Concurrent filing 140/485 Tracker-CSC

mustbepatient

Registered Users (C)
Confirmation of Approval

I received confirmation from my company's HR representative today that my 140 has been approved after more than 14 months since filing. The USCIS Web site still has not been updated.

Now the wait continues for 485...
 

mustbepatient

Registered Users (C)
All my details were in the post prior to the one confirming my approval, but I'm adding them below as well.

I had no RFE on my 140. I just found out the RFE on my EAD is for a new signature (probably doesn't fit within the box they need it to.)

EB1C (multinational manager/executive)
WAC031425xxxx
140/485 RD: April 4, 2003
FP returned to CIS on May 20, 2003 - expiring August, 2004
1st EAD/AP approved August 2003
2nd EAD/AP filed April 15, 2004
2nd EAD - RFE sent May 25, but haven't received yet, so don't know what the issue is
2nd AP approved June 3, 2004
140 AD: June 9, 2004
 

acc918

Registered Users (C)
I140/I485 concurrently filed

I have a very sad experience. I need help of anybody who knows what I should do.

My I140/I485 concurrently filed on Oct 2002. Rcvd approval of I140 on Mar 2003. On Aug 2003, thinking my 1485 has been pending for more than 180 days, I decided to change jobs to a different state with the same exact line of business and job description. Sometime in Sept or Oct 2003, my previous employer notified BCIS that I resigned and on Mar 2004, BCIS revoked my I140 RETRO-ACTIVELY to the time it was approved. Comes next is the denial of my I485. I feel so bad because I have two minor children with me and my wife who is under derivative and they too had been denied. My lawyer said that this should not have happened and he wants to file a lawsuit against BCIS to reverse their decision. You know this means I will have to spend a lot money again for the legal fees of this lawsuit but I don't know if we are on the right path. Any advice will be greatly appreciated!

Thanks to all!
 

immportuser

Registered Users (C)
thats sad

hi acc

haven't seen anyone in this mailing list/outside with this kinda problem. isn't it more than 6 months from Oct 2002 to Aug 2003, the time when you changed jobs. so whats the problem here? don't know if i can help, but what is your 485 RD and when did you change job? you changed job in Aug 2003 and your previous employer reported to BCIS in march '04?
 

acc918

Registered Users (C)
Thats sad

Thanks for the reply.

i485/i140 RD is Oct 2003
i140 approved Mar 2003

Changed job in Aug 2003
previous employer sent letter to INS around Sept or Oct 2003
INS revoked i140 approval Mar 2004 and denied i485

don't really know what's the problem. My lawyer said it may be a training issue for the INS officer handling my case which resulted in the mistake in denial. Lawyer wants to file a lawsuit.
 

I140helppls

Registered Users (C)
re:

there should be a way that the lawuer can write a letter to the INS explanining them ac21. i am sure this is an error and if the correct steps are taken u will get approval soon.
 

immportuser

Registered Users (C)
to acc

from the knowledge i have from this mailing list and external sources, your 140 revoke sounds like a mistake. you changed job when it was well over 180 days. maybe you can ask your attorney to ring them up and talk about it so you can take immediate action. don't worry bro..don't get panicked.
 

gcpend

Registered Users (C)
You & your attrorney should act right away and discuss about filing AAO (Administration Appeals Office), AAO should be contacted within 30 days.

http://uscis.gov/graphics/howdoi/repealdenial.htm

acc918 said:
I have a very sad experience. I need help of anybody who knows what I should do.

My I140/I485 concurrently filed on Oct 2002. Rcvd approval of I140 on Mar 2003. On Aug 2003, thinking my 1485 has been pending for more than 180 days, I decided to change jobs to a different state with the same exact line of business and job description. Sometime in Sept or Oct 2003, my previous employer notified BCIS that I resigned and on Mar 2004, BCIS revoked my I140 RETRO-ACTIVELY to the time it was approved. Comes next is the denial of my I485. I feel so bad because I have two minor children with me and my wife who is under derivative and they too had been denied. My lawyer said that this should not have happened and he wants to file a lawsuit against BCIS to reverse their decision. You know this means I will have to spend a lot money again for the legal fees of this lawsuit but I don't know if we are on the right path. Any advice will be greatly appreciated!

Thanks to all!
 

acc918

Registered Users (C)
Thats sad

Thanks to all your reply.

I just received a notice for our second fingerprinting in the mail today! What's going on? I thought they denied our i485 already. They even transferred it from CA to Newark.

Is there something i have to worry about here????
is the INS doing this so we can report to the office and arrest us?
 

Dil

Registered Users (C)
Are your dates correct?

Sorry to know about this untimely decision on the part of USCIS. I have one querry for you:

How could your I140 approved March 2003 when it was filed in Oct 2003? Is it a mistake. Or you filed i485 in Oct 2003 while changed the job in Aug 2003.

Thanks
Dil

acc918 said:
Thanks for the reply.

i485/i140 RD is Oct 2003
i140 approved Mar 2003

Changed job in Aug 2003
previous employer sent letter to INS around Sept or Oct 2003
INS revoked i140 approval Mar 2004 and denied i485

don't really know what's the problem. My lawyer said it may be a training issue for the INS officer handling my case which resulted in the mistake in denial. Lawyer wants to file a lawsuit.
 

acc918

Registered Users (C)
Thats sad

Also, for your info. I just got a notice for our 2nd fingerprinting in the mail today. I'm confused. If i485 was denied, do they really ask for fingerprinting renewal again?
 

Wishes&Luck

Registered Users (C)
File for an appeal

Hi acc918,

Sorry to hear about your case. The best way to proceed would be to file for an appeal. Don't delay you have only 30 days from the rejection date to file for an appeal.

And the 2nd fingerprinting they might have sent the papers before they rejected your file.

Talk to your lawyer about the appeal.

Good Luck.



acc918 said:
Also, for your info. I just got a notice for our 2nd fingerprinting in the mail today. I'm confused. If i485 was denied, do they really ask for fingerprinting renewal again?
 

acc918

Registered Users (C)
Thats sad

Dear Wishes&Luck:

Thanks for the encouragement. My lawyer filed for a motion to reopen on time. The denial of my case was on 3/17/04 and it stated that there's no appeal. The fingerprinting has a mail date of 6/1/04 so it is way after they denied my case.

My lawyer said litigation in Federal court is the best way to go. What do you think?

Thanks.
 

Nkelkar

Registered Users (C)
Medical Exam

Hi all,
All of the people who have filled concurently (140 &485) did you get your medical done prior to filling??
MyLabor was approved on May5th and the Lawyers received the Letter on May 24th. They asked me to get the medical done which I have scheduled for June 21st and also submit 6 Photographs.
 

Wishes&Luck

Registered Users (C)
Not sure

Hi Acc918,

I am not sure what should be the best course of action here. Will try to find out from friends.

When you moved the company from A to B after 6 months didn't you inform INS about the change?

Also find out about your legal status after your 485 is rejected. Since you are working on EAD. I don't mean to scare you...but all of us should be careful.

good luck


acc918 said:
Dear Wishes&Luck:

Thanks for the encouragement. My lawyer filed for a motion to reopen on time. The denial of my case was on 3/17/04 and it stated that there's no appeal. The fingerprinting has a mail date of 6/1/04 so it is way after they denied my case.

My lawyer said litigation in Federal court is the best way to go. What do you think?

Thanks.
 

acc918

Registered Users (C)
Thats sad

Wishes&Luck:

Thanks again for your kind thoughts. We did not file anything when I moved from company A to B. Lawyer said we don't have to. I'm worried about the Fingerprinting appointment this coming July.

I think rejection of i485 makes us out of status. but i read somewhere that the denial is not final until the motion to re-open is adjudicated. do you know anything about this?

Thanks again.
 

immportuser

Registered Users (C)
acc: change of job

I came to know from my attorney that you should report change of job if 140 is not approved and 485 is pending after 6months. But in your case 140 is approved. So I don't know why.
 
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