eb1-EA denied at VSC - Appeal??

M

marathon

Registered Users (C)
Got letter in the mail saying that my i485 was denied because my i140 (eb1_ea) was denied on Jan 10th - message in the website never changed.
Waiting for explanation of denial of i140. Can anybody tell me how long an appeal takes after filing it?
Thanks! Below are my LUD:

i140 (eb1-EA) (filed concurrently with i485)
ND = Feb 05, 2003
LUD = 01/10/05, 01/11/05, 01/24/05, 01/24/05


i485
ND = Feb 05, 2003
LUD = 04/03/03 (FP1), 12/10/04 (assume it was because of FP2, which was done on 11/16/04, but message didn't change), 01/10/05, 01/11/05, 01/24/05, 01/24/05
 
marathon said:
Got letter in the mail saying that my i485 was denied because my i140 (eb1_ea) was denied on Jan 10th - message in the website never changed.
Waiting for explanation of denial of i140. Can anybody tell me how long an appeal takes after filing it?
Thanks! Below are my LUD:

i140 (eb1-EA) (filed concurrently with i485)
ND = Feb 05, 2003
LUD = 01/10/05, 01/11/05, 01/24/05, 01/24/05


i485
ND = Feb 05, 2003
LUD = 04/03/03 (FP1), 12/10/04 (assume it was because of FP2, which was done on 11/16/04, but message didn't change), 01/10/05, 01/11/05, 01/24/05, 01/24/05
Click to expand...

sorry - last LUD for i140, i-485 is 01/25/05
 
Thanks

Joo77 said:
Sorry to hear that.
Here is the link you can find the AAO processing time. For EA1, about 8 month. But you have to file appeal to VSC, they will transfer to AAO in 2 month. So totally about 10 month.
http://www.aila.org/contentViewer.aspx?bc=16,2921,3405
Click to expand...

Thanks so much, Joo7 - do you know if having an appeal pending gives me any advantage in terms of staying in the US, given that my 485 was also denied? My h1 expires on 03/01/05, and i want to change employer...
 
marathon said:
Got letter in the mail saying that my i485 was denied because my i140 (eb1_ea) was denied on Jan 10th - message in the website never changed.
Waiting for explanation of denial of i140. Can anybody tell me how long an appeal takes after filing it?
Thanks! Below are my LUD:

i140 (eb1-EA) (filed concurrently with i485)
ND = Feb 05, 2003
LUD = 01/10/05, 01/11/05, 01/24/05, 01/24/05


i485
ND = Feb 05, 2003
LUD = 04/03/03 (FP1), 12/10/04 (assume it was because of FP2, which was done on 11/16/04, but message didn't change), 01/10/05, 01/11/05, 01/24/05, 01/24/05
Click to expand...

Sorry to hear. My lawyer said that there is a rogue in CIS who denies everything going through his hands. You probably hit that bastard. Normally they can only issue a straight denial if you do not meet the very basic requirements. All the denials around this time are probably issued by that same bastard.
 
marathon said:
Thanks so much, Joo7 - do you know if having an appeal pending gives me any advantage in terms of staying in the US, given that my 485 was also denied? My h1 expires on 03/01/05, and i want to change employer...
Click to expand...
You do not have any advantage in term of staying US by appeal. You need some non immigration visa as a backup. H1.for example. Try to renew your H1.
 
My EB1-EA too was denied without any RFE by VSC. Interestingly on the same day as yours Jan 10. Lawyer said better to refile than trying to appeal. Haven't decided as yet. Am starting my LC/PERM process through employer anyway. Have H1 through July of 2007.
 
zyu said:
Sorry to hear. My lawyer said that there is a rogue in CIS who denies everything going through his hands. You probably hit that bastard.
Click to expand...
This really sounds more like an urban legend.


Normally they can only issue a straight denial if you do not meet the very basic requirements.
Click to expand...
They are trying to speed up the processing and part of their approach it seems is cutting back the number of RFE's they issue, so if previously we saw a lot of RFE's, some ludicrous, some giving the extension allowing to fix some shortcoming of the original filing, now we'll see more and more outright decisions. It's going to be an advantage for people with strong cases and break the hearts of those who fail.
 
thank you guys

thanks for your responses; it's indeed very disappointing to get a denial after waiting for 2 years (without counting the time it took me to help the lawyers prepare the case)...

i'll have to try to extend my h1 (expiring on 03/01/05)
 
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