i-140 denial without RFE?

[genuine]

Is it possible that I-140 is rejected without RFE? I need to use AP on emergency travel, but I am terribly worried about what would happen if the underlying I-140 (and I-485) were denied while I am abroad. Many thanks in advance.

 

[Devotee]

plss consult with attorney regarding "what if you are abroad and didnot know of denial"..'cos i guess AP is based on a pending 485 application. it is risky unless you have some back up visa like h1 for re-entry.best wishes

 

[tony403]

Is it possible that I-140 is rejected without RFE? I need to use AP on emergency travel, but I am terribly worried about what would happen if the underlying I-140 (and I-485) were denied while I am abroad. Many thanks in advance.

Tread carefully. I read on Sheila Murthy's website that because of the recent progress made in adjucating EB-485 petitions, many people were caught off-guard when they had travelled without AP. As I uinderstand it, the director of the service center posts a "notice of intent to deny" first. I do not know if this is the actual denial, or whether a second formal notice follows.

It is possible to deny I-140's without RFE, and USCIS might be moving more to a policy like that to expedite cases and get rid of their backlog.

It might be best to talk with a lawyer....

 

[Flying123]

I am just wondering ---- if during RFE period, is it safe to use AP to travel?

My naive guess is that ---- it will be 100% safe, since there will be no denial if you have not replied RFE yet (of course before the RFE deadline)

Is there any policy that one can not use AP during RFE? or my guess is wrong?

 

[Sydney]

I spoke with my lawyer today and she indicated that they are definitely seeing EB1 denials without any RFEs lately. They have received in the neighbourhood of 20 such denials over the past two months. At least at VSC, they seem to be getting stricter about the EB1 criteria.

EB1A Sep '02

 

[Joo77]

Surely there is denial without RFE. In my NIW case, there was no RFE before the denial. my 485 was denial on the SAME day!
Acturally, I got my 485 denial notice days before the 140 notice, may due to mailing.

 

[pabcbc]

straight denials

sbdy I know got straight denial EB1-EA VSC and the story is that in order to reach the backlog reduction goals, INS or whatever they are called this week are not wasting time with RFEs, they just deny - so it is up to you to appeal if you feel like it.

 

[ny915w]

how can you deal it with I-140 or I -485 denied?

Are you holding H-1B now? I am wondering how you keep your staus legal with your I-140 /I-485 denied? Could you share your qualification when you apply NIW? Why did they deny your NIW? Did they give you any reason for the deny?
Anyone knows this situation? I am in H-1B now and want to apply NIW. But just afraid if I-140/I-485 denied without PFE, what should I do without forcing to leave US?
Thanks

Surely there is denial without RFE. In my NIW case, there was no RFE before the denial. my 485 was denial on the SAME day!
Acturally, I got my 485 denial notice days before the 140 notice, may due to mailing.

 

[tony403]

Are you holding H-1B now? I am wondering how you keep your staus legal with your I-140 /I-485 denied? Could you share your qualification when you apply NIW? Why did they deny your NIW? Did they give you any reason for the deny?
Anyone knows this situation? I am in H-1B now and want to apply NIW. But just afraid if I-140/I-485 denied without PFE, what should I do without forcing to leave US?
Thanks

Stay on H1-B while your green card stuff gets sorted out. This way, you will have legal status regardless of what happens to your PR petitions. If the petition gets approved, you will lose H1B status, bu then you can do whatever you want in the US. Since adjucations are more erractic than ever, make sure that you get advanced parole, so if you are out of the country when your I-485 is approved, you can get back in. I don't quite get why you need this when you are officially a permanent resident, but that is the way that USCIS works.