I140 appeal finally approved.

E

ecuellaro

Registered Users (C)
Got a message from my lawyer saying that the I140 appeal was reopened and approved!

I have pending two cases one for Advance parole and another for EAD. Both were filed before the I140/I485 were denied. What will happend with them? Should the BCIS reopen both now that my I140 was approved?

Thanks.

ecuellaro
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004
 
Congratulations!!!

ecuellaro said:
Got a message from my lawyer saying that the I140 appeal was reopened and approved!

I have pending two cases one for Advance parole and another for EAD. Both were filed before the I140/I485 were denied. What will happend with them? Should the BCIS reopen both now that my I140 was approved?

Thanks.

ecuellaro
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004
Click to expand...



Congratulations ecuellaro!!!

I remember once you told.. we both are on same boat. My I140 was denied and we opened MTR (MOTIC)case on 6/22/04 which never updated after that. little hopes...
 
Congrats ecuellaro

Congrats Man. You have won the long battle since May 03.

Hope that UR 485 will come soon.
 
did your online message changed??/

ecuellaro said:
Got a message from my lawyer saying that the I140 appeal was reopened and approved!

I have pending two cases one for Advance parole and another for EAD. Both were filed before the I140/I485 were denied. What will happend with them? Should the BCIS reopen both now that my I140 was approved?

Thanks.

ecuellaro
I140 and I485 filled concurrently at NSC
RD 09/02/2004
RFE 04/nn/2004 (Ability to pay)
Denied 05/30/2004
FP 05/28/2004 (Lawyer advice me not to go since I140/I485 were denied)
I290B filed on 06/25/2004
LUD 06/30/2004
Click to expand...


ecuellaro,

did your online message changed now?? I am wondering whether I need to followup with attorney to do a case referral?
 
No... my message has not changed. I only got the confirmation by email from my attorney, he received the official notice.
 
ecuellaro
Congratulations. I hope everyone who is applealing right now got the hope of their life with your approval.
You're the man of the day.
 
Congratulations! My lawyer also submitted the I-290B on June 11, 04. Could you you please make some comments based on the status of my cases,

I have submitted my GC application concurrently last year. I have been fingerprinted on May, 04. My I-140 is denied on the basis of not having permanent position on June, 04, although my employer has stated in the emploment letter that my position is permanent and funded by Gov Grants. I have submitted my appeal with a new employment letter. Waiting for ~4months.

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on June 11, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

I don't understand, what does it means.

Thanks
 
Hello Sarbotutu

That is the exact same message I got when my I290B was filed. I suggest you to check online at the UCIS the status of your I140 and I485 as well... maybe the LUD (last updated date) has been changing lately and you skipped it.

I know that this is hard but be patient. If your case were about to be sent to the AAO it should have happened between 2 months of your filing. The fact that your case is still at the service center is good news.... probably your approval will be soon... do not loose the hope.
 
Thanks a lot ecuellaro. If that is the case then I will be happy. My lawyer told that it takes a while.

With best regards,

Sarbotutu
 
I 140 Process

Please help me out. Something wrong here.

I got a notification from INS saying My I 140 got denied on JUN 24th 2004, applied motion to reopen.

This is what I see online for I 140:
This case has been approved. On July 28, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

Once my I 140 got approved, all the cases should be reopen right even my dependent( my wife)?

This is what I see Motion to reopen

Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER

Current Status:

On July 28, 2004, this case was reopened on a BCIS motion, and the case is now in process. 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.

Since my wife works on EAD, which expires on 30th of this month, I applied to renew her EAD on july 27th 2004.

Now i got letter from INS, her EAD got rejected, stating lawful permanent resident was denied on june 24ht 2004 and therefore is no longer pending before this service.

Please help me out what is the issue here. My I40 got approved once i filed MTR and my and wife I 485 should be reopend( never said that my 485 deneid or my wife 485 denied)

Your suggestion will help me a lot.
 
Last edited by a moderator:
Documents

hi: ecuellaro

You have mentioned I-140 being denied after getting RFE.

Can you please advise on what documnets you submitted for Ability to Pay RFE.

Just a Tax Return will suffice? My company is a loss making company with < 60 employess, what all shouls I send. :confused:

Thanks
 
Mandavae said:
Please help me out. Something wrong here.

I got a notification from INS saying My I 140 got denied on JUN 24th 2004, applied motion to reopen.

This is what I see online for I 140:
This case has been approved. On July 28, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

Once my I 140 got approved, all the cases should be reopen right even my dependent( my wife)?

This is what I see Motion to reopen

Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER

Current Status:

On July 28, 2004, this case was reopened on a BCIS motion, and the case is now in process. 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.

Since my wife works on EAD, which expires on 30th of this month, I applied to renew her EAD on july 27th 2004.

Now i got letter from INS, her EAD got rejected, stating lawful permanent resident was denied on june 24ht 2004 and therefore is no longer pending before this service.

Please help me out what is the issue here. My I40 got approved once i filed MTR and my and wife I 485 should be reopend( never said that my 485 deneid or my wife 485 denied)

Your suggestion will help me a lot.
Click to expand...


Mandavae,

we are on the same boat. almost same. my 140 got rejected in May, I got notice in June. then my lawyar file Motion to reopen in time. My 140 and 485 were reopened in Aug. and 140 was approved, but no reopen information for my wife, my lawyer sent a letter to CIS at the end of Aug, no repsonse, then I called national service center in early Oct, they sent a request to reopen to Vermont center. Last Friday, my 485 was approved, technicially, My wife has no status, we plan to travel, but we have to cancel it now. today I called the service center again, a tier II lady told me I had to wait for 60 days to get response, that means in the early Dec. I already asked my lawyer to write another letter to CIS.

I am starting to worry about my wife's status, she can not take job offer, can not travel.

I will keep updating. By the way.is anybody know could I file another motion to open?
 
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