Bad news coming

G

graduation2003

Registered Users (C)
I just received a letter from my attorney today. The NSC has denied my I-140 petition. The notice has been received by my attorney. I've decided to appeal my case. We will meet our attorney tomorrow morning. I will post the detailed information later.

Now, I have one question. We filed I-485 in March. My husband is working with the EAD card. His visa status was H-4. Is the EAD still valid during the appeal? Can he keep working until the final result come out?

Thanks for your help.
 
graduation2003 said:
I just received a letter from my attorney today. The NSC has denied my I-140 petition. The notice has been received by my attorney. I've decided to appeal my case. We will meet our attorney tomorrow morning. I will post the detailed information later.

Now, I have one question. We filed I-485 in March. My husband is working with the EAD card. His visa status was H-4. Is the EAD still valid during the appeal? Can he keep working until the final result come out?

Thanks for your help.
Click to expand...


Sorry to hear that bad news.
Found this:

In an INS Memo issued February 28, 2003, the INS (now BCIS) outlined procedures and policy in the event an I-140 (Immigrant Petition for Alien Worker) is denied in a concurrently filed I-140/I-485 (Application for Adjustment of Status) case. Essentially, if the I-140 is denied, the I-485 will also be denied. The I-485 dependant applications for Employment Authorization (EAD) and Advance Parole (AP), using Forms I-765 and
I-131, respectively, will also be denied. The reason for this is that, without an I-140 approval, there is no proper basis for approval of the I-485.

http://www.murthy.com/news/ukdenial.html
 
Graduation2003,

It is so sad to hear the bad news. Could you please tell us
which of your I-140s was denied? I am thinking to submit NIW
as a backup for my EB1A since I have not got anything after submitting
the response to RFE.
By the way, I have a PM for you.
 
gradudation2003,

Very sorry to hear about this bad news.

Could you share your officer code?
 
I believe the appeal has to be filed within 30 days of the decision. It is also worth filing an MTR on the cases as well.

Until the final decision of either the appeal or MTR is received, you won't fall out of status and begin accumulating unlawful presence. The same however cannot be said of the employment authorization - read EAD. You might want to talk to a competent immigration lawyer about these issues.

All the best!
 
Hi graduation2003,

Sorry for the news. Good luck with the appeal.

Best,
pcOR03

P.S. I haven't heard anything yet from NSC since I sent my response to RFE on April 19th, 2005. There is no LUD since then and my attorney suggested me to wait patiently.
 
Sorry for the bad news. As a back up you can also file a new I-140 petition in a different category based on your back ground .
 
Graduation,

Your bad news also puts my mood down today. I was waiting for your approval for so long. Best luck for your appeal.
 
Comfort

graduation2003 said:
I just received a letter from my attorney today. The NSC has denied my I-140 petition. The notice has been received by my attorney. I've decided to appeal my case. We will meet our attorney tomorrow morning. I will post the detailed information later.

Now, I have one question. We filed I-485 in March. My husband is working with the EAD card. His visa status was H-4. Is the EAD still valid during the appeal? Can he keep working until the final result come out?

Thanks for your help.
Click to expand...

Sorry to hear that. Hope you can appeal successfully.
 
Hi all,

Thank you very much for your responses. I am busy working on my appeal letter.
I met with my attorney today. We only have two days to send out our letter before the deadline. I will update the information for you guys later or early of next week.

Thanks again.
 
unitednations said:
postings like this are very disappointing. You have 190 postings. You make a dramatic posting that your case was denied. You ask others for assistance. Everyone keeps asking why your case got denied. You continue to not answer the question for the benefit of others.

If you want assistance, then give details to help others. :mad:
Click to expand...

unitednations, you probably misunderstood my situation. I only have TWO NOT 30 days to prepare the appeal. My attorney messed up everything. :mad: The denial was issued on June 28. He told me he received denial notice on July 25 by mail. :mad: I think that he must receive it earlier but he didn't pay attention. So I only have two days to prepare the appeal. :mad:

Actually, when I saw my LUD change on 6/29, some of you guys probably still remember, I waited for about 10 days, and then I contacted my attorney to inform him the LUD change and asked his advice. He never responded me.
At that time, I was still dreaming because my case I believe is strong.

In the denial letter, they didn't mention anything about the materials we sent out for RFE response, I mean ZERO and something they said they can not find in the package, which was mentioned in the RFE response cover letter. All the evidence they use to deny my petition is old materials. What happened? I asked my attorney, he said he sent out everything. He doesn't know what happened. How can I believe him? :mad: What can I do? I am even thinking to find another attorney to appeal my case, but in two days, it is impossible.

unitednations, I got your PM really late last night. I got back home so late because I asked around people for help and advice. Thank you all for your understanding. This morning my attorney told me he is too busy to work on the appeal letter. I decide to wait outside his office from tomorrow morning until I get the letter. Because the appeal must be sent out tomorrow. This time, I will check the package and mail it by myself.

More details will be followed. Talk to you guys later.
 
graduation 2003,
We are very sorry for your recent development.
I am personally upset and understand your case as even my brother's lawyer messed up his case recently. All the best and do well on your appeal.
I beleive forum can surely wait for long to get your denial reason!
ALL THE BEST!
 
Graduation2003,

I'd like to say Take Care and Be Strong! You are not lucky since
your attoney messed up everything. However, you are alone!
At this point, you should realize that somehow lawyers are so stupid.
Best wishes you good luck for the appeal.
 
yellow_tim said:
Graduation2003,

I'd like to say Take Care and Be Strong! You are not lucky since
your attoney messed up everything. However, you are alone!
At this point, you should realize that somehow lawyers are so stupid.
Best wishes you good luck for the appeal.
Click to expand...

Thank you all. I have an appointment with the university's international advisor in ten minutes. I will keep you guys posted.
 
graduation2003,

Sorry to hear about your case. Who is your attorney? I would appreciate if you could PM me.

Best wishes
Sandy2000
 
sorry to see your deny and good luck for your appeal.

this freaks me out. what is thing that they cannot find? my RFE asked me to:
1. Provide documentation that nay of your research or other initiatives have become accepted as an industry standard and that you have been credited for the development.
2. Other than research grant, travel grants, scholarships, and/or fellowships, provide evidence of significant awards that you have received as a result of your individual efforts, i.e., Nobel, Burger, etc. Awards should be accompanies by evidence that establishes reputation of the organization granting the award, the significance of the award, and the criteria used to select the recipient.

for the first one, i have a patent but it has not been published yet. so there is no way it can be accepted as an industrial standard. and even it is published i dont think this will happen either.

for the second one, unfortunately i have no awards other than scholarship.

so i cannot supply any materials for these two requirements. do you guys think i will be denied? is there anything i can do about this two RFE?

thanks a lot.

graduation2003 said:
unitednations, you probably misunderstood my situation. I only have TWO NOT 30 days to prepare the appeal. My attorney messed up everything. :mad: The denial was issued on June 28. He told me he received denial notice on July 25 by mail. :mad: I think that he must receive it earlier but he didn't pay attention. So I only have two days to prepare the appeal. :mad:

Actually, when I saw my LUD change on 6/29, some of you guys probably still remember, I waited for about 10 days, and then I contacted my attorney to inform him the LUD change and asked his advice. He never responded me.
At that time, I was still dreaming because my case I believe is strong.

In the denial letter, they didn't mention anything about the materials we sent out for RFE response, I mean ZERO and something they said they can not find in the package, which was mentioned in the RFE response cover letter. All the evidence they use to deny my petition is old materials. What happened? I asked my attorney, he said he sent out everything. He doesn't know what happened. How can I believe him? :mad: What can I do? I am even thinking to find another attorney to appeal my case, but in two days, it is impossible.

unitednations, I got your PM really late last night. I got back home so late because I asked around people for help and advice. Thank you all for your understanding. This morning my attorney told me he is too busy to work on the appeal letter. I decide to wait outside his office from tomorrow morning until I get the letter. Because the appeal must be sent out tomorrow. This time, I will check the package and mail it by myself.

More details will be followed. Talk to you guys later.
Click to expand...
 
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