Application to re-open 140

P

popsy

Registered Users (C)
Hi UN,

60 days after getting an approval on the appeal from AAO, I finally see an update on my previously denied 140 and it reads:

"On January 14, 2005, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken"

My lawyer has been recommending since the time we got the AAO approval in Nov'04, that we make another application requesting CSC to re-open my 140/485 - apparently to force them to act on the case, instead of just waiting for them to do it on their own. Somehow, with the holidays and vacation we didn't get around to doing it - now that they have acknowledged the decision and my case status reflects that, is it still worthwhile or meaningful to file the application to re-open? My lawyer thinks so but I'm not convinced. What do you think? thanks
 
re:

Thanks, UN for your prompt reply as always. My lawyer isn't offering to do it for free - it comes with a price tag - I think the fee is disproportionate to the work involved in filing that application and that is why I'm hesitant...being a well reputed firm, their fees are always on the higher side and so far it made sense. but, I don't see any upside to filing this one - I mean, they don't guarantee that the approval will be immediate upon filing or even a timeline - it will just give us something to track.. thanks again.
 
popsy said:
Thanks, UN for your prompt reply as always. My lawyer isn't offering to do it for free - it comes with a price tag - I think the fee is disproportionate to the work involved in filing that application and that is why I'm hesitant...being a well reputed firm, their fees are always on the higher side and so far it made sense. but, I don't see any upside to filing this one - I mean, they don't guarantee that the approval will be immediate upon filing or even a timeline - it will just give us something to track.. thanks again.
Click to expand...
I would say that you should call the customer service and try to talk to the CSC officer. As many people (including myself) have done, it is quite easy. Since your case is a complicated one, you have the right to know the time from here (also they have not told you the new timeline from here).
1. Call 800 number.
2. check the status of your case.
3. after checking the status, it will ask you to press 4 to proceed.
4. Choose one of the options and it will connect you to customer service at your service center.
Call between 8:00 AM and 4:00 PM, M-F your service centers time. Since you are CSC, call based on PST.
 
update

My I-140 has been approved! Though they took 60 days to 'receive' the AAO decision, atleast they approved it right away.

They have re-opened the 485 (which was previously denied along with the 140) application but not approved it. The online status on this one says that it takes between 660 and 660 days to process - is that a general processing time or it is even applicable to my case which took a detour to AAO and came back??
I was hoping they would approve both once they re-opened..

Thanks to everyone on the forum, especially UN, for all the feedback and support throughout this green card ordeal! Best wishes to everyone.
 
Popsy,

Congratulations on getting the 140 approval. Why was your I-140 denied initially?? and how did you appeal it?? Appreciate your response.

Good Luck with your 485.
 
hi, my 140 was denied mainly due to ability to pay and a few other minor technicalities/lawyer mistakes. We were able to overcome the ability to pay issue on the appeal by proving that I was paid the contracted (as in LC) salary - in the first year of employment I only worked for 9 months, because I joined in April and therefore got paid for the 9 months - INS compared 9 months pay to the annual LC salary and came to the conclusion that my company did not have the ability to pay and linked it to the loss filed by the company for that year.. We pro-rated the salary and proved that I did get paid the right salary and therefore the loss issue was irrelevant. We also provided further evidence to correct the other minor issues/mistakes on the original filing. Hope this helps.

Labor RIR Filed 10-Sep-2001
Labor Approved mid Jul-2003
140/485/765 filed mid Aug-2003
765 on hold
140 RFE Dec-2003
Responded Feb-2004
140/765/485 denied 19-Mar-04
Appeal Filed mid April 04
Also Refiled 140/485/765 mid Jun04 ( we will withdraw these now)
EAD approved mid Oct04 (based on new filing)
Appeal sustained (approved) mid Nov'04
Old 140 approved - 3/19/05
Old 485 re-opened - 3/19/05



H1BneedGC said:
Popsy,

Congratulations on getting the 140 approval. Why was your I-140 denied initially?? and how did you appeal it?? Appreciate your response.

Good Luck with your 485.
Click to expand...
 
485 Approved!

Our 485s have also been approved !! I received the approval notices today. I'm so thankful that they didn't drag this out for as long as what the online status said a few days ago! Basically, both the 140 and 485 were approved within 75 days of the 'appeal' approval. (The appeal itself took only 7 months in my case - I was pleasantly surprised by that, as I was told not to expect any movement on it for atleast a year)

To all those who are waiting - pleast don't give up or lose hope-Based on my experience, I can say that, somewhere along the line, the system still works - it can be a slow, painful and frustrating process, but, most of the issues (RFEs/denials) can be overcome with the right kind of legal help.

Thanks to one and all (as always, a special note of thanks to UN) - this forum is a great source of support and information to everyone going through the crazy GC process - especially at times like these. Best of luck to all.
 
popsy said:
Our 485s have also been approved !! I received the approval notices today. I'm so thankful that they didn't drag this out for as long as what the online status said a few days ago! Basically, both the 140 and 485 were approved within 75 days of the 'appeal' approval. (The appeal itself took only 7 months in my case - I was pleasantly surprised by that, as I was told not to expect any movement on it for atleast a year)

To all those who are waiting - pleast don't give up or lose hope-Based on my experience, I can say that, somewhere along the line, the system still works - it can be a slow, painful and frustrating process, but, most of the issues (RFEs/denials) can be overcome with the right kind of legal help.

Thanks to one and all (as always, a special note of thanks to UN) - this forum is a great source of support and information to everyone going through the crazy GC process - especially at times like these. Best of luck to all.
Click to expand...

popsy,

Congratulations on getting your 485 approval and completing the GC process. Good luck to you. N'joy your post GC life.

Keep visiting these forums when you find time.

Cheers
 
Hi all,

I am not sure but I think mine is a similar case to Popsy,
My 140 denied on Sep 20 2004 We did both Appeal/MTR in time before Oct 20 2004
On Dec 10 2004 the case went to AAO office(still waiting)
There is an LUD on Feb 15 2005

When 140 was denied we also received our 485/EAD/AP termination.

I am crossing my fingers that this LUD will be a positive result.
If yes
what should I expect?(please give approx time frames)
140 approval from AAO?
140 approval from CSC?
485 re-instate (is it automatic)
EAD/AP automatically becomes valid?.

Please help
 
Hey Popsy (or anyone please)

My 140 and Appeal msg reads

"
On March 4, 2005, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.
"

Looks like you also got the same msg, what does this mean?

You mentioned that u actually got this msg after 60 days ur case was approved at the AAO?
How did you know that your case was approved at AAO?

I did not receive any status info from AAO, after my appeal I hjad a LUD on Feb 8, MArch 8 2005 with this msg?.

What should I expect?

How do I know if my case was approved at AAO? If it is approved at AAO does it mean that my 140 is approved? and 485/EAD gets re-instated automatically? PLEASE HELP.

-------
140 denied on Sep 20 2004
Appealed on Oct 20 2004
AAO received it Dec 10 2004
LUD on 140 and Appeal Feb 8 2005
Got back from AAO March 8 2005
But I have no idea what is happening.
 
I-140 Appeal Sustained by AAO, What next

Hello All

My Appeal to AAO on denied I-140 got sustained (approved), what happens next. This happened Jan 24 th 2006 & I see a LUD on the I140 on Jan 30 2006.

My Query is what do I do next. How do I get my Old 485 re-started ? I had a change in address, will that have any impact.

Pls advise.

Thx Prashant
 
Question about the AAO case status messages

Hi Prashant/Popsy -
How did you know that your I-140 was approved?

I am also in the same boat as in my I40 (EB2) was denied and has been appealed before the AAO (on August 1st' 05). I saw LUD changes for both the 140 and 290B on 1/25/06. I see the LUD changes again today and the following message displayed for both cases (140 and 290B):

On January 31, 2006, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.
Click to expand...

Though I am not too optimistic of the appeal being sustained, I would like to know when and how does one come to know of the AAO decision?

Thanks.
 
Last edited by a moderator:
Hi,
We applied for Appeal(290B) for our denied I-140 in Dec 2005.The check was cashed sometime in last week of Dec.
My lawyer told me that service centre might give a decision on the case or send it to appeals office. When does the case go to appeals office.How long does that take.Can some one give me an idea.I am from California Service Centre.

Thanks in advance.
 
Today,
I see LUD on my I-140 and 485 stating that your case has been reopened on Feb 28. Any idea ? Whats is going to happen now ?

Please update here if you guys have any idea

Thanks in Advance !!!
 
Last edited by a moderator:
Unitednations and gurus and all members, I request your help on my current issue. My 140 is denied based on the issue of temporary position issue (I DO NOT belong to any of those rogue companies in CA), and my lawyers have filed MTR( which subsequently is an appeal i believe). They also propose to file another 140 based on the same labor when the appeal is pending. Do you think its correct to do it that way or wait till a decision is made on the appeal and then file the 140?

I'm on my 7th year on H1 and my 7th year expires Dec 2006.

Can someone suggest what would be the best way to file for 140 now and maintaining my status beyond 7th year. Thanks
 
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