequently appealed) means that the chances of 140 approval are bright?? or Are these totally unrelated. Please share your thoughts.
 
it is really a separate one

Hi

I feel sorry to know about the present decision. I hope you get some thing positive soon. As far your enquiry about FP notice and
I-140 , there is nothing in common. This is what I heard from people around in the forum. In the recent past it looks that Finger print notices are sent to people who are at the verge of getting their I-485 approvals. This is to avoid taking a second FP.
I got my FP notice around 19 months after I-140 RD and 13 months after I-1485 RD.

Also FP notices are not co-ordinated ones even with I-485 notices. One of my friends got his I-485 case transferred to a local office just a couple of months before his finger print expiry
and he was even called for the final interview for stamping in his passport in Nov 2003 which is 2 months after his finger print got
expired. They realized it during this interview and asked him to go for finger print again and still he is waiting for the results.

This shows that FP notices are handled by some other agencies that has nothing to do with BCIS and what BCIS care is the final report from FBI.

Please don't confuse this but try to get in touch with BCIS preferably through an attorney and get a positive response.

I wish you a speedy good news from BCIS.

Sekar
 
hi ucissucks

ucissucks
im in a similiar situation like yours .
When was your appeal sent out ?
i was under impression that normally it is about a month when the USCIS makes a decission (rather than sending it to AAO office- but these are the facts from some of the past experiences in this forum. but some have been more than month ...)
 
gczigma i had sent my appeal on Jan 10.

i know one more case about finger printing problem, my laywer made a motion-to reopen. but USCIS sent same "Appeal to commisner notice" though that was a simple finger printing fee problem and they could have accepted it.

i got reply from Rajiv Khanna's office saying it takes around 3-4 months to reply on motion-to-reopen.

why was your 140 denied. and when did you file appeal.


anyway lets wait and watch..
 
Thanks ucisucks for the reply.
well my 140 was denied on the basis of my companies ability to pay . and my appeal was sent out on jan 20 .
yeah i hope we should hear some thing from the centre within next couple of months or so ...
keep us updated ...

Thanks
 
Thanks Sekar! Appreciate your input. I hope and pray for positive reponse ASAP.

Anyone else out there with similar cases or knowledge on this type of situation - Please share ur thoughts or experiences....

Thanks!!
 
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