EricS I-485 is approved! Freeeedooooooom!!

Future Employment, 140 Approved, 485 Problems ?

Folks,

Company A filed my GC based on Future employment. 140 got approved in May. I have not joined and will not join until GC. Does anyone foresee any problems during 485 ? I Don't plan on using EAD until 485 is approved..

Any help appreciated
 
I'm in deep trouble

Hey I am the last one to congratulate you…. It was awesome to here this news.
It is wonderful news.. nothing you could ask more for ….

It has been really bumpy( actually more than that) ride when we actually at some points lost the GC hopes. But now you can expect a peaceful life.


Here we are, after a long wait and all that troubles we have gone through. I still remember the day I landed first time in US, I had to wait 9 hours on Airport before somebody was there to pick me up from the company. I know the other things you have gone through as well just waiting to see TODAY. Guess what END OF THAT STORY.

In this journey we have met a wonderful person UN who has actually saved us from sinking. The credit goes to him, It would not had been possible to see this day without his help. He has spent his days and nights to get us out of this mess. Hats off to UN.

I Wish you the best for all your future endeavors.

Regards



Eric_s,UN and Hidden_man,

Could you please send your contact info. to me ?. I would like to contact u guys in off line to get help on issue.

Looks like I'm in deep trouble.
 
Eric_s,UN and Hidden_man,

Could you please send your contact info. to me ?. I would like to contact u guys in off line to get help on issue.

Looks like I'm in deep trouble.

I just now saw your private messages, I will respond today.
 
Hi EricS, my case is same as yours

Hi Eric and UnitedNations

I would need your experience and help to pull me out of the trouble that i am in now.
My case is exactly the same as ERIC,

applied for labor in 2002
got approval in april 2007
applied for 1-140 in regular, moved to premium in june 2007
applied for 485, ead, 131 june 07
got RFE on 140 for ABILITY to PAY for 2002, 2003, 2004
responded within 80 days
got denial notice within 2 days
my 7th year H1B is expiring Oct 2008 and it wont be possible for me to extend is beyong 7th year if i dont have application pending for one year neither a new LC can help me stay beyond oct 2008

Eric as i read from your posts your applied for MTR with help from UnitedNations and your other friends.
It must have been a great effort on ur part to do it on your own.

I would need help from your guys on this

1) do we have to file MTR within 30 days
2) do they respond to MTR within certain time or its not fixed
3) what would it take to file MTR , can you give me some details as to what need to be file, letters from Managing parters of company , financials statements
4) they refused 140 saying that the difference in salary ( prevaling wage - salary ) was not accounted for in financial statement, even though my employer / lawyer think that the case is strong enough and financials are justified.
5) do you think i should file for new LC
6) can we refile 140 if MTR is rejected.

Would appreciate if you can respond ASAP as i have only few weeks to send MTR

Thanks


I am very happy to share this news with all of you that by the grace of GOD, my 485 is approved!

I got the emails this morning, 05/05/05, that my 485 was approved on 5/4/2005 and a new card has been ordered.

It has been a long 4 yr journey, may be not as long as some others, but it was full of bumps and stop signs. LC was filed in Oct 2001 in RIR after months of preparation. Then it got stuck in the April 2001 LC loop in NJ. Then we got a NOID on LC for revising the proffered wage from 65 K to ~80 K. We did that and LC was approved in Nov 2003. Our wonderful attorney took couple of months to put together the case.

After a years wait, 140 and hence 485s were denied in Nov 2004 due to Ability to pay and Education issue. We talked to our attorney and he just gave up. Talked to our CPA, same thing. These were the guys whom we have been telling since last 6 months that 140 may get denied due to A2P and we may need to do something. They always said that they will handle it when it comes. When the denial came, they simply backed out.

I was so depressed. I was already in my 6th year of H1. Even if I applied for new LC, there were no chances of getting a 7th year H1 ext. Anyway I applied for 2 new LCs from 2 different states after paying expenses out of my pocket. I was also thinking of taking a pre-approved LC, but could not find any reliable company for that.

Then.... came..... UnitedNations!
He was the first person to tell me, "You will be approved". I had hard time believing him first, but reading thru his posts and talking to him, I realized what knowledge he has. I put full faith in him. We filed MTR without any attorney's help. UN was the one who prepared the more than 100 page MTR for me. My friend, Hidden_Man, had already done all the ground work with UN and our employer when his 140 got denied, and it proved so helpful. In fact, I may not have done it without his help. My MTR was accepted and 140 was approved in a month. Considering Dec holiday season, it was pretty fast. For more details about my MTR please read my post #1301 in UnitedNations ability to pay thread.

http://www.immigrationportal.com/showpost.php?p=1027682&postcount=1301

Thank you UN, you are simply great!

Then I got my FP in Feb 2005. Tried to do early FP, but had to wait. Now for last couple of days, I was watching other people get approved with NDs in as far as Dec 2004 and was thinking what is happening to my case. As you may know, my wife's case was also denied along with my 485. Her 485 got reopened in March 2005. FP season was already over by then and we did not get FP for her. So finally, yesterday, we decided to call USCIS to request to send a FP notice as the published dates for 485 is June 3rd 2004 now (ours is ND 5/18/2004). I called 800 # and we got transferred to VSC. The officer who took the call said that, although your ND is 5/18/2004, but yours are reopened cases on MTR, so those processing dates do not mean anything to your cases. It may take months for your cases to be touched.

My heart sank and I was thinking what is going to happen. I will have to shell out another $3000/- for H1 ext and above all this uncertainty. I did not want to use EAD as I was not very sure what will happen to my 485. We were about to hang up disappointed, when I asked him if can please check the status of my case. He asked for my A# and in a very normal way said " Your case is approved today". We couldn't believe what he was saying. Anyway, I thanked him and we hung up the phone. Then I started waiting for Website update and Email. I haven't checked my email, these many numbers of times in one day as I checked yesterday. I waited till 11 PM, still no update. I started feeling that he may have punched in a wrong A# and it was not my case. I still had hope as I had seen so may people reporting that they received email notification the next day about approval.

I couldn’t sleep very well and got up early. Still no email, no update on the website. Finally, at 7:15 AM I got 2 emails announcing my approval. Website also updated. The message says that after approving, a card has been ordered. My wait is over!

Now we are waiting for my wife to get a FP notice, lets see when that will happen.

I am so thankful to Mr. Rajiv S. Khanna, that he hosts this wonderful website, where we can all share our experiences and progress on our cases. If it were not for this forum, I would have never met UN and may be had to wait another couple of years to get my GC or may have given up and just went back.

Thanks to my friend, Hidden_Man, for doing all the ground work for MTR. I feel so bad that his 485 is stuck in the name check, I wish he also get his approval soon.

There are so many wonderful people on this forum, who help others in need. Thanks to them and thanks to all the forum members, who share their experiences and make this unpredictable journey, a little less stressful. Thank you all!

I wish the PDs become current soon and all of you, who are waiting for approval, get it soon. I know what it is like waiting. I wish no one has to go thru what I went thru.
Best to luck and thanks!

I am right here, trying to help others, as much I can.
God bless you!
=======================
LC: filed-10/2001 approved-11/2003
EB3 - VSC - 140 485 EAD: Concurrent ND: 5/2004 - EAD AD - 7/2004
140 Denied 11/2004, Ability to Pay and Edu - MTR I-290B filed 12/2004 - 140 reopened and Approved 01/2005
FP ND 2/2005 FP date 4/2005 Done 4/2005
485 Approved and Card Received - 5/2005
==
Spouse 485: ND 5/2004, Denied 11/2004, Reopen 3/2005
FP 5/2005
AD 6/2005
PP Stamp 7/2005
CR 8/2005
========================
 
Hi Eric and UnitedNations

I would need your experience and help to pull me out of the trouble that i am in now.
My case is exactly the same as ERIC,

applied for labor in 2002
got approval in april 2007
applied for 1-140 in regular, moved to premium in june 2007
applied for 485, ead, 131 june 07
got RFE on 140 for ABILITY to PAY for 2002, 2003, 2004
responded within 80 days
got denial notice within 2 days
my 7th year H1B is expiring Oct 2008 and it wont be possible for me to extend is beyong 7th year if i dont have application pending for one year neither a new LC can help me stay beyond oct 2008

Eric as i read from your posts your applied for MTR with help from UnitedNations and your other friends.
It must have been a great effort on ur part to do it on your own.

I would need help from your guys on this

1) do we have to file MTR within 30 days
2) do they respond to MTR within certain time or its not fixed
3) what would it take to file MTR , can you give me some details as to what need to be file, letters from Managing parters of company , financials statements
4) they refused 140 saying that the difference in salary ( prevaling wage - salary ) was not accounted for in financial statement, even though my employer / lawyer think that the case is strong enough and financials are justified.
5) do you think i should file for new LC
6) can we refile 140 if MTR is rejected.

Would appreciate if you can respond ASAP as i have only few weeks to send MTR

Thanks


Eric , my personal email address is guneet@chugh.com would appreciate if you can email me the link
 
See the responses in line with -------->
Hi Eric and UnitedNations

I would need your experience and help to pull me out of the trouble that i am in now.
My case is exactly the same as ERIC,

applied for labor in 2002
got approval in april 2007
applied for 1-140 in regular, moved to premium in june 2007
applied for 485, ead, 131 june 07
got RFE on 140 for ABILITY to PAY for 2002, 2003, 2004
responded within 80 days
got denial notice within 2 days
my 7th year H1B is expiring Oct 2008 and it wont be possible for me to extend is beyong 7th year if i dont have application pending for one year neither a new LC can help me stay beyond oct 2008

Eric as i read from your posts your applied for MTR with help from UnitedNations and your other friends.
It must have been a great effort on ur part to do it on your own.

I would need help from your guys on this

1) do we have to file MTR within 30 days
--------> Yes
2) do they respond to MTR within certain time or its not fixed
--------> Not fixed. Minimun time we can't predict. Some people get decision in 6 weeks also. If you do not hear from them in 6 months, then you can open the inquiry. See the latest processing times at this link if you file MTR + appeal:
http://www.immigration.com/processing-times/aao.html

3) what would it take to file MTR , can you give me some details as to what need to be file, letters from Managing parters of company , financials statements
--------> I have updated my first post of this thread. It should give you an overview of what was done in my case. Every case is different, so same things may or may not work.
4) they refused 140 saying that the difference in salary ( prevaling wage - salary ) was not accounted for in financial statement, even though my employer / lawyer think that the case is strong enough and financials are justified.
--------> May be your lawyer/employer is wrong.
5) do you think i should file for new LC
--------> Yes, if there is another open position then you should file another LC, but do not abandon this existing GC.
6) can we refile 140 if MTR is rejected.
--------> Yes, with new evidence to overcome the reasons for denial.
Would appreciate if you can respond ASAP as i have only few weeks to send MTR

Thanks

As I see from your email Id, looks like you are an employee of the Chugh firm. They also practice immigration law. They will be able to better guide you, but this is what I would suggest.

File MTR + Appeal (290 B) with in 30 days of denial. If you file MTR only (290 A), it may once again get rejected in couple of days. If you file 290 B, it will take atleast a year before decision is made. In the meantime, you can extend your H1.

I have not seen your case particulars, but have you / employer made a thorough analysis of the comapny financials? If you see there is really no way to overcome the ability to pay, then you should definitely file another LC.

Let me know if you need further help.
 
Need Help UnitedNations (I-140 denied "Ability to Pay I think")

Hi All,

My i-140 got denied yesterday received an email. Lawer still waiting for the paper from USCIS NSC center...I think it is mostly due to "Ability to Pay" since I got an rfe on this way back in 2007 and responded to this rfe with all the relavent papers...Don't know what to do I have filed for my 7th yr extention in Nov 2007 and it's still pending....What option do I have now ...?

Can I refile for my GC (new LC) with different employeer ?
How much time does MTR takes and what are the chance of it getting approved?
Does this denial will effect my H1 which is pending from last 2 month?

Please help me
 
Hi All,

My i-140 got denied yesterday received an email. Lawer still waiting for the paper from USCIS NSC center...I think it is mostly due to "Ability to Pay" since I got an rfe on this way back in 2007 and responded to this rfe with all the relavent papers...Don't know what to do I have filed for my 7th yr extention in Nov 2007 and it's still pending....What option do I have now ...?
Can I refile for my GC (new LC) with different employeer ?
Yes.
How much time does MTR takes and what are the chance of it getting
approved?
Did you file MTR only (290A) or MTR + Appeal (290 B)? MTR should not take more than 6 months. Appeal can take up to 1.5 years (even more). Chances depend directly on the kind of ducumentation you provide to overcome the reason for denial.
Does this denial will effect my H1 which is pending from last 2 month?

Please help me

If you do not appeal on time, then your H1 7th year extension may get denied, because your 7th year ext is based on your pending (now denied) GC. So file the MTR / Appeal ASAP.

To be on the safe side, start new LC with same/different employer and make sure company has the the A2P.

Best of luck!
 
Yes.

Did you file MTR only (290A) or MTR + Appeal (290 B)? MTR should not take more than 6 months. Appeal can take up to 1.5 years (even more). Chances depend directly on the kind of ducumentation you provide to overcome the reason for denial.


If you do not appeal on time, then your H1 7th year extension may get denied, because your 7th year ext is based on your pending (now denied) GC. So file the MTR / Appeal ASAP.

To be on the safe side, start new LC with same/different employer and make sure company has the the A2P.

Best of luck!
Hi Eric!
My I140/485 were revoked on education grounds and planning to appeal.

Which option should I choose while filing MTR+APPEAL in I290B? I am little bit confused. Could you help?

Thanks
 
Hi Eric!
My I140/485 were revoked on education grounds and planning to appeal.

Which option should I choose while filing MTR+APPEAL in I290B? I am little bit confused. Could you help?

Thanks

When I filed 290B, these options were not on the form, so not sure. You will pick option A (I am filing an appeal). IMO, appeal is considered MTR + appeal (Option A, B and C). MTR only (option D, E and F) stays in USCIS service center and does not go to AAO. Please consult a lawyer to be sure.

Best of Luck!
 
EricS/UN/Hidden_Man Please help! SOS!

Hi,

Congratulations EricS. It was great information and emotional roller coaster reading your story.

United Nations and Hidden_Man i request you guys to help me.

I just saw an email from UCSI, my I140 is denied. Will have to wait to see what employer gets in the actual letter.

My case:
Labor applied in NC via Traditional Labor /EB3 in 12/2002 [PD].
Labor approved in 12/2007 [EB3].
I140 Submitted in 12/2007 in TSC [EB3].
I140 No LUD, no RFE, just denial letter sent 6/12/2009.
I485 not filed since Concurrent wasn't available at my time.

When labor was applied i had 8years of experience in 2002.

My case is BSc (CSE) 3 year Computer Science & Engineering degree, plus 3 years of misc. S/W courses and diplomas, so Educational evaluation ever since first h1 says Equivalent to Bacherlors.

My employer told he had other people in company got I140 approved last year and year before and had not received any RFE/NOID/denial in other cases.

So i am still speculating what the reason for denial might be.

Another Q:
My H1 was recently extended for 3 years, so is valid till 2011. But since I140 is denied, do i have time or do i have to go back in 10 days?

Thanks.
 
Last edited by a moderator:
Hi,
........................
My H1 was recently extended for 3 years, so is valid till 2011. But since I140 is denied, do i have time or do i have to go back in 10 days?

Thanks.

You can stay until your H1 is valid. That is the very reason why it is recommended to keep H1 alive while GC is in progress.
 
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