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I-140 cases at AAO
- Thread starter Ziri
- Start date
Hi Ziri,
Did you get any response yet on your appeal. How long does it take for the BCIS to revert back to you. What happens if this appeal is denied? Is there any further steps one can take? Is the EAD card valid or renewable if the I-140 was denied and an appeal is already filed.
Is there any connection between the EAD card and I-140 denial or is the EAD card based only on I-485?
I am planning to appeal before the end of this month and my EAD is also expiring end of this month. Any advice, that what should be done to renew the EAD.
Did you get any response yet on your appeal. How long does it take for the BCIS to revert back to you. What happens if this appeal is denied? Is there any further steps one can take? Is the EAD card valid or renewable if the I-140 was denied and an appeal is already filed.
Is there any connection between the EAD card and I-140 denial or is the EAD card based only on I-485?
I am planning to appeal before the end of this month and my EAD is also expiring end of this month. Any advice, that what should be done to renew the EAD.
My case went to AAO in July first week.
Reason for denial, mainly H1B Violation in the company. And also the Officer felt that this job offer is not valid one. One thing is sure, if any Officer wants to deny a case, she or he can find 'n' number of reasons. (The fun thing is still other people are getting I-140 approval from the same company)
Back to Dhamaka's Questions:
1. Did you get any response yet on your appeal.
I don't think Ziri might have received any thing. It is only 3.5 months. Nothing will happen in 3.5 months normally.
2.How long does it take for the BCIS to revert back to you?
Depending upon the EB catogery. If EB2, then according to www.immigration.com, the response time will be around 6 months.(which is very rare)
3.What happens if this appeal is denied?
The case is closed. Nothing we can do.
4. Is there any further steps one can take?
Nothing we can do. May be refile I-140 with same approved labor, with proper documents to overcome the earlier denial.
5. Is the EAD card valid or renewable if the I-140 was denied and an appeal is already filed?
EAD has got nothing to do with I-140. It is filed with I-485. But when the service center deny I-140, normally they deny the I-485 and all the related petitions. So EAD is not valid, because underlying I-485 is not valid.
These are my opinion.
Nanshi.
Reason for denial, mainly H1B Violation in the company. And also the Officer felt that this job offer is not valid one. One thing is sure, if any Officer wants to deny a case, she or he can find 'n' number of reasons. (The fun thing is still other people are getting I-140 approval from the same company)
Back to Dhamaka's Questions:
1. Did you get any response yet on your appeal.
I don't think Ziri might have received any thing. It is only 3.5 months. Nothing will happen in 3.5 months normally.
2.How long does it take for the BCIS to revert back to you?
Depending upon the EB catogery. If EB2, then according to www.immigration.com, the response time will be around 6 months.(which is very rare)
3.What happens if this appeal is denied?
The case is closed. Nothing we can do.
4. Is there any further steps one can take?
Nothing we can do. May be refile I-140 with same approved labor, with proper documents to overcome the earlier denial.
5. Is the EAD card valid or renewable if the I-140 was denied and an appeal is already filed?
EAD has got nothing to do with I-140. It is filed with I-485. But when the service center deny I-140, normally they deny the I-485 and all the related petitions. So EAD is not valid, because underlying I-485 is not valid.
These are my opinion.
Nanshi.
hi dhamaka
EAD is determined by 1-485 not 1-140. if your 1-485 was denied then ead is invalid. and about the status it depends on your current status you are not protected by your application being at AAO . Then finally about LCA, this is forever and you can you it to re-apply again if you have a duplicate but your company can also use it with another person as a substitute labor cert.
EAD is determined by 1-485 not 1-140. if your 1-485 was denied then ead is invalid. and about the status it depends on your current status you are not protected by your application being at AAO . Then finally about LCA, this is forever and you can you it to re-apply again if you have a duplicate but your company can also use it with another person as a substitute labor cert.
Dhamaka & Naanshi
My I-140 appeal was sent to AOO on 04/24/03 and the status check has today changed to " On April 29, 2003 your I-140 Immigrant petition for alien work was received here for processing it is taking between 30 and 60 days for us to process this kind of case we will mail you a decision as soon as processing is complete" What does this mean I filed my I-140 on 04/12/02 but they don't mention anything about appeal
My I-140 appeal was sent to AOO on 04/24/03 and the status check has today changed to " On April 29, 2003 your I-140 Immigrant petition for alien work was received here for processing it is taking between 30 and 60 days for us to process this kind of case we will mail you a decision as soon as processing is complete" What does this mean I filed my I-140 on 04/12/02 but they don't mention anything about appeal
Hi Tammy2,
I am sorry. I did not come to this thread for some time.
USCIS found out that the number of H1Bs filed in Six years in my sponsor company are greater than the number of people in the payroll. So they think that the employer committed H1B Violation. I strongly feel the main reason is that I contacted Senator and complained about this particular officer's slow processing. So the officer showed her power by denying my case with all the stupid reasons. The moral here is "they won't work. If you complain, your case will be denied. We cannot do any thing because we are aliens." I am not a stupid to wait for the Appeal result. I know, they will say the denial was correct, the Officer did a Great job. But nobody can answer my following question.
"If there are H1B violations and ........ (all the stupid reasons) then how come other people who are less qualified than me are still getting approval from same employer??????????? "
Hi Ziri,
I don't normally believe this Online messages. They are exactly same as USCIS. Non reliable and non functioning. My online case was also changed from "denied" to "pending" then It changed to "Sent to AAO".
Did you check the online status of your I-290B Appeal? In your case, it looks like AAO has overturned your denial and service center has started processing your case. That means your case will be approved soon. This is my guessing, which is logical from the online status change. But we are dealing with USCIS. Anything may happen. Keep us informed.
All the best.
Naanshi.
( FYI: I have filed I-140/I-485 using substitute labor in through new sponsor in different service center and got my EAD, AP last week)
I am sorry. I did not come to this thread for some time.
USCIS found out that the number of H1Bs filed in Six years in my sponsor company are greater than the number of people in the payroll. So they think that the employer committed H1B Violation. I strongly feel the main reason is that I contacted Senator and complained about this particular officer's slow processing. So the officer showed her power by denying my case with all the stupid reasons. The moral here is "they won't work. If you complain, your case will be denied. We cannot do any thing because we are aliens." I am not a stupid to wait for the Appeal result. I know, they will say the denial was correct, the Officer did a Great job. But nobody can answer my following question.
"If there are H1B violations and ........ (all the stupid reasons) then how come other people who are less qualified than me are still getting approval from same employer??????????? "
Hi Ziri,
I don't normally believe this Online messages. They are exactly same as USCIS. Non reliable and non functioning. My online case was also changed from "denied" to "pending" then It changed to "Sent to AAO".
Did you check the online status of your I-290B Appeal? In your case, it looks like AAO has overturned your denial and service center has started processing your case. That means your case will be approved soon. This is my guessing, which is logical from the online status change. But we are dealing with USCIS. Anything may happen. Keep us informed.
All the best.
Naanshi.
( FYI: I have filed I-140/I-485 using substitute labor in through new sponsor in different service center and got my EAD, AP last week)
Last edited by a moderator:
Sivaa & Naashi
My Boss received a reply from AOO yesterday,My appeal was sustained and this is what AOO said:
The director at Vermont center determined that the evidence submitted did not establish that the petitioner had the ability to pay the proffered wage and denied the petition accordingly.
On appeal, counsel submits a copy of the beneficiary's IRS form W-2 which shows he was paid $26,622.00 in 2001.
The petitioner's schedule C for calender year 2001 shows a net profit of $24,194. The petitioner could pay the difference of $9,989.00 between the salary paid of $26,622.00 and the proffered wage of $36,608.00
Accordingly, after a review of the evidence submitted, it is concluded that the petitioner has established that it had sufficient available funds to pay the salary offered as of the priority date of the petition.
The burden of proof in these proceedings rests soley with the petitioner. The petitioner has met that burden.
ORDER: The appeal is sustained
My Boss received a reply from AOO yesterday,My appeal was sustained and this is what AOO said:
The director at Vermont center determined that the evidence submitted did not establish that the petitioner had the ability to pay the proffered wage and denied the petition accordingly.
On appeal, counsel submits a copy of the beneficiary's IRS form W-2 which shows he was paid $26,622.00 in 2001.
The petitioner's schedule C for calender year 2001 shows a net profit of $24,194. The petitioner could pay the difference of $9,989.00 between the salary paid of $26,622.00 and the proffered wage of $36,608.00
Accordingly, after a review of the evidence submitted, it is concluded that the petitioner has established that it had sufficient available funds to pay the salary offered as of the priority date of the petition.
The burden of proof in these proceedings rests soley with the petitioner. The petitioner has met that burden.
ORDER: The appeal is sustained
What does "Sustain" mean ?
Sivaa,
When they say the appeal was "Sustained" it means that the AAO agrees with the claim you have made in your appeal. If they say it was "Dismissed" or "Denied" it means they do not agree with you and your argument, and you have lost your appeal. Usually the case is remanded back to the INS for re-consideration of thier decision when your appeal has been sustained by the AAO. Hope this helps.
MNP
Sivaa,
When they say the appeal was "Sustained" it means that the AAO agrees with the claim you have made in your appeal. If they say it was "Dismissed" or "Denied" it means they do not agree with you and your argument, and you have lost your appeal. Usually the case is remanded back to the INS for re-consideration of thier decision when your appeal has been sustained by the AAO. Hope this helps.
MNP