Crazy Situation 485 Transferred to AAO

S

sammygc

Registered Users (C)
Dear Friends!

My case should go here as one of the strangest...
I need desperate help !
United Nations Ginnu etc pl help !!

History filed cases in TSC

Apr 2 03 : First 140 and 485 concurrently filed
May 04 : Got RFE for 140 Ability To Pay
Oct 15 04 : 140 Denied and was send to AAO
Nov 1 04 : Filed MTR/Appeal


As a backup option I filed another 140/485 using a approved labor

Feb 25 05: New 140 was approved
I recently received a transfer notice for my New 485 stating

---------------

We transferred your I485 Application to Register Permanent
Residence or to Adjust Status to an office in ADMIN APPEALS OFFICE for processing.
That office has jurisdiction over the case

---------------

Qs

1. Why do you think my new 485 got transferred to AAO.

2. Do you think I should withdraw my old 140/485 or it does not matter ?

3. May be AAO is putting all cases in same basket as I see my A# is same
for old and new 485

I am really confused and tensed ...


thanks
 
sammygc said:
Why do you think my new 485 got transferred to AAO.
Click to expand...

Probably because the original I-140 is there and someone at TSC thought the I-485 should go with the original I-140.

May be AAO is putting all cases in same basket as I see my A# is same
for old and new 485
Click to expand...

Most likely. But you only ever get one A#.
 
Should I withdraw my old 140/485 application ?

Hi TheRealCanadian,

Should I withdraw my old application for 140/485 now that I have my new
140 approved. Things have become complicated as my new and old cases have been transferred to AAO.

I am worried that AAO might deny both 485 applications new and old thinking that they fall under same 140

:(
 
Managed to talk with Immigration Officer

thanks UN Canadian !

I was able to talk with an Immigration officer about my case...

Here is what is told me
----------

He thinks the new 485 was moved to Admin Appeals office as he thinks AAO might be working on my old 140/485.
They have a procedure where if AAO is working on a case they would call
back all the pending cases related to an applicant. And TSC might have been
asked to transfer my new case to AAO.

Apparently they have a system where they cannot have two cases pending
at two different locations. They assign a same Alien number to all pending cases. Which is true as I can see I my case.

He suggested we send a letter to AAO to withdraw the old cases so that everything becomes clean.

----------

My Lawyer thinks we should not withdraw old applications ...
As he does not know the real reason why the new case was moved to AAO

Where as the immigration officer suggested we withdraw the old applications
I am kind of confused and need second opinion.

I am worried that AAO might put all the cases in same basket and deny all
the cases new and old !! I probably will be left with no option ...

damn its crazy

thanks!
 
What was the resolution?

Hi,

I know it has been years since you last posted on the forum, but I was wondering if you could tell me the proceedings?

Thanks,
 
Yes, I know it is an old thread BUT there is a new post and this is for the newbie:

See: http://www.uscis.gov/USCIS/Outreach/Notes from Previous Engagements/2011/April 2011/AILA _040711.pdf

During the AAO Stakeholder call, AAO Chief Rhew confirmed that current USCIS policy is to hold a newly filed I-140 in abeyance while an I-140 in the same classification is pending on appeal.

Response: This action has been adopted to ensure that the agency’s decision on a petition will be consistent regardless of the number of petitions filed by the employer for a particular beneficiary. It would also be an unnecessary use of agency resources to continue processing the appeal to finality if a subsequently filed petition were already approved.

There is much more...........
 
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