Approval recd this morning...after arounf 5yrs and 4 months...
Labour filed: Aug 2001, EB-3, CSC
Remember those mass rejection in Region VI...well...that happened...
Labour remanded to traditional sometime in 2003...
Got a lucky break in 2004 with a substitution
D Aug 2000.
140/485 concurrently filed: RD: Sept 2004
Received 2 RFE's; sometime in Feb 2005
1) Tax returns etc
2) Something minor abour the filing classification
Was responded to by Mar 2005 and was hoping to get approved sometime then...But no...Petition fell into the "Waiting for original labor" blackhole.
Layed off in Sept 2005. Both 140/485 were pending at this time. Hoped that "Yates Memo" would come to rescue.
Filed AC21 etc with new company by Oct-Nov 2005.
Sometime in Feb 06 I decided to take the "senator/congressperson" route.
Apr 06: Spoke with Senator Lofgren's staff and got the ball rolling on that.
This resulted in a good news/bad news scenario
Good news: The case moved ahead
Bad News: Shock!! Surprise!! May 15, 2006: 140 Denied. Accompanying 485/EAD/AP for self and spouse were consequently deemed denied as well.
To further complicate things...EAD/AP for self and spouse was expiring by
Jun 06.
However, the lawyers (of the previous company) felt that the denial was in error since the point on which the petition was denied had already been clearly explained in the Mar 2005 RFE response.
The big problem was that I could not file to re-open/reconsider 485 simply because 485 was denied based on 140 denial...But since I did not own the 140 (it is owned by original sponsoring company), the current lawyers could do nothing without the support of the previous company...
Got another break when the previous company was nice enough to oblige.
A joint MTR was filed...One for re-opening 140 by the previous company and one to re-open 485 and associated by the current company lawyers!!
Continued to badger Congresswoman Lofgren's office.
Lo and Behold!! MTR accepted in record time...A week or so. All petitions re-instated. Congresswoman definitely came through...In fact, the staffer personally ensured that the EAD/AP were approved immediately to allow me to continue working without having to take a break.
But basically back to square one, ie, 140/485 back to pending state.
Decided that case needs more fire power:
Aug 06:
Got Sen Feinstein's staffers involved...And for good measure, wrote a long letter to Mr Director @Laguna Niguel office.
Perhaps the new ammunition did the trick:
Sept 27: Got a fingerprinting notice; (btw, the only time I got a FP notice before this was way back in 2004. They forgot about the yearly line-up)
Nov 1: 140 approved !!! Hallelujah!!
Nov 2: Did the early FP thingie.
NO LUD's on 485. The 485 continued to show the status it had when the 485 was re-opened 6 months back.
No LUD/Status about having received the FP. (Called the FP folks in virgnia and they said that they had returned the results the very same day)
Dec 01: Just as I was getting ready to ping the Good senator's office regarding the dormant 485, got the magic emails.
=======
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On November 30, 2006, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
=======
Thanks fellas...Hope this gives some hope to the long awaiting folks out there...Basically my case has pretty much seen all the possible hoops
[Denial of Labor->Auto Remand->Substitution->RFE->Waiting for original-> AC21 without approved 140->complete denial->re-open->approval] (guess I missed the Name Check black hole)...If there is a "moral of the story", it is simply this...
Do have some patience...but do not sit back for too long as well. After a certain point, get into action, write some letters, contact local reps and file that Writ of Mandamus thingie if you must....good luck all.
cheers...Phuket
Labour filed: Aug 2001, EB-3, CSC
Remember those mass rejection in Region VI...well...that happened...
Labour remanded to traditional sometime in 2003...
Got a lucky break in 2004 with a substitution
D Aug 2000.140/485 concurrently filed: RD: Sept 2004
Received 2 RFE's; sometime in Feb 2005
1) Tax returns etc
2) Something minor abour the filing classification
Was responded to by Mar 2005 and was hoping to get approved sometime then...But no...Petition fell into the "Waiting for original labor" blackhole.
Layed off in Sept 2005. Both 140/485 were pending at this time. Hoped that "Yates Memo" would come to rescue.
Filed AC21 etc with new company by Oct-Nov 2005.
Sometime in Feb 06 I decided to take the "senator/congressperson" route.
Apr 06: Spoke with Senator Lofgren's staff and got the ball rolling on that.
This resulted in a good news/bad news scenario
Good news: The case moved ahead
Bad News: Shock!! Surprise!! May 15, 2006: 140 Denied. Accompanying 485/EAD/AP for self and spouse were consequently deemed denied as well.
To further complicate things...EAD/AP for self and spouse was expiring by
Jun 06.
However, the lawyers (of the previous company) felt that the denial was in error since the point on which the petition was denied had already been clearly explained in the Mar 2005 RFE response.
The big problem was that I could not file to re-open/reconsider 485 simply because 485 was denied based on 140 denial...But since I did not own the 140 (it is owned by original sponsoring company), the current lawyers could do nothing without the support of the previous company...
Got another break when the previous company was nice enough to oblige.
A joint MTR was filed...One for re-opening 140 by the previous company and one to re-open 485 and associated by the current company lawyers!!
Continued to badger Congresswoman Lofgren's office.
Lo and Behold!! MTR accepted in record time...A week or so. All petitions re-instated. Congresswoman definitely came through...In fact, the staffer personally ensured that the EAD/AP were approved immediately to allow me to continue working without having to take a break.
But basically back to square one, ie, 140/485 back to pending state.
Decided that case needs more fire power:
Aug 06:
Got Sen Feinstein's staffers involved...And for good measure, wrote a long letter to Mr Director @Laguna Niguel office.
Perhaps the new ammunition did the trick:
Sept 27: Got a fingerprinting notice; (btw, the only time I got a FP notice before this was way back in 2004. They forgot about the yearly line-up)
Nov 1: 140 approved !!! Hallelujah!!
Nov 2: Did the early FP thingie.
NO LUD's on 485. The 485 continued to show the status it had when the 485 was re-opened 6 months back.
No LUD/Status about having received the FP. (Called the FP folks in virgnia and they said that they had returned the results the very same day)
Dec 01: Just as I was getting ready to ping the Good senator's office regarding the dormant 485, got the magic emails.
=======
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On November 30, 2006, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
=======
Thanks fellas...Hope this gives some hope to the long awaiting folks out there...Basically my case has pretty much seen all the possible hoops
[Denial of Labor->Auto Remand->Substitution->RFE->Waiting for original-> AC21 without approved 140->complete denial->re-open->approval] (guess I missed the Name Check black hole)...If there is a "moral of the story", it is simply this...
Do have some patience...but do not sit back for too long as well. After a certain point, get into action, write some letters, contact local reps and file that Writ of Mandamus thingie if you must....good luck all.
cheers...Phuket