i 140 affects i 485

R

rajus

Registered Users (C)
Long back in 2004 my I 140 was denied for fraudulent filing.

My new company filed for geniune/authentic I140 in 2007 and it is approved ,
will the old I 140(fraudulent one) affect my I 485 application.
My I 485 is still not approved until today.

Please let me know.

regards
raj
 
rajus said:
Long back in 2004 my I 140 was denied for fraudulent filing.

My new company filed for geniune/authentic I140 in 2007 and it is approved ,
will the old I 140(fraudulent one) affect my I 485 application.
---------they can pull the past I-140 any time and they have record of your all filings with them. depends what was fraudulent with past I-140. talk to your lawyer.
My I 485 is still not approved until today.

Please let me know.

regards
raj
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rajus said:
Long back in 2004 my I 140 was denied for fraudulent filing.

My new company filed for geniune/authentic I140 in 2007 and it is approved ,
will the old I 140(fraudulent one) affect my I 485 application.
My I 485 is still not approved until today.

Please let me know.

regards
raj
Click to expand...

Depending on the type of fraud. If some thing unique to your old application e.g labor issue, wages, ...etc, mostly will not affect the current I-485. But if some thing related to you e.g immigration violation, working without permit beside many others, mostly will affect. You are the one who know if this will affect your current I-485 or not. For new I-140, the situation is completely different, if you eligible for I-140 (employment, family ....) this will be approved in most cases despite the history of fraud. You can not make an argue based on your recent I-140 approval and consequently the I-485 should be approved. Both are completely separate issues and approval criteria are different.
 
They are separate issues because I-140 is an employer petition, i.e., it is filed by the company on its behalf and it is company's property. The alien is just a beneficiary. They are not even obligated to share the copy of I-140 approval notice with the beneficiary.

If the fraud related denial was because of what you have mentioned, your I-485 will most likely be rejected. You will also be able to get I-140 approval from any # of companies. The story is completely different when you "use" the approved I-140 in order to file for permanent residence.
 
USCIS can find out any LC/I-140 filed for you in past. I know a case LC for person was filed in 2001 and some info/document filed or written on LC was wrong. The person never used that LC and that LC was never approved.

Later in 2003 new employers A filed LC for him that got approved and later filed I-140 that also got approved and then filed I-485 that got approved and person got GC

He also filed LC through B in 2004 that got approved and later filed I-140, when the officer looked at his pending I-140 that was to be approved, the officer discovered that he got GC and pulled his all the history and his second I-140 was denied and got letter that officer knows the he got GC and officer also attached the copy of his LC that was filed in 2001 and pointed to the wrong info on the LC. USCIS denied the pending I-140 and his case is being investigated. USCIS can also Send Notice of Intent to Rescind (NOIR) on an approved permanent residence.
 
plz advise

what if i apply as spouse on my wife'si 485.Still will it affect.

At that time there was this internet website,i took the documents from them and applied basically it was a internet scam.

So everytime i apply for my greencard it is affecting me,what should i do?
 
rajus said:
what if i apply as spouse on my wife'si 485.Still will it affect.

At that time there was this internet website,i took the documents from them and applied basically it was a internet scam.

So everytime i apply for my greencard it is affecting me,what should i do?
Click to expand...

If a person commit a fraud from his/her side, any application from that person (principal, dependent, employment based, family based or whatever) will be investigated and linked to that fraud and there is high possibility that his application from any source will be denied. The GC is a very selective process and it is unlogic from the USCIS to issue GC for one who had history of fraud in the time where millions, with clean history, waiting for GC.
 
I-485 Case CLOSED without Approval or Denial?

140 Applied – 11/04/2003 (Priority Date 12/02/2002)
485 Applied – 11/04/2003
140 Approved – 04/20/2004
4 Years on EAD
Changed the JOB
NameCheck cleared on March 2005
File sent to Local Office – May 2007
2nd Finger Print Completed – March 2008
Interview Completed – June 12th 2008

During my Interview office said, I have to wait for 2 more months for a decision, yesterday I went local office again to get the more info. They said, my file CLOSED in Vermont and they don’t know the reason and they requested the Vermont office to send the file to Review it.

Is any one know what is the meaning of file CLOSED? Is that Denied? Or Approved?

Please help…
 
ramforgc said:
I-485 Case CLOSED without Approval or Denial?

140 Applied – 11/04/2003 (Priority Date 12/02/2002)
485 Applied – 11/04/2003
140 Approved – 04/20/2004
4 Years on EAD
Changed the JOB
NameCheck cleared on March 2005
File sent to Local Office – May 2007
2nd Finger Print Completed – March 2008
Interview Completed – June 12th 2008

During my Interview office said, I have to wait for 2 more months for a decision, yesterday I went local office again to get the more info. They said, my file CLOSED in Vermont and they don’t know the reason and they requested the Vermont office to send the file to Review it.

Is any one know what is the meaning of file CLOSED? Is that Denied? Or Approved?

Please help…
Click to expand...

It seems to me that Vermont transferred your file for Interview to local office and local office conducted your interview and officer could not make a decision OR made a decision and sent the file back to Vermont service center. Service center send many files to local office for Interview.
At local office did the officer took your Index Fingerprint on WHITE form and asked you to Sign the form??
 
I got my fingerprint 2 weeks before Interview, during the interview officer just took my EMP letter, PayStubs etc. And no stamp on Passport. He said, they will take decission with in 2 months.

I am sure what is hte meaning of Closed?

Thanks
 
ramforgc said:
I got my fingerprint 2 weeks before Interview, during the interview officer just took my EMP letter, PayStubs etc. And no stamp on Passport. He said, they will take decission with in 2 months.

I am sure what is hte meaning of Closed?

Thanks
Click to expand...

"He said, they will take decission with in 2 months"


Wait few days. After Interview they don’t send single file back to Service center. They send full box of files back to Service center and then Box is received at Service center and then they take time to open the box and then the files are sorted and then file goes to officer to make a decision. File closed from Local office means that they have done what was asked on rap sheet by Service center and now service center will make a decision
 
Thanka lot for your replay.

But my file Closed in Vermont Service Center and the Local office requested to send the file back to Hartford office to review. You answers gave me some boost, i will wait for a Local Office call.

Thanks...
 
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