I-140 cases at AAO

140 denial & filed I290B

guys,

Please advice, I have a strange and confusing situation. Any information will be greatly appreciated. The scenario is this:

My 6 yrs H1 ended in May 03 but have a Visa/I-94 stamped till Jan 15 '04 on a older H1.

I concurrently filed for my 140 and 485 in april '03. (Labor substitution case with the labor approval received in 2001 - future employment)

I was hoping to get my EAD but I got an RFE in july on I-140 and hence I did not get the EAD or travel Documents.

The RFE was regarding the company financials. The reply for the RFE was sent in september .

I got the I-140 denial notice in november 1st week. My 485 was also denied. The reason stated was the companys ability to pay the wages listed on the Labor in 2001 (the company showed a loss in 2001).

My employer filed an appeal with the form I-290B showing that the company is doing really good now and showed profits in 2002 and 2003, in last week on november. My case status online shows that they have received the appeal and it will take 30-180 days for a decision.


Now my questions are:

1) Can I stay in the country after jan 15th (when my I-94 expires)
as my 140 is still in an appeal stage.

2) What happens if I stay back and the appeal is denied? Will I have a problem leaving the country with an expired I-94?

3) Is it advisable to stay here till the outcome of the appeal is known or leave the country?

4)What happens if I leave the country and then I get an approval? ( I know consular processing is a possibility, but in case like mine I heard its a nightmare).

5) Can I leave the country now and come back after a year on new H1 and then use the approved 140(if approved)?

thank you
 
My case was received back from AAO on December, 1st and the appeal was sustained. Up to now I haven't had from them, does the file go back to the same officer who did not want to approve it anyway. This is too much for me cos I have been checking online status 5 times a day. Do I have to wait another year or what? Have been waiting for I-140 approval since Feb 2002. My medical expired and the damn doctor charged me $200 again.
 
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Ziri, my attorney tells me that the appeals will go to the same adjudicating officer who made a decision in your case.
 
TO Ziri

FYI Ziri,
You do not need to take medicals again. The medicals DO NOT EXPIRE after 1 year. They are valid until the 485 is approved.

This new rule was implemented a year ago and it is expiring in Jan 2004. Now they extended it by another year until 2005. Check with your lawyer.

See this

As part of I-485 filing, the applicants are required to file a sealed immigration-designated civil surgeons' medical exam report to the USCIS. The medical report is supposed to be valid only for 12 months. However, as affected by the delays in adjudication of I-485, the former INS adopted a policy to extend the validity indefinitely until I-485 was adjudicated. It was released in the form of Memorandum. The Memorandum expired this month. Considering the continuing backlog of I-485 adjudications, the U.S. CIS has issued another memorandum to extend the policy for another year and until January 1, 2005, according to the AILA. Accordingly, those who have filed I-485 more than 12 months back do not have to worry about taking another medical exam and filing a new report at least until January 1, 2005.
 
Sivaa

My case is different INS never accepted my I-485. When I applied for I-140 in feb 2002 I received rfe in two months when we responded we never had from them till December. In December 2002 my lawyer decided we file concurrent and we sent the I-1485 package but in two weeks they denied my I-140 and sent the denial plus the I-485 package in the same envelop back to my lawyer without even indicating that they had received my I-485. That is why am not confortable with the officer handling my case.
 
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Confused

INS acknowleaged receiving back my appeal from AAO on 12/01/03 and they stated that if further action is appropriate, they will notify me when it is taken. I have not heard from them since, does this mean NO action was appropriate. I need my approved I-140 to file for I-485. Has anybody ever gone through this
 
Hi Ziri,

AAO has instructed the Service Center to approve your case. Your case will be approved by same "GREAT" officer, who denied it. He or She might be intentionally delaying your approval, because AAO found out that their decision is wrong. But remember one thing. They can only delay. They cannot deny it because their higher authority AAO instruct them to approve it. So don't worry. You may have to wait a little bit more time.

You should be happy. Your Service Center took just two weeks to sent to Washington. At least the officer who handled your case is somewhat O.k. My appeal was sent to Service Center in January 2003 and the particular officer took 7 months to send it to Washington. ( I heard a lot about this lady through this website, before filing my I-140. I did not believe those. But now I know how bad this officer is. I still don't know why she is delaying the processing for years, denying a lot of cases and STILL how she is keeping her job). Now it is going to be seven more months and nothing happened.


You may get your approval any time now.


naanshi.
 
Naashi

Thanks am just disapointed with INS my lawyer told me he can't do anything without I-140 approval. Is it ok if I call maybe someone will have some sense.
 
Ziri,

Remands and sustained decisions:

If it has been more than 60 days since the AAO notified you in writing that it remanded (sent your case back) to the service center or sustained the decision (decision in your favor) and you have not received a response from the service center, you can call the national customer service at 18003755283 for case status referal

(According to USCIS website)
 
I guess the Officer will approve his case just before the 60 days mark. That is around end of January 2004.

naanshi.
 
Guys I still need your help

I need to quit my job as soon as possible. I have worked like a slave for the past 4yrs. My boss is a drug addict and I don't feel safe anymore. He doesn't know anything about the whole process as I control all incoming mail I have all the labor certications and the AAO decision with me I only showed him the denial letter, all he knows that my case was denied . Right now he can do anything I tell him to do. I told him am starting afresh and it will take 5yrs . He knows that if I get my papers I will leave him. So my question is what do I need from him before I qiut. Will they need pay stubs at the time of interview? please advise. Thanks
 
lcauser

Is it 60 days from the time AAO notified you or from the time the service center acknowleges reception of the decision from AAO.
 
I have the same problem. My I-140 was denied and we filed a motion to re-open but BICS trandfered the case to AAO for review in February 2003 (EB3).

The question is: can I file for AOS when the appeal based on I-140 is pending? If so with whom BCIS or AAO?

I have not hurt anything from AAO for 12 months although the processing time is only 10 months. When I called the national center I was told that they did not know how long it is going to take.

Can I file for AOS & EAD with AAO when the appeal based on I-140 is pending?
 
I have the same problem. My I-140 was denied and we filed a motion to re-open but BCIS transferred the case to AAO for review in February 2003 (EB3).

The question is: can I file for AOS when the appeal based on I-140 is pending? If so with whom BCIS or AAO?

I have not heart anything from AAO for 12 months although the processing time is only 10 months. When I called the national center I was told that they did not know how long it was going to take.

Can I file for AOS & EAD with AAO when the appeal based on I-140 is pending?
 
moniaandrzej, I don't think you can file the I-485 when the I-140 is denied or if its pending with AAO.
 
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