sharpieterk
Registered Users (C)
My case has been finally approved !!! Got the magic email tonight and I can't do nothing but smile 
For people interested, here is my history.
1. Came to the US in March 1998 on H1B and worked for company X.
2. Worked for company A on H1B from Feb 99- Nov 99. Company A had filed for Labor somewhere in Oct/Nov 1999.
3. Left Company A to join Company B on H1B. Company B applied for new labor. Got that approved !!! Then filed for I-140 in May 2002. Assuming that I-140s are approved within 3 months, I went ahead and got my medicals done around June/July 2002.
4. Got laid off from company B in Aug 2002, joined Company C on H1B.
5. Contacted Company A if they are willing to continue my GC processing with intentions of going back to company A once GC was approved. since my six years of H1B was expiring in 18 months. Owner agreed to do so because he had an approved labor from the original GC process (as explained in Point 1.). Filed concurrently for I-140/I-485 in Oct 2002.
6. Left Company C to join Company B on H1B in Dec 2002.
7. I-140 (from company A) approved in Dec 2002.
8. In Oct 2003 decided to invoke AC-21. Company A was fine with it, so sent a letter to USCIS invoking AC-21 letting them know of intentions. Continued working for Company D on EAD and travelled using AP.
9. Around Dec 28 2004, I was notified by my lawyer that my case has been denied. Upon receiving the denial letter, I read that the case was denied because I-140 was revoked. Supposedly Company B had withdrawn their I-140 application. Was in a panick for a couple of days since I did not know if I could continue to work on EAD and since I had no more years left on H1B I could not revert back to H1B status.
10. Contacted local congressman around christmas time and his office was very helpful in taking details (faxed copy of denial letter indicating wrong I-140 number and also sent copy of approved I-140) and promising to talk to USCIS. Around Jan 3rd 2005 the congressman's office told me that USCIS has realized it's mistake and will rectify the problem and that I could continue to work.
11. My lawyer filed MTR on the Jan 21 2005 since we had not heard from the congressman's office about any progress.
12. Cheque was cashed within 4 days. LUD kept changing meanwhile.
13. LUD changed on 2/8/05 indicating that case was reopened on BCIS motion and that cases like these are taking between 365-540 days to adjudicate.
14. Checked email tonight and was happily surprised to find an approval email from USCIS.
I am very happy right now and wanted to share this with you guys. Here is what I take from this ordeal...
1. Never lose hope.
2. It is frustrating to see USCIS commit silly mistakes but you have sometimes to stay on top of things.
3. Contacting congressman/senators work only sometimes because it all depends on the individual picking up the phone, past experience of the congressman's office to deal with USCIS and similar issues etc. BTW, Senator Kennedy and John Kerry's offices are useless. You have better luck contacting the congressman for your district.
4. A patient and caring wife/partner/friend is always helpful to deal with this ordeal.
5. This Portal has given me lot of information. Some useful, some useless but I still keep coming here to find something useful.
Thanks to everyone who keep contributing to this forum. This contribution, although selfless and intangible, does in someway help many others and is very very valuable for people who are looking for information.
This place ROCKS !!!! Thanks to Rajiv Khanna and his team for keeping this forum alive !
Can't wait for the approval notice and get my passport stamped.
For people interested, here is my history.
1. Came to the US in March 1998 on H1B and worked for company X.
2. Worked for company A on H1B from Feb 99- Nov 99. Company A had filed for Labor somewhere in Oct/Nov 1999.
3. Left Company A to join Company B on H1B. Company B applied for new labor. Got that approved !!! Then filed for I-140 in May 2002. Assuming that I-140s are approved within 3 months, I went ahead and got my medicals done around June/July 2002.
4. Got laid off from company B in Aug 2002, joined Company C on H1B.
5. Contacted Company A if they are willing to continue my GC processing with intentions of going back to company A once GC was approved. since my six years of H1B was expiring in 18 months. Owner agreed to do so because he had an approved labor from the original GC process (as explained in Point 1.). Filed concurrently for I-140/I-485 in Oct 2002.
6. Left Company C to join Company B on H1B in Dec 2002.
7. I-140 (from company A) approved in Dec 2002.
8. In Oct 2003 decided to invoke AC-21. Company A was fine with it, so sent a letter to USCIS invoking AC-21 letting them know of intentions. Continued working for Company D on EAD and travelled using AP.
9. Around Dec 28 2004, I was notified by my lawyer that my case has been denied. Upon receiving the denial letter, I read that the case was denied because I-140 was revoked. Supposedly Company B had withdrawn their I-140 application. Was in a panick for a couple of days since I did not know if I could continue to work on EAD and since I had no more years left on H1B I could not revert back to H1B status.
10. Contacted local congressman around christmas time and his office was very helpful in taking details (faxed copy of denial letter indicating wrong I-140 number and also sent copy of approved I-140) and promising to talk to USCIS. Around Jan 3rd 2005 the congressman's office told me that USCIS has realized it's mistake and will rectify the problem and that I could continue to work.
11. My lawyer filed MTR on the Jan 21 2005 since we had not heard from the congressman's office about any progress.
12. Cheque was cashed within 4 days. LUD kept changing meanwhile.
13. LUD changed on 2/8/05 indicating that case was reopened on BCIS motion and that cases like these are taking between 365-540 days to adjudicate.
14. Checked email tonight and was happily surprised to find an approval email from USCIS.
I am very happy right now and wanted to share this with you guys. Here is what I take from this ordeal...
1. Never lose hope.
2. It is frustrating to see USCIS commit silly mistakes but you have sometimes to stay on top of things.
3. Contacting congressman/senators work only sometimes because it all depends on the individual picking up the phone, past experience of the congressman's office to deal with USCIS and similar issues etc. BTW, Senator Kennedy and John Kerry's offices are useless. You have better luck contacting the congressman for your district.
4. A patient and caring wife/partner/friend is always helpful to deal with this ordeal.
5. This Portal has given me lot of information. Some useful, some useless but I still keep coming here to find something useful.
Thanks to everyone who keep contributing to this forum. This contribution, although selfless and intangible, does in someway help many others and is very very valuable for people who are looking for information.
This place ROCKS !!!! Thanks to Rajiv Khanna and his team for keeping this forum alive !
Can't wait for the approval notice and get my passport stamped.
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