It was indeed a Good Friday. Another battle won!
My sincere thanks to UN, who helped me in my 140 approval,
after all my applications (140,485,485 for my wife) has been denied (Ability to pay).
This is the story
My 140 and 485's were filed concurrently in July 7 2003 (EB3).
I didn't see any changes in my case until I got my finger printing in Sep 1 2004.
On Dec 2 2004 my status in 140 read " The last notice sent was returned as undeliverable, please update the address.....)
My 6-year stay was about to end by Feb 9th 2005. And we applied for 7th year extension
by premium processing.
I called my employer to change the company address but they didn't care.
By Dec 15th I called the USCIS to update the employers new address.
In the mean time I got 485 denial notices for myself and my wife stating since 140 has been denied, 485 applications are denied as well.
Finally my employer received the 140 denial and H1B denial notices on Dec 21 stating that we can appeal the case by Dec 25.
I got only three days to appeal and I couldn't find any immigration lawyer.
(My company applied the 140 themselves without the attorney in the first place. That’s a different story)
I found one lawyer to take my case. We sent the 290B notice of appeal for 140
stating we will send the further evidence in 30 days.
Here comes UN to play..
I called UN and told the whole situation and I want him to do the write up for me.
He gladly accepted and again it was really big pain to get all the documents from
my employer (it took 20 days to get the documents).
My priority date for labor is Nov 27 2001. 140 was denied stating that my employer
doesn't have the ability to pay in the year 2001 ($9000 was his profit according to his tax filing).
UN said based on receivables we could show more income but my employer never kept track of any bills or document to prove that.
Based on prorate calculations UN documented a foolproof explanation with lots of quotes " Yates memo " and previous approvals based on prorate calculations.
But still UN wanted to include some evidence for the cash receivable for the year 2001 which my company received on 2002.
My H1B got approved on Jan 11 2005 based on 140 appeal and I was little bit relieved.
My lawyer told that she is going to file the evidence on Jan 20th no matter whether she receives the cash receivable evidence or not.
Until Jan 20th 5pm my employer haven't sent any evidence. My lawyer called me and said she has sent the documents to INS. Within a minute my employer called me and said he has just faxed the evidence to my lawyer.
I was trying to contact my lawyer but they are gone for the day.
Another sleepless night thinking that all our efforts is going to be in vain.
I called my lawyer next day and she told me she got the evidence and she is sending the final draft from UN with all the evidence.
UN told me my case would be approved 100% without a doubt.
March 17th I called USCIS to make a case enquiry on 290B. They said I would come to know in 2 to 3 weeks of time.
March 24th there was a status change in my 140 " Your case was reopened by BCIS motion and it is taking between 90 and 485 days.....")
I called UN and asking what is time frame for approval after reopening the case, he was confident and predicted my case will be approved in one or two days.
He is a prodigy!
He called me this morning and told me my case was approved!
I checked my email, Bingo! there it is...the magic emails...
I hope to get my approvals on 485 very soon too..
I want to thank UN for all his help and his good attitude
to help people in this forum.
I personally feel that I am gifted to know UN.
I want to thank all the members who participate in this forum and sharing their experiences of green card process.
My sincere thanks to UN, who helped me in my 140 approval,
after all my applications (140,485,485 for my wife) has been denied (Ability to pay).
This is the story
My 140 and 485's were filed concurrently in July 7 2003 (EB3).
I didn't see any changes in my case until I got my finger printing in Sep 1 2004.
On Dec 2 2004 my status in 140 read " The last notice sent was returned as undeliverable, please update the address.....)
My 6-year stay was about to end by Feb 9th 2005. And we applied for 7th year extension
by premium processing.
I called my employer to change the company address but they didn't care.
By Dec 15th I called the USCIS to update the employers new address.
In the mean time I got 485 denial notices for myself and my wife stating since 140 has been denied, 485 applications are denied as well.
Finally my employer received the 140 denial and H1B denial notices on Dec 21 stating that we can appeal the case by Dec 25.
I got only three days to appeal and I couldn't find any immigration lawyer.
(My company applied the 140 themselves without the attorney in the first place. That’s a different story)
I found one lawyer to take my case. We sent the 290B notice of appeal for 140
stating we will send the further evidence in 30 days.
Here comes UN to play..
I called UN and told the whole situation and I want him to do the write up for me.
He gladly accepted and again it was really big pain to get all the documents from
my employer (it took 20 days to get the documents).
My priority date for labor is Nov 27 2001. 140 was denied stating that my employer
doesn't have the ability to pay in the year 2001 ($9000 was his profit according to his tax filing).
UN said based on receivables we could show more income but my employer never kept track of any bills or document to prove that.
Based on prorate calculations UN documented a foolproof explanation with lots of quotes " Yates memo " and previous approvals based on prorate calculations.
But still UN wanted to include some evidence for the cash receivable for the year 2001 which my company received on 2002.
My H1B got approved on Jan 11 2005 based on 140 appeal and I was little bit relieved.
My lawyer told that she is going to file the evidence on Jan 20th no matter whether she receives the cash receivable evidence or not.
Until Jan 20th 5pm my employer haven't sent any evidence. My lawyer called me and said she has sent the documents to INS. Within a minute my employer called me and said he has just faxed the evidence to my lawyer.
I was trying to contact my lawyer but they are gone for the day.
Another sleepless night thinking that all our efforts is going to be in vain.
I called my lawyer next day and she told me she got the evidence and she is sending the final draft from UN with all the evidence.
UN told me my case would be approved 100% without a doubt.
March 17th I called USCIS to make a case enquiry on 290B. They said I would come to know in 2 to 3 weeks of time.
March 24th there was a status change in my 140 " Your case was reopened by BCIS motion and it is taking between 90 and 485 days.....")
I called UN and asking what is time frame for approval after reopening the case, he was confident and predicted my case will be approved in one or two days.
He is a prodigy!
He called me this morning and told me my case was approved!
I checked my email, Bingo! there it is...the magic emails...
I hope to get my approvals on 485 very soon too..
I want to thank UN for all his help and his good attitude
to help people in this forum.
I personally feel that I am gifted to know UN.
I want to thank all the members who participate in this forum and sharing their experiences of green card process.
