290-B approved...what does it mean ??

phuket

Registered Users (C)
Hi All,
just wondering if this means I could celebrate ?? (but then after 5 yrs
of jumping through all DOL & USCIS hoops, I might just be a little too
tired to rejoice !! )

Here's a short summary:

->Aug 2001 Labour RD, EB3, CSC

->became a victim of mass rejections and Carson memo didn't help either,
hence remanded to traditional

->Jun 2004, Subsitute labor (with copy of approved labor), EB-3 priority date of AUg 2000
->140/485 RD Sept 2004

->RFE recd: Mar 2005, W-2 and some minor clarification about EB2/Eb-3
->Went into the "awaiting for original labor" blackhole
->Hit by rettrogressions
-> In the meantime, to make things interesting, I changed jobs
(on unapproved 140/485, but pending more than 180 days), hoping yates
memo would apply

-> Apr 06, Applied for EAD/AP renewal for self and spouse (EAD expiring next month)
-> May 5, 06, Recd DENIAL OF 140/485
-> Jun 3, Applied MTR (note: old company helped out a great deal here...not only have they not withdrawn 140, they also instructed their lawyers to supportthe MTR)
-> Jun 9, recd notice of re-opening of 140/485 processing
-> Spoke to local congresswomans office and explained precarious position(should have done this loooong back!!)
->Congresswoman office helped in securing EAD approval immediately, Got EAD approval email yesterday (Jun 15)

Now...I just got the I290B receipt number from the lawyer and plugging it into the system says "This case has been approved. On June 12, 2006, an approval notice was mailed."



So what does this mean ???

Is this USCIS's sick sense of humor and they're saying that just the 290B petition was approved, as reflected by the re-opening of the 140/485 ???
(but the denied cases were re-opened Jun 9 while the 290B approval is
dated 12 Jun ??)

Or does it mean that I may have reason to celebrate soon ???

someone please shed some light...appreciated
-phuket


ps: btw, according to the lawyers, the denial was definitely in error
and that the adjudicating officer did not take a proper look at the
RFE response that had been sent earlier...it was something about
EB-2/EB3 confusion
 
They approved to reopen the case

I got the same message when my case was reopened by USCIS. When they accept the MTR, case status will be accepted. We will know results in few days.
 
phuket,

My gut feeling is that your I-140 has been approved. But I am not sure, because I have not been in that situation before. Please wait until you hear from your lawyer for the approval notice. Then you can celebrate.

I have also changed employers before I-140 approval (original company went out of business) and planning to use Yates memo on my I-140 RFE ( I have received 2 RFE's). I would like to discuss about your case. Can we talk offline ?

I appreciate your help
 
Question on 290B approval

Hey buddy,

Can you please let me know why your I-140 was denied? Was it for educational evaluation?

Congrats for the approval.

This is the first message on this forum where 290b is approved. My 290B is pending since Jan 17 2006.

Is this Nebraska case?

Best of luck..

Regards,
Kuku




phuket said:
Hi All,
just wondering if this means I could celebrate ?? (but then after 5 yrs
of jumping through all DOL & USCIS hoops, I might just be a little too
tired to rejoice !! )

Here's a short summary:
[COLOR=Green
->Aug 2001 Labour RD, EB3, CSC[/COLOR]
->became a victim of mass rejections and Carson memo didn't help either,
hence remanded to traditional

->Jun 2004, Subsitute labor (with copy of approved labor), EB-3 priority date of AUg 2000
->140/485 RD Sept 2004

->RFE recd: Mar 2005, W-2 and some minor clarification about EB2/Eb-3
->Went into the "awaiting for original labor" blackhole
->Hit by rettrogressions
-> In the meantime, to make things interesting, I changed jobs
(on unapproved 140/485, but pending more than 180 days), hoping yates
memo would apply

-> Apr 06, Applied for EAD/AP renewal for self and spouse (EAD expiring next month)
-> May 5, 06, Recd DENIAL OF 140/485
-> Jun 3, Applied MTR (note: old company helped out a great deal here...not only have they not withdrawn 140, they also instructed their lawyers to supportthe MTR)
-> Jun 9, recd notice of re-opening of 140/485 processing
-> Spoke to local congresswomans office and explained precarious position(should have done this loooong back!!)
->Congresswoman office helped in securing EAD approval immediately, Got EAD approval email yesterday (Jun 15)

Now...I just got the I290B receipt number from the lawyer and plugging it into the system says "This case has been approved. On June 12, 2006, an approval notice was mailed."



So what does this mean ???

Is this USCIS's sick sense of humor and they're saying that just the 290B petition was approved, as reflected by the re-opening of the 140/485 ???
(but the denied cases were re-opened Jun 9 while the 290B approval is
dated 12 Jun ??)

Or does it mean that I may have reason to celebrate soon ???

someone please shed some light...appreciated
-phuket


ps: btw, according to the lawyers, the denial was definitely in error
and that the adjudicating officer did not take a proper look at the
RFE response that had been sent earlier...it was something about
EB-2/EB3 confusion
 
for phuket

Hello phuket,

I sent a private msg to you. I am looking for some help regarding my I-140 RFE. So I would appreciate if you can respond to me.

Thank you.
 
Hi,
Though I'm not entirely clear on the grounds for denial, I gather it resulted from a combination of an appropriate box not ticked by the paralegal responding to the RFE and a tired adjudicating officer who gives a damn anyway!! :) Something about the case being EB3 while the unticked box leading the adjudicating officer to believe it was EB2...

When you say your 290-B is pending, does it mean that it is pending at the AAO/AAU blackhole place ?


I'm told now that the 290-B approval simply means that those guys have agreed to re-open the case...I read some posts about a 30 (or was it 60) day window by which time the "case" must be adjudicated...does the "case" refer to the 290-x petition or does it refer to the underlying denied 140/AOS petition ?
-Phuket

kukuchaku said:
Hey buddy,

Can you please let me know why your I-140 was denied? Was it for educational evaluation?

Congrats for the approval.

This is the first message on this forum where 290b is approved. My 290B is pending since Jan 17 2006.

Is this Nebraska case?

Best of luck..

Regards,
Kuku
 
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