Financial Info - Candidate

naanshi said:
GC_Gone_case,
Which case LUD has been updated? I-485 or I-140 or both? If you see all the pending cases LUD changed on same day without status change, then most likely it is a denial. Thats what I learned from the posting here. I don't think you will see that. But just for your information.


naanshi.
Click to expand...
The history of LUD is below:
1. June 23, LUD update for 140 and status change, Reply to RFE received, 485 no change
2. June 24, LUD update for 140 and 485( 485 changed for me and wife, child not updated), no status change
3. June 25, LUD update for 140 only, status / 485 - no change
4. June 28, LUD update for 140 only, status / 485 - no change
 
GC_GoneCase,
Looks like they are working on your I-140 case. So far Your case is getting processed normally. Hope for the best.

naanshi.
 
naanshi --- do we need to see LUDs

Do we need to see many LUDs before a decision is made? Isn't it possible that even before the date gets updated we could see the decision (in case it was picked up for processing in the morning and they update the status in the evening).

I am wondering we might also see the end result without even knowing the changes of LUD.
 
140 LUD updated again for 5th consecutive working day

GC_GoneCase said:
The history of LUD is below:
1. June 23, LUD update for 140 and status change, Reply to RFE received, 485 no change
2. June 24, LUD update for 140 and 485( 485 changed for me and wife, child not updated), no status change
3. June 25, LUD update for 140 only, status / 485 - no change
4. June 28, LUD update for 140 only, status / 485 - no change
Click to expand...

LUD updated again on 6/29 for I140. No change in status or 485 LUD.
For last 5 working days, 140 LUD has been updated everyday. I am surprised, what are they doing everyday on my case. Probably, it is complex one and USCIS is not sure what to do.
 
naanshi said:
GC_GoneCase,

Any change in LUD today????

naanshi.
Click to expand...
Naanshi,
140 LUD updated again today, No update to 485. What do you think these guys are doing? In last 7 workdays, the LUD on 140 has been updated on 6 days.
 
GC_GoneCase

You may have to update your id soon. You are having too many LUD hits, for us not even one. I guess all I140 adjudicators are working on your case so much so other cases are not touched.

It is good that you are giving them a hard time!!!! :D
 
GC_goneCase,

Thanks for the update buddy. I feel it is a good sign. Till your I-140 and I-485 LUD change on same day, without any status change, you are looking good.

My theory in your case is as follows. Most of the Gurus are not going to agree with me. I am not arguing that I am correct. There is no proof of my theory. We have to wait and see.

AC21 law was passed mainly to get rid of any control on the employees, whose I-485 is pending for more than 180 days. After 180 days, as per law, nobody can stop the I-485 applicant, which includes employer and USCIS also. If USCIS does not act on the case within 180 days then the person is free to change employer. I-140 petition is Employer based and once you change employer the I-140 petition is invalid. Denial or withdrawal or revoking should not matter any more.(I-140 denial due to applicant's educational grounds may be different.)

In your case, your employer withdrew the I-140 petition after 180 days. So your are safe. As per AC21 law, nobody should be able to control the applicant after 180 days. Even in the August 2003 memo,it states that if the employer withdraws I-140 petition after 180 days and the applicant sent AC21 letter with new employment Offer, the I-485 must be processed regulary.

If Withdrawal before I-140 approval is not acceptable by USCIS, do you think they will issue RFE in your case or working on your case for six days in a week? They would have denied just on that day, without issuing RFE.

I strongly believe that you are going to get approval and your approval is going to tell lot of people that what they thought was correct, was Absolutely wrong.

Again, I may be completely wrong here. These are just my views.


naanshi.
 
naanshi's argument

I wish your argument comes true. According to your argument the approved labor becomes portable by using AC21. If 180 days has passed and there is fear of ability to pay issue then using your logic one can by pass... will USCIS allow one to do that????
 
Yes, thats what the law says. Find a financially strong company and send AC21 letter to USCIS. As long as you have a job in hand and you are not a burden to the society, you are protected by the law.

naanshi.
 
naanshi said:
Yes, thats what the law says. Find a financially strong company and send AC21 letter to USCIS. As long as you have a job in hand and you are not a burden to the society, you are protected by the law.

naanshi.
Click to expand...

Thanks Naanshi for your views. My new company, thru whom I sent the AC21 is very profitable with a return of more than 300% on the products. It is not a verybig company and has turnover of less than 20 millions at this time but financially very strong.

I also think that USCIS were to deny the case, they could have done it without RFE, which means 180 days rule per your definition applies, I do not know to what extent. Further, for last 1 week, almost everyday they are working on it. I hope, they are not using it for internal training to show to different groups - If such is the case - deny or approve, whatever.

Just for your information, the employer not only withdrew the 140 petition but also substituted the labor with another employee in March this year.

The suspense is still killing. If the 140 gets approved, it would be a miracle.
 
GC_GoneCase,

Till they do some work on your case, they won't change the LUD. Yes, you might be correct. They may take your case as a training material. But it does not mean that they have to change LUD.

naanshi.
 
Hi nanashi

If I140 is denied can we appeal that and do we have to appeal 485 too ?
Can apply for second 485 while we appeal first case ?
 
If I140 is denied can we appeal that and do we have to appeal 485 too ?
****Yes, Most likely. If I-485 denial is based on I-140 denial then no need to appeal for I-485. Appeal only I-140.

Can apply for second 485 while we appeal first case ?
***** If your question is for applying second I-140 and I-485 concurrently then the answer is Yes.

naanshi
 
Nanshi

Can we apply the second I-140 and I-485 based on A# got on first case if applicant does not have valid H1.
 
User850----is it Hypothetical question?

Did you hear about your I140 or you just asking these questions hypothetically?

You can appeal, and also apply new I140 (CP or I485). However what happens if appeal is withheld...then withdraw the new ones??
 
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