I-140/485-denied-MTR-Status change?

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venkat04

Registered Users (C)
Gurus,
I don’t understand the following status info. Please explain what is going on my case.
Here are few details…
My I-140 & 485s and dependents 485 got rejected in July. We send for MTR in August. Now the case status changed as follows for me. However depends 485 status has not been changed. BCIS is just considering / reviewing my MTR or approved?
I am confused. I appreciate guru’s response.

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Application Type: I290A, APPEAL OR MOTION TO REOPEN OR RECONSIDER
Current Status:
Your I290A APPEAL OR MOTION TO REOPEN OR RECONSIDER was received on August xx, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
On October 8, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 90 and 485 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Application Type: I485, Application to Register Permanent Residence or to Adjust Status
Current Status:
On October 8, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 365 and 540 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
 
Thanks UN. Definitely I will post complete details by tomorrow (Monday)

I believe, there is no chance of concurrent approval as FP is not done yet.
 
Thank you UN. Here are the case details.

My I-140(EB2) denied because of company’s ability pay

Here is the brief info about case:
LC applied: Sep/2001
LC priority date: Oct/2001
LC approved: Jul/2003
I-140/I-485/EAD/AP filing: Sep/2003
EAD received Dec/2003
AP received April/2004

2001 W2 $17K less than LC Salary
2002 W2 $3K less than LC Salary
2003 W2 $15K less than LC Salary
2004 Pay-stubs salary 9k less than LC salary

I-140 RFE received May 26/ 2004 Requesting W2s and company tax returns of 2001 & 2003 (we already filed 2002s with application)

RFE Replied: June 8/2004 and received June 11/2004

I-140 & I485 denied: July 26/2004 asking for apply for MTR within 30 days.
Reasons: Company posted 87k net loss on tax returns of 2001 and assets of 867k. Also they mentioned that there is a discrepancy in 2001 audit reports and tax returns filed to IRS in 2001 and not explained ability to pay the salary in 2001.

(Fact: Company has profits in all subsequent years, though USCIS asked for the reports and not mentioned/considered any thing from them)

At the time of (I-140 & 485) denied status:
My 6 years H1 expired on Jul 9/2004. I have automatic 240 days work authorization as applied for 7th year H1-B extension on Jun 28(notice date) with same employer.
My 7th year H1 & H4s approved on Sep 2/04

MTR (no appeal):
Per my attorney’s suggestion, we applied for only Motion to Reconsider (MTR without Appeal) as it will take less time and if it denied, we planed to go for appeal with additional documentation.

In the MTR documentation:
a) Attorney proved that 2 out of 3 required items are meeting for I-140 approval.
b) For discrepancy in 01-audit reports and tax returns, attorney showed documents that in our USA company has profits in 2001 and also has share of more than 51% in a overseas company. When filed tax returns, sum of both (US & Overseas comp) have net loss. By law, company has to file combined tax returns if the share is more than 51% in a overseas company. So US company has ability to pay at the time of 2001.
 
unitednations said:
Just a little more info for you.

Generally, when denied cases have overcome their reason for denial, the case will either say approved or case was opened on a motion to reopen.

There has been a few people where there was a few month lag between case opened on motion to reopen and approval. I only know of one other person whose case was reopened from aao but uscis sent another RFE for education qualifications before approving 140.

Therefore, I'd say your case is pretty much approved.
Click to expand...

So, my cases both I-140 & 485 reopened and dependents 485 cases not opened. Do I need to send request for open those cases? or need to wait until receive the approval notice of 140? please let me know. Thanks.
 
I called my attorney and enquired about the change in the status of my cases. Attorney is telling me that I-140 not approved yet, but some is reviewing my case.

Incidentally, LUD changed today for I-290A, I-140 and I-485 with same status. I believe today is federal holiday (Columbus Day). How come LUDs changing on a holiday?
 
unitednations said:
Your attorneys correct they haven't approved it yet. However, you have overcome the reason of the earlier denial.

USCIS works in mysterious ways. They may have a private company who is not subject to columbus day as a holiday update the LUD's.
Click to expand...
Could be true. Even my applications had a LUD as of yesterday 10/11/04
 
My I-140, I 485 approved today.

My I-140, I 485 approved today.

Hi Venkat04,
your's too get approve. I am in same situation like you .
I checked this thread last night only, and wondered your and mine got matched in all the scenarios ..i.e even in LUD changes.

Thanks.
 
Thank you vey much Unitednations

Thank you vey much Unitednations. You did a great job. You supported all the way for all my queries. Wonderful job.
 
your are 100% correct

hi unitednations, your are 100% correct on my case.
I will post in other thread all the details.
 
vermontgc said:
hi unitednations, your are 100% correct on my case.
I will post in other thread all the details.
Click to expand...

congratulations!!

Looking forward to see your detail on the UN's thread.
 
It's very clear - I-140 got approved

It's very clear now. My I-140 got approved on 10/12/04
Got a mail from USCIS.

However, 485 cases of my family members haven't opened yet. Any suggestions on those cases.

I thank everybody especially to UN for the support in filing the MTR.

Venkat
 
vermontgc said:
My I-140, I 485 approved today.

Hi Venkat04,
your's too get approve. I am in same situation like you .
I checked this thread last night only, and wondered your and mine got matched in all the scenarios ..i.e even in LUD changes.

Thanks.
Click to expand...

Hi Vermontgc,
Congratulations!!!!

Do you have dependent cases? If so their 485's got approved too? If not what is the status. My 485 case reopend but not dependents cases.
 
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