3 months ago my I140/I485 (concurrent) at NSC were denied on "ability to pay" issues. My lawyer filled an appeal (I290B) and today the LUD of the I290B, I140 and I485 were changed to today's date. There was no change on the message of the I290B and I140 HOWEVER the message of the I485 changed to this:
Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On October 6, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 570 and 600 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
Like I said before only the message for the I485 changed and the message of the I140 and I290B is still:
On June 25, 2004, we received your response to our request for evidence or information. It is taking between 150 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.
Does this mean that my I-140 appeal was approved?
My full details are:
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004
Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On October 6, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 570 and 600 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
Like I said before only the message for the I485 changed and the message of the I140 and I290B is still:
On June 25, 2004, we received your response to our request for evidence or information. It is taking between 150 and 180 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.
Does this mean that my I-140 appeal was approved?
My full details are:
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004