I140 Approved-3 months after RFE reply

P

painful140

Registered Users (C)
Hi everyone,
Finally, my I140 got approved email today, that my I140 was approved on 1/20 after my RFE reply received on Oct 1, 2004. It's a long journey to me because I got laid off during my GC process last year. Here, i really want to thank you for everyone who helped to answer my questions before. Thank you so much. I do appreicate your help.
I also want to encourage everyone who has the similar situation like mine. Don't give up until last minutes. My 485 is still pending so far, but at least, my 140 got approved now, so i can use AC 21 in the future...

My detail:
I140 RD: 09/02/2003 ( Sub LC, EB3)
I485/EAD/AP RD: 01/08/2004
EAD/AP approved: 2/12/2004
Got laid off in May, 2003
140 RFE: Sep 15/2004
Reply RFE received: 10/1/2004 (LUD changed on 10/1, 11/1, 1/03)
I140 approved on 1/20/2005
2nd EAd RD: 10/15/2004
EAD approved:12/28/2004

FOIA applied on Sep.28, 2004

I got a suggestion from whorl1qutoe to cancel the FOIA, so i think FOIA really delay the 140 process. Usually, it only take less than 30 days to get I140 approved after reply the RFE, but mine takes more than 3 months.

Painful 140
 
painful140,

You deserve the 140 approval. Congrats and good luck with your 485. I had been following your case and I am happy for you.

How did you respond to the 140 RFE after you were laid off from your employer before RFE came??

Now that you have 140 approved, you are free to change jobs using AC21.

Good Luck.
 
H1BneedGC said:
painful140,

You deserve the 140 approval. Congrats and good luck with your 485. I had been following your case and I am happy for you.

How did you respond to the 140 RFE after you were laid off from your employer before RFE came??

Now that you have 140 approved, you are free to change jobs using AC21.

Good Luck.
Click to expand...

Hi H1Bneed GC,
Thank you very much. It's really painful when I got laid off in May, 2004 ( i had typo on my last post). I called a couple of lawyers to ask about my case at that time, almost their answers were " your I140 won't be approved since your employer has sent withdrawl letter to INS, your employer really want to fail your I140...". Therefore, i started to do a lot reserches in this forum and post questions. Only people in this forum keep encouraging me to give the I140 a try. I followed their suggestions. I even sent out AC21 letter when my 140 is pending in July, 2004 ( it's 180 days after i filed 485). My I140 processing is really a long story.

I only keep little hope in this I140 from July, 2004. Suddenly, I got an email in Sep, 2004 saying I got a 140 RFE. My hope is coming back again because at least, i didn't get denail letter. I was so worried specially, the RFE is ability to pay. My ex-employer was pretty bad to me, of course, the lawyer filed my I140 is working for my ex-employer, he didn't help me, either. I called him when I got RFE email, he even was not willing to help me at all. I know he is working for ex-employer. He even sent a copy of withdrawl letter ( he sent to INS) to me, i know he wanted me to give up this I140,don't put any hope on this I140.
The most difficut part is RFE, I don't can't get company's finacial statement. Instead, I copy all my paystubs ( started from my 1st one until the final), prepare my W2, even I requested my term 1040 tax from IRS dircetly. I prepared all documents to showed that the company has the ability to pay my salary over a year. ( actually my wage is 15K more than the orginal LC).

If anyone who has the similar case as mine, please please don't give it up your hope. I told myself and my family, i need to give this I140 a try no matter the hope is so little ( even some lawyers said no). If this I140 really get denied, then it's OK, because i at least I have tried my best and put all efforts to this I140. Here is my case, finally it worked. Anything would happen.
I do appreciate everyone from this forum from the bottom of my heart. So many useful information, encourage each others, answer my questions.. :) :)
 
painful140,

Thanks for sharing your case details. It is indeed painful. Now you did see a ray of hope...I appreciate your efforts and not giving up attitude which resulted in your 140 approval.

I still had one question: Who replied to the RFE? and what was the impact of you sending the AC21 letter after crossing 180 days?? Did you attach a supporting letter from a new employer for your AC21?

Good Luck with your 485.

Cheers
 
H1BneedGC said:
painful140,

Thanks for sharing your case details. It is indeed painful. Now you did see a ray of hope...I appreciate your efforts and not giving up attitude which resulted in your 140 approval.

I still had one question: Who replied to the RFE? and what was the impact of you sending the AC21 letter after crossing 180 days?? Did you attach a supporting letter from a new employer for your AC21?

Good Luck with your 485.

Cheers
Click to expand...
Hi H1BneedGC,
I reply RFE by my own. I140 was filed by ex-company's attereny, and 485 was filed by my own atterney ( I paid by myself at that time because ex-employer was not willing to let me file my 485, finally they said Ok that i can file by my own expense). My 485 atterney think it's no hope on my case ( and he also tell me that he doesn't have right to reply RFE ).

I got a lot good suggestion from forum and people recommed to send Ac21 since my 485 has crossed 180 days ( 140 didn't proved at that time), so I sent it out Ac21 letter with new employer letter in July right after cross 180 days. I really have no idea if INS received my AC 21 or not ( actully, i guess, probably they didn't get this letter). I don't know if there is any impact on this Ac21 letter. I just won't give up any little chance and give it a try since my case is so complicated. Then, i just wait with little hope. suddenly, miracle happened.

If you or anyone who have similar situation like mine, i will try my best to answer whatever i know.
painful140
 
Hi painful140,

Thank You for sharing the RFE details and Congratulations once again on your 140 approval.
 
LONG Story

:mad: Hi everyone,
i was so happy when i got my I140 approved. a week later, i found why my approved 140 LUD changed again on 1/28, 1/31, 2/1.. so i called emergency line to ask about why my LUD changed again. She told me that they have the other new notice again about my I140. " IT'S A REVOKED NOTICE", she said that i should talk to the employer. I think it's my ex-employer revoked the case right after they got the approval letter.
I didn't know how can they act so fast and CIS also act fast to sent out the revoked notice.
Very disappointed about the case that my 140 got revoked.
My 485 is still pending, but i don't know if i will get the deny letter pretty soon?
Can i use AC21 on my case? :confused:

Any suggestion about my case?
 
Sorry to hear about this,
but I thought that an approved I-140 cannot be revoked if 1-485 has been pending for more than 180 days ?
Can someone calrify ?? maybe UN.. he's one of the most knowledgeable guys on this forum..

pdd123
 
pdd123 said:
Sorry to hear about this,
but I thought that an approved I-140 cannot be revoked if 1-485 has been pending for more than 180 days ?
Can someone calrify ?? maybe UN.. he's one of the most knowledgeable guys on this forum..

pdd123
Click to expand...

from what i understand the sponsoring company can revoke the I140 at any point up until the I-485 gets approved. most companies dont but they still can exercise the right to do that.
 
Hello painfull

I heard that an approved 140 cannot be withdrawn or even if
its withdrawn the beneficiary can use AC21 if I485 is more that 180
days. Dont give up hopes. Your case gives lot of hopes to everyone.
You hung on so far.

Consult a good lawyer and I think they can handle this.
Good luck brother.

Its so sad that USCIS take a single day to cancel an approval
and take countless months to approve it.

babu
 
Please don't give up, Painful 140!

Painful 140,

As your name implies, the immigration journey is so hard and painful sometime. But, you, are a beam of this forum, your story encourges all of us who refuse to give up, who are keeping fighting for the better future of their life. As you told us, PLEASE DON'T GIVE UP! Your ex-employer is mean, very mean to you, although they have the right to do so. I really don't understand why they revoked the case. please find some legal services or somebody on this forum please help! I will follow your case, and I am waiting for your good news again.
 
Thank you very much--- all my friends

After read all your posts, i really want to say " Thank you for all your support" .
I won't give it up until last minute. My ex-employer is pretty bad, this is only word i can say, same as that lawyer. The only lucky thing is I asked the other lawyer to file my 485, so that bad lawyer didn't know my 485 case number. When i called my 485 lawyer, his assistant told me " it looks like no hope on this case". I don't trust what she said because i strongly believe i still get chance that my 485 can get approve.
I talked to UN and he gave me a lot of valuable information. Thank you UN.
I will try to see what will happen to my 485. I will use AC 21 to apply to my case.
I will keep my update to everyone.
If you have any idea about my case, please feel free to give me a hint.

Again, thank you all my friends.
 
140 RFE responded Now, they say Name check pending

Hi,

My case is EB2-concurent filed on 12/23/2003 . I got RFE on 01/11/05 for I-140 (for work experience, education, education evaluation) after 2 fax enquiries and one e-mail enquiry over a period of 3 months. RFE for I-140 was recieved by uscis on 02/02/05. There were LUDs till 02/04/05 but, no change in message.

I got a response for fax enquiry which was sent in nov, 2004 on 02/02/05. It says my name check is pending and they are unable to process spouse's application as primary applicant's applicaiton is pending.

Has any one had this kind of experience? What should we do for name check? send FBI mail? Is I-140 related to Name check? I thought name check is for I-485 only?

thank you for your response

regards
 
485 Approved!!

:) :)
Hi everyone,
I got a email from INS on Feb 10 around 9:30pm and my wife and my 485 all got approved. Unbelievable.... my case was approved. I am still very happy.
Today, my 485 lawyer called me that they got both of our orignal approva.
My GC is long Journey.... a lot of things happened in my process including laid off, ex-employer withdrawl I140, got RFE, and when 140 approved, and happened to know that INS sent the revoked notice.....

It's like a miracle, i asked a couple of lawyers about my case, but everyone told me the same answer" Hopeless on your case" including my 485 lawyer..
Only in this forum, i got a full support from you guys. I really can't express how much apprecitation by my post.. Thank you very much for everyone, specially, UN, whorl1quote, ginnu, therealcanadian, a lot of friends who help me to answer my questions. Ask me " don't give up".
This is my brief case process, i hope my case can give someone who is in the same boat hope. Don't give it up.

this is a long story about my GC process. i just made some brief summaries.

140 RD: 09/2003. ( Sub LC, EB3)
485/EAD/AP Rd: 01/2004
1st EAD/AP approved: 2/2004
finger print: 04/2004
Got laid off: 05/2004 ( i think the last pay stub is in the end of May).
ex-company laywer sent out a copy of withdrawl letter to me: 06/2004 and stated i am no longer hiring with the company until in june/01/2004. They sent the orginal to INS.
AC21 letter: 07/01/2004 and stated that my new job will start on July/10/2004 ( since i need to pass 180 days after file 485).

140 RFE: 09/2004. about the ability to pay. ( the laywer sent me the RFE copy with the previous witherdrawl letter, i think he wants me to give up this 140)
I sent out RFE by myself with all pay stubs since i joined that bad company.
my W2, tax return... whatever i have in hand.
140 approved: 1/20/2005. But a weeks later, my 140 LUD changed again to 1/28/2005, 1/31/2005,2/1/2005.. then i found out that INS sent out revoked notice. ( i was so disppointed at that time).
Then I stop called INS emergency number because i am thinking to wait for NOID or denied letter.
485 LUD: 1/31/05, 2/7,2/8, then 2/10 email that my 485 got approved without RFE.

I think the INS officers know our situation like i got laid off, or some bad employer want to screw up our case.

Thank you everyone, i really want to share my experience with all of you. If you have any question or in the similar situation like me, i would like to answer whatever i know.
 
painful,

I'm very happy for you. I was following your case and was wondering what happened to you -- you haven't posted since the mishap after your 140 approval. Congratulations!! Everytime I lose hope, I think about your case, so this gives us all new hope. Good luck! :)
 
mesbah said:
painful,

I'm very happy for you. I was following your case and was wondering what happened to you -- you haven't posted since the mishap after your 140 approval. Congratulations!! Everytime I lose hope, I think about your case, so this gives us all new hope. Good luck! :)
Click to expand...
Hi mesbah,
thank you for your support. Yes, please don't lost your hope. I even replied RFE by myself, and sent out AC 21 letter before my 140 got approved... long wait for RFE replied...
 
unitednations said:
congratulations.

This is a very positive development. You are the second recent case that I know in California where the employer asked for withdrawal of a 140 before approval but after 6 months of filing 485. In both cases the 140 got approved and then a few days later, uscis revoked the approval but still didn't send in a NOID.

The lesson I guess is that if the 140 is approvable but uscis receives a withdrawal notice after 6 months, they will approve the case first and then revoke it and let the person still get the greencard.

For everyone else to know; I have only seen this in california.
Click to expand...

Hi UN,
Thank you so much for your help.
You are right, i guess CSC didn't really count 180 days after I filed 485, they probably count the date they excute the withdrawal letter. My case even didn't reach 180 days when my ex-employer sent out withdrawal letter. ( my ex-employer sent out withdrawal letter around 160-170 days and stated they only hired me until june 01/2004, that only 140 days i filed 485).
I guess they sent out revoked notice to let the employer know that CSC didn't igonre employer's request. And the officer didn't want to fail our GC because of this reason. For me, i sent out AC 21 letter even before 180 days. I don't know if this is reason why i didn't get RFE and they approved my case directly. They know that I changed the job already because of withdrawal letter.
UN, thank you again for your help.
 
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