Hi Guys,
My 140 was denied after filing 485 2 months ago. I expected my 485 also to be denied based on 140 denial immediately as everyone says. But the interesting thing is i got FP notice 3 weeks after the 140 denial even before filing the appeal. I did FP and the LUD was updated next day on 485 which means they received FP. Now coming back to 140 ....i filed an appeal and almost 3 weeks after filing the appeal the status message on 140 changed to "Denial notice sent" and the appeal status says its pending. 485 status also says pending. I also applied for another 140 in EB3 ( original 140 was in EB2) which will not be processed until a decision is made on the appeal (everyone is saying that).
what i am trying to figure here is why is my 485 not denied immediately after 140 and why did they send FP . I have no false hopes and strongly think that it shows how disconnected their system is. One interesting question i have now is if at all my 140 in EB3 is approved can my 485 be moved on to it from the previous EB2 that is denied and not file 485 again ?
And for information purpose my 140 in EB2 is denied on Oct 19. I filed 485 in last week of july and got FP on 09 Nov and it was on Nov 29. Filed appeal by Nov 19. All the dates are in 2007. reason for 140 denial is 4 yr degree and the denial notice says that they want one single degree that is 4 yrs long. But there is an inter office memo published by USCIS in Jul 06 that clearly says combination of degrees are valid for establishing 16 yrs of education and only thing they need to worry is if the alien qualified which is exactly my case. I have 16 1/2 yrs of education in electronics, computers and management. and i completed 6 yrs on H1 this Nov and filing for extension based on the 140 appeal.
Now its joke time. Did not they deny my 485 because they know that i m going to file appeal and they need to approve it and just screwing with me in the mean time ?
In any case i don't give a damn and just want to enjoy life no matter what would be the outcome of all this. your views are welcome.
Cheers.
My 140 was denied after filing 485 2 months ago. I expected my 485 also to be denied based on 140 denial immediately as everyone says. But the interesting thing is i got FP notice 3 weeks after the 140 denial even before filing the appeal. I did FP and the LUD was updated next day on 485 which means they received FP. Now coming back to 140 ....i filed an appeal and almost 3 weeks after filing the appeal the status message on 140 changed to "Denial notice sent" and the appeal status says its pending. 485 status also says pending. I also applied for another 140 in EB3 ( original 140 was in EB2) which will not be processed until a decision is made on the appeal (everyone is saying that).
what i am trying to figure here is why is my 485 not denied immediately after 140 and why did they send FP . I have no false hopes and strongly think that it shows how disconnected their system is. One interesting question i have now is if at all my 140 in EB3 is approved can my 485 be moved on to it from the previous EB2 that is denied and not file 485 again ?
And for information purpose my 140 in EB2 is denied on Oct 19. I filed 485 in last week of july and got FP on 09 Nov and it was on Nov 29. Filed appeal by Nov 19. All the dates are in 2007. reason for 140 denial is 4 yr degree and the denial notice says that they want one single degree that is 4 yrs long. But there is an inter office memo published by USCIS in Jul 06 that clearly says combination of degrees are valid for establishing 16 yrs of education and only thing they need to worry is if the alien qualified which is exactly my case. I have 16 1/2 yrs of education in electronics, computers and management. and i completed 6 yrs on H1 this Nov and filing for extension based on the 140 appeal.
Now its joke time. Did not they deny my 485 because they know that i m going to file appeal and they need to approve it and just screwing with me in the mean time ?
In any case i don't give a damn and just want to enjoy life no matter what would be the outcome of all this. your views are welcome.
Cheers.