Hello All,
Let me first start with the good news, that I am approved finally. My PD was July 2001 with 485 RD April 2004.
Mine is a very long story. But I did the following things in last 60 days
1. Reach out to Congressman and Senator, Also wrote to FL (but mine was never stuck in name check as it was cleared in 2004 itself)
2. Filed a complaint with Ombudsman
3. Obviously multiple infopass and several calls to TSC
4. Filed a WOM and served all the defendants. I believe a visa number was alloted and assigned to an answer after filing wom.
I was kind of told by TSC officers that mine should be approved this week and they also informed my senator office that my application will be approved (NOT ADJUDICATED) this week.
I will explain my detailed story later today and will also post the details for WOM.
Kishore.
**********************************************************************
Hello Friends,
Here is my story
1. Gave all the papers for filing Labor to Lawyer and he screwed up and delayed for 6 months and finally applied in July 2001 @ NJ DOL
2. Got an RFE for job description from NY DOL in Feb 2003
3. Labor approved in July 2003
4. Filed 140 in September 2003 (Employer / Lawyer refused to file concurrent)
5. Filed 485 /EAD / AP in April 2004 (After a very long ordeal) (EAD/ AP approved withn 20 days)
6. RFE on 140 around August 2004 (Ability to pay, Education evaluation)
7. Replied with all papers and 140 / 485 Denied November 2004 (Discreationary decision, old filers would remember from VSC)
8. Lawyer filed Motion to Reconsider on Dec 2004 (We blasted USCIS for abusing their discretionary power, trust me it was same exact words).
9. June 2005, they denied the motion, as my attorney has forgotten to sign the petition (YES USCIS was so mean). But they never notified us regarding the denail of Motion to reconsider).
10. I personally lodged a complaint with USCIS for not responding to the motion evne after 180 days.
11. Got a denail letter.
12. Applied again the "motion to reopen" the motion to re-consider with a signed petition June 2005
13. Also filed another 140, as it just became an ego issue between my attorney and adjudicating officer
14. July my 140, 485 was re-opened and my wife file was lost, as they moved it to shredding area the same day motion to reconsider was denied (this is unprecedented, I think thay adjudicating officer was just mean)
15. made numerous call inbetween and they refused to talk with me, as it was my employers case.
16. I still remmber September 12, 2005 called around 4:55 PM (call lasted for 65 mins) and spoke with an officer as Employer. She was so nice (gave a big story, how valuable I am and due to this I might even lose this valuable person blah blah), apologized for the delay and mentioned that officer is always mean and approved it right over on the phone and she asked me to verify the same online. She also approved EAD / AP and re-created my wifes 485 file.
17. I went clean with my employer and he was cool. Officer also called next day to followup with the case and faxed the copies of the approval.
18. Never received FP, wrote several letters all in vain.
19. Marc 2nd, case got transfer over
20. Finger Printed on May 8th
21. May 16th...Undeliverable mail notice, though they never sent any docuemnts.
22. Called them almost everyday and had atleast 1 infopass per week
23. Reached out to FL, Senator, Congressman, Ombudsman
24. Filed WOM-Pro Se (spent literally 12hrs a day for 2 weeks and prepared the whole thing, filed served on the same day)
25. Until July 5th, my case was never assigned to an officer or visa was alloted.
26. July 5th got calls from senator / congressman / Attorney Genral / acknowledgement to my summons from DHS and TSC
27. July 6th verified that case was assigned to an officer and visa was alloted
28. July 7th, just my AP was approved (not my wifes)
29. July 11th, LUD and message on wifes changed to "Document Mailed"
30. July 12th approval notice.
31. Between had 1 more labor filed and approved in 2 weeks and another 140 approved in 2 week for "Priority date" porting, but never used it through
I have a strong feeling that WOM would have triggered, but can say for sure. Bottom Line is nevr give up and fight back.
Sevreal people have reached out to me regarding WOM details and I promise to create a separate thread for 485 WOM with all necessary information some time today.
Good luck friends. This process has given me a great experience with respect to immigration law and the discretionary power that USCIS have. Even if USCIS abuse their discreationary power, fight back with facts and you will always win.
I don't see any more "Ability to Pay issue", but if you need any help Search by my ID in VSC, if you like to know more about 140 issues or read the "Ability to Pay issue" thread in VSC 140.
Kishore.
Let me first start with the good news, that I am approved finally. My PD was July 2001 with 485 RD April 2004.
Mine is a very long story. But I did the following things in last 60 days
1. Reach out to Congressman and Senator, Also wrote to FL (but mine was never stuck in name check as it was cleared in 2004 itself)
2. Filed a complaint with Ombudsman
3. Obviously multiple infopass and several calls to TSC
4. Filed a WOM and served all the defendants. I believe a visa number was alloted and assigned to an answer after filing wom.
I was kind of told by TSC officers that mine should be approved this week and they also informed my senator office that my application will be approved (NOT ADJUDICATED) this week.
I will explain my detailed story later today and will also post the details for WOM.
Kishore.
**********************************************************************
Hello Friends,
Here is my story
1. Gave all the papers for filing Labor to Lawyer and he screwed up and delayed for 6 months and finally applied in July 2001 @ NJ DOL
2. Got an RFE for job description from NY DOL in Feb 2003
3. Labor approved in July 2003
4. Filed 140 in September 2003 (Employer / Lawyer refused to file concurrent)
5. Filed 485 /EAD / AP in April 2004 (After a very long ordeal) (EAD/ AP approved withn 20 days)
6. RFE on 140 around August 2004 (Ability to pay, Education evaluation)
7. Replied with all papers and 140 / 485 Denied November 2004 (Discreationary decision, old filers would remember from VSC)
8. Lawyer filed Motion to Reconsider on Dec 2004 (We blasted USCIS for abusing their discretionary power, trust me it was same exact words).
9. June 2005, they denied the motion, as my attorney has forgotten to sign the petition (YES USCIS was so mean). But they never notified us regarding the denail of Motion to reconsider).
10. I personally lodged a complaint with USCIS for not responding to the motion evne after 180 days.
11. Got a denail letter.
12. Applied again the "motion to reopen" the motion to re-consider with a signed petition June 2005
13. Also filed another 140, as it just became an ego issue between my attorney and adjudicating officer
14. July my 140, 485 was re-opened and my wife file was lost, as they moved it to shredding area the same day motion to reconsider was denied (this is unprecedented, I think thay adjudicating officer was just mean)
15. made numerous call inbetween and they refused to talk with me, as it was my employers case.
16. I still remmber September 12, 2005 called around 4:55 PM (call lasted for 65 mins) and spoke with an officer as Employer. She was so nice (gave a big story, how valuable I am and due to this I might even lose this valuable person blah blah), apologized for the delay and mentioned that officer is always mean and approved it right over on the phone and she asked me to verify the same online. She also approved EAD / AP and re-created my wifes 485 file.
17. I went clean with my employer and he was cool. Officer also called next day to followup with the case and faxed the copies of the approval.
18. Never received FP, wrote several letters all in vain.
19. Marc 2nd, case got transfer over
20. Finger Printed on May 8th
21. May 16th...Undeliverable mail notice, though they never sent any docuemnts.
22. Called them almost everyday and had atleast 1 infopass per week
23. Reached out to FL, Senator, Congressman, Ombudsman
24. Filed WOM-Pro Se (spent literally 12hrs a day for 2 weeks and prepared the whole thing, filed served on the same day)
25. Until July 5th, my case was never assigned to an officer or visa was alloted.
26. July 5th got calls from senator / congressman / Attorney Genral / acknowledgement to my summons from DHS and TSC
27. July 6th verified that case was assigned to an officer and visa was alloted
28. July 7th, just my AP was approved (not my wifes)
29. July 11th, LUD and message on wifes changed to "Document Mailed"
30. July 12th approval notice.
31. Between had 1 more labor filed and approved in 2 weeks and another 140 approved in 2 week for "Priority date" porting, but never used it through
I have a strong feeling that WOM would have triggered, but can say for sure. Bottom Line is nevr give up and fight back.
Sevreal people have reached out to me regarding WOM details and I promise to create a separate thread for 485 WOM with all necessary information some time today.
Good luck friends. This process has given me a great experience with respect to immigration law and the discretionary power that USCIS have. Even if USCIS abuse their discreationary power, fight back with facts and you will always win.
I don't see any more "Ability to Pay issue", but if you need any help Search by my ID in VSC, if you like to know more about 140 issues or read the "Ability to Pay issue" thread in VSC 140.
Kishore.
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