Hi Manish Varma, sorry but it seems to be Denial.

D

dna

Registered Users (C)
I dont want to scare you, but most of the time "A written decision has been mailed to you" means a denial.

Had you received any RFE or anything recently ? Did you reply it in time ? Were you out of status anytime ?

I would advise you to contact your lawyer immediately and make sure that your I140 was not revoked by mistake. Also which category do you belong to ? EB2 or EB3 ? Bcos I have seen a few cases which were appproved for EB2 at I140, but at 485 they were asked to redo 140 in EB3. Gather all information and be prepared.

Wish you good luck. And I hope I am wrong !!! Keep us posted.

Guys please help him out

Reference :
http://www.immigrationportal.com/WebX?14@@.ef23e86/39
 
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Hi dna, Can you give me some specific details about redo I40 in EB3, the reason and whether it got approved later?

Thx
 
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In my case my I140 was rejected before filing 485. And reason given by my lawyer was, he tried EB2 instead EB3. Later he again filed brand new I140 in EB3 and it was approved. But I have seen posting on this board of couple of persons getting RFE, (NO DENIAL though) at 485 stage to redo 140 in EB3 (rather than initial EB2).

One of those posting, which I can recall is

http://www.immigrationportal.com/WebX?50@@.eef78de/0
 
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One more question. Did you have to do the labor again in EB3? The reason why I am asking is because my lawyer was guessing that my 140 might be rejected in EB2 (at the time of applying 140) but it was approved and I filed 485 under EB2. I was concerned if this issue would crop up again during 485.

Thanks!!!
 
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I never received any RFE. I was never out of status. Mine is a dependent application. My wife\'s case was approved last month. I had applied for I-140 thro\' my employer earlier, but then applied 485 as a dependent.

Manish
 
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Hi Sush,

As far as I understand, labor does not have category attached. And I did not have to do labor again. It is independent of category. Category, EB2 - EB3 comes into picture only at the time of filing I140.
 
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Labour decides whether the position is eligible for EB2 or EB3. Most of the time it is decided based on the job title of and applicant\'s background.

I-140 decides whether the applicant is eligible for EB2 or EB3.

So, if labour is for EB3, then there is no question of EB2 at I-140.
If labour is for EB2, then I-140 is for EB2 or not.
 
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I received the denial letter today. The application has been denied based on my I-140 application from the previous employer. I had applied I-485 as a dependent. So, there should not have been a question of I-140 in my case. Seems to be a confusion somewhere. I\'ll be talking to IIO/lawyer etc. on Monday. Any suggestions.

Manish
 
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If this is the case, then why does INS ask anyone to redo I-140 in EB3? Why would they check the eligibility for EB2 again? I am just wondering...
 
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That is totally wrong. Labor does not have category attached at all. Category is specified only at the time of i-140. In lay man\'s terms, labor is done to prove that there is no available American citizen or permanent resident who is qualified for the position and agrees to accept the job and also the salary offered for the position is in tune with the current market.
 
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This seems like a silly mistake on the part of INS. I am positive, it will be resolved as soon as pointed out. I\'ve heard of multiple such mistakes and all of them got resolved pretty quickly. Best of luck. Hope, you get your approval soon.
 
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Ohh... Man!!! This is height of INS\'s blunders... Just could not not comprehend how they can mess things up like this in these "e-days"?

Fight on man...
 
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