Hello forum-bers,
I have learnt a lot from this forum, so I am obliged to share my very interesting experience so that someone is a similar situation may know what to do. All filings were done using a very competent law firm. Here's my story:
- Filed concurently Feb 2003 @ Vermont.
- Received EAD, Advanced Parole and all others 03/2003
- 01/2004 received RFE on Company's tax returns and my W2,
- RFE request sent 02/2004
- 03/2004, I-140 was denied, I-485 was also denied, EAD that was due for renewal 04/2004 was also denied, Case officer came to the conclusion that my company coulld not pay my wages.
- On receipt of denial notices, my solicitor and I analysed the reasons for denial, we found out that the case officer wrongly adjudicated my case because W2 was wrongly interpreted and company tax returns were also wrongly interpreted.
- a robust refutal based on solid evidence was put together by my lawyer backed up with bucket loads of documents including co. financial statements, paystubs for the last 2 years, W2 for the past 3 years, CEO and CFO letters stating that the Co. is sound with CPA report and other confidential documents to show that they are wrong. This was shipped to INS. We were informed that appeals could take up to 1 yr to be reviewed.
- I also contacted my Senator as well as Congressmen in my employer's district as well as my residential district, a copy of my lawyers letter was sent to them , to request they ask the INS to review my case speedily as their inital adjudication was wrong. The Senator and Congressmen wrote to the INS askign for a review.
- on 05/2004, I-140 was approved, a week later I-485 was approved.
- Got my passport stamped on receipt of approval notice.
- Another tip, I was able to keep working after EAD was out, because of AC21
I hope this info will be useful for someone. I have learnt that things are not always the way they seem. With the INS you must be ready for the unexpected, they are not perfect, but the burden of proof is on the applicant which makes things difficult.
Good luck to you guys out there.
I have learnt a lot from this forum, so I am obliged to share my very interesting experience so that someone is a similar situation may know what to do. All filings were done using a very competent law firm. Here's my story:
- Filed concurently Feb 2003 @ Vermont.
- Received EAD, Advanced Parole and all others 03/2003
- 01/2004 received RFE on Company's tax returns and my W2,
- RFE request sent 02/2004
- 03/2004, I-140 was denied, I-485 was also denied, EAD that was due for renewal 04/2004 was also denied, Case officer came to the conclusion that my company coulld not pay my wages.
- On receipt of denial notices, my solicitor and I analysed the reasons for denial, we found out that the case officer wrongly adjudicated my case because W2 was wrongly interpreted and company tax returns were also wrongly interpreted.
- a robust refutal based on solid evidence was put together by my lawyer backed up with bucket loads of documents including co. financial statements, paystubs for the last 2 years, W2 for the past 3 years, CEO and CFO letters stating that the Co. is sound with CPA report and other confidential documents to show that they are wrong. This was shipped to INS. We were informed that appeals could take up to 1 yr to be reviewed.
- I also contacted my Senator as well as Congressmen in my employer's district as well as my residential district, a copy of my lawyers letter was sent to them , to request they ask the INS to review my case speedily as their inital adjudication was wrong. The Senator and Congressmen wrote to the INS askign for a review.
- on 05/2004, I-140 was approved, a week later I-485 was approved.
- Got my passport stamped on receipt of approval notice.
- Another tip, I was able to keep working after EAD was out, because of AC21
I hope this info will be useful for someone. I have learnt that things are not always the way they seem. With the INS you must be ready for the unexpected, they are not perfect, but the burden of proof is on the applicant which makes things difficult.
Good luck to you guys out there.
