permfiling
Registered Users (C)
My Eb1 EA 140 was denied. I appealed and the case was sent to AAO office in washington, DC on june 13th of this year. It takes about 60 days to give a decision. What are the success rates of appeals? can I file 485?
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EB1 EA Appeal Pending, can i file 485
- Thread starter permfiling
- Start date
permfiling
Registered Users (C)
Chris,
I did a self-petition for appeal too. I did file in eb2 too.
Sunny
I did a self-petition for appeal too. I did file in eb2 too.
Sunny
Chris,
I did a self-petition for appeal too. I did file in eb2 too.
Sunny
If you are from India or Chima then file I-485 in EB2. If your appeal will be approved then you can try to get this 485 transferred or you can refile. but for EB2 this is only chance for probably more than a year.
permfiling
Registered Users (C)
Relinking 485
If i file 485 now and if Eb1 EA appeal takes time to process and if I file 140 in EB2 and if it gets approved then I can link Eb2 -140 with 485?
If i file 485 now and if Eb1 EA appeal takes time to process and if I file 140 in EB2 and if it gets approved then I can link Eb2 -140 with 485?
If you are from India or Chima then file I-485 in EB2. If your appeal will be approved then you can try to get this 485 transferred or you can refile. but for EB2 this is only chance for probably more than a year.
Hi Permfiling,
How did you go about doing the appeal for EB1 and how long does it take to file an appeal. I have the rfe pending from EB1 and feel the chances of approval are dim so wanted to prepared for the appeal. How long do they take for the RFE. What was the basis of denial.
But I also have an EB2 case at Nebraska pending.
Since EB2 is current you can file the application with 485 and if your EB1 gets approved I guess you could ask for porting it. Others maybe be able to tell you better.
Thanks
How did you go about doing the appeal for EB1 and how long does it take to file an appeal. I have the rfe pending from EB1 and feel the chances of approval are dim so wanted to prepared for the appeal. How long do they take for the RFE. What was the basis of denial.
But I also have an EB2 case at Nebraska pending.
Since EB2 is current you can file the application with 485 and if your EB1 gets approved I guess you could ask for porting it. Others maybe be able to tell you better.
Thanks
Just a reminder:
AAO Processing Times on Appeals (as of May 29, 2007)
Case Type Time
I-140 EB1 (A) Alien with Extraordinary Ability 9 Months
I-140 EB1 (B) Outstanding Professor or Researcher Current
I-140 EB1 (C) Multinational Manager or Executive Current
I-140 EB2 (D) - National Interest Waiver 10 Months
I-140 EB3 (E), (G) - Skilled, Professional, or Other Worker 13 Months
AAO Processing Times on Appeals (as of May 29, 2007)
Case Type Time
I-140 EB1 (A) Alien with Extraordinary Ability 9 Months
I-140 EB1 (B) Outstanding Professor or Researcher Current
I-140 EB1 (C) Multinational Manager or Executive Current
I-140 EB2 (D) - National Interest Waiver 10 Months
I-140 EB3 (E), (G) - Skilled, Professional, or Other Worker 13 Months
permfiling
Registered Users (C)
Hi sjsd,
In the appeal, you have to substantiate with new evidence. I was told that if you file appeal
1. service center can deny it if no new evidence
2. If new evidence, chances to end up in AAO office are more
I dont know how are the success rates of appeals
In the appeal, you have to substantiate with new evidence. I was told that if you file appeal
1. service center can deny it if no new evidence
2. If new evidence, chances to end up in AAO office are more
I dont know how are the success rates of appeals
You do not need "new" evidence to file an appeal. There is nothing specified about what you write in your brief:
There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.
However, you will need new facts for a motion to reconsider:
In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.
Excerpts come from http://www.uscis.gov/portal/site/us...nnel=2411c9ee2f82b010VgnVCM10000045f3d6a1RCRD
Chris
There are strict deadlines that must be met to properly file an appeal. The appeal must be filed with the correct fee at the office that made the original decision. You may file a brief (explanation) in support of the appeal. After review, the appellate authority may agree with you and change the original decision, disagree with you and affirm the original decision, or send the matter back to the original office for further action.
However, you will need new facts for a motion to reconsider:
In addition to the right to appeal (in which you ask a higher authority to review a denial), you may file a motion to reopen or a motion to reconsider with the office that made the unfavorable decision. By filing these motions, you may ask the office to reexamine or reconsider its decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made. Any motion to reopen or reconsider must be filed with the correct fee within 30 days of the decision.
Excerpts come from http://www.uscis.gov/portal/site/us...nnel=2411c9ee2f82b010VgnVCM10000045f3d6a1RCRD
Chris