FAST I-140 APPROVAL - 42 days

[wh1zky]

Everyone,

This is my very 1st post to this forum since I joined. But I have been a constant visitor since Nov. 2004. The month I got my I-140 denial notice (including I-485 and EAD). Eversince, I always read threads that might help me.

Anyway, here is my story:

PD 02/23/2003 (TSC, EB3)
I-140 RD 10/29/2003 (I-485 concurrent filing)
I-140 ND 10/30/2003
I-140 RFE ND 11/01/2004
I-140 RFE RD 11/05/2004
I-140 Denied ND 11/12/2004 (I-485 Denied ND 11/22/2004)
I-290B Appeal ND 11/22/2004
I-290B Appeal LUD 11/24/2004

PD 02/23/2003 (TSC, EB3)
2nd I-140 RD 12/21/2004 (I-485 concurrent filing)
2nd I-140 ND 12/22/2004
2nd I-140 AD 02/02/2004

YES. My 2nd I-140 got approved in 42 days. But unfortunately, they returned my I-485 twice (Jan. 4 and Jan. 25 because of regression). I believe they miscalculated our filing. We have re-filed again last Feb. 2 with all receipts to prove that we filed Dec. 21, 2004 including the memo re: visa regression and an archive of Dec. 2004 visa bulletin. Hopefully they accept so we can file EAD (6 yrs ending on Sept. 30, 2005 but H1-B visa stamp is upto July 1, 2005). But the weird thing about this approval is: I checked my portpolio list in USCIS website and my original I-140 had an LUD change. I guessed it was because of the I-290B appeal (re-open or transfer to AAU). But alas, next day, my 2nd I-140 got approved with no LUD prior to approval. Not sure if they saw both applications. Becuase of this I am now confused. Hopefully someone can help me.

1. Can I transfer or re-open my original I-485 to the new approved I-140?
2. Are all pending I-485 that are affected by the regression need to wait 'till a visa is available (irregardless when filed)?

==> wh1zky

 

[allaboutgc]

What's the reason for your first 485 denial?
Thank you for sharing.

 

[wh1zky]

The I-485 denial was basically due to the I-140 denial. We filed concurrently. Now since my 2nd I-140 was approved, I'm afraid my I-485 (if they accept our 2nd I-485 or if they re-open the original I-485) will be stuck for a while because of the visa regression.

The original I-140 got denied because of "ability to pay". Just FYI. If you ge an RFE re: ability to pay, make sure you study the evidence you will submit first. Also, of course, comply with what is being requested. In my case, they required audited financial report or company tax returns. We did not submit any of those because my company said by law, a private company may opt not to send tax returns. We submitted a letter from CFO and an "unaudited" financials. It got denied. Tne 2nd filing of I-140, we submitted all that was required including my W2 (make sure your W2 is equal or greater than proferred wage otherwise the company net profit should be enough to cover it).

Hope this helps. I will likewise post my experience in the "ability to pay" that unitednations opened.