Hello Fellow forum members,
Here is my story. Filed my Labor in aug 2001 and approved in jul 2003 (Of course there was some RFE). Filed my 140 in sep 2003, filed my 485 and EAD in April after a very long ordeal. Both mine and spouse EAD got approved in July with no issues. Since my 140 was untouched and 30 days have passed the processing date, initiated the status inquiry. Then there comes the notorious RFE in Aug (Ability to pay and educational evaluation - which was never submitted earlier). checked with my company and they said its a usual RFE and don't worry about it, since it was the 8th one. Got in touch with UN and got some info, passed on to the company. They didn't even bother to hear me out, they said they have everything under control and attorney knows what to do. They responded to all the RFE and meanwhile, earlier responded RFE's got approved (almost 4). Since nothing happened in 30 days, I initiated the status inquiry on 140. Exactly after 30 days of status inquiry, my 140, 485 & spouse 485 got denied due to lack of company's ability to pay. Company was also surprised since they got all the rest of 8 pending 140's approved. Again, UN came into picture, he gave materials and willing to help a lot. But my attorney even refused to listen, though my employer was 50% convinced. Spent so much of time on this issue and UN even spoke with my employer, our company CPA but it didn't lead anywhere. In 30 days, they filed for MTR 290a (Not the appeal, though I asked them to do 290B, my intention was at least we can have an answer in 60 days) with same evidence but with more argument. Finally convinced my employer to get a copy of the appeal and I was shocked, when I looked at it. Attorney has bashed USCIS left & right, used pretty strong harsh words that they are "abusing their discretionary power". Discussed with UN and UN told me that, though whatever my attorney mentioned was true, but my case is not going to get approved. There was no decision whatsoever on the MTR. Meanwhile our 7th year H1 extension based on appeal got approved. Our extension for our EAD got denied and we got very stupid response.
My EAD extension was denied and reason given was since 485 has been approved, I no longer need EAD. But for my spouse reason, since 485 has been denied, she is not eligible to file for EAD. Got more confused with this contradictory messages, but had a small hope that, I was lucky enough to get my 485 approved, though MTR / 140 was like a stone in bottom of the ocean. Due to this, my wife has to stop working.
USCIS waited exactly for 180 days and hit us hard again by dismissing the appeal as there was no G28. It was such a lame reason, though we have submitted G28 for all the petitions. USCIS said, it has to be separate G28 for each application. My attorney appealed again (MTR 290a) with same evidence, same argument with new G28 and also pointed out to them, that USCIS has overlooked G28 at the first place and bashed them again. I was totally fed up with the whole process and lost the total hope of getting GC. I am in the 7th year with no hope. Became a good friend of UN and always used UN to vent out, but UN was very friendly and stood with me all the time, though he never gave any false hope that, this case will get approved.
After 45 days of MTR 290a, my 140 & 485 got re-opened. My denied EAD also got re-opened and approved. Again got some hope, but nothing else happened. Spoke with UN and he mentioned that, if you don't see your case to be approved in a week or so, then its a gone case. waited for a month, but nothing happened and my wife case never got re-opened. Followed ERICS instructions to talk to an officer and that person has initiated an internal inquiry to search for my spouse case from storage. Yes, they have closed all our case and sent to storage. After 2 weeks, my spouse 485 got re-opened but EAD was in denied state.
Couple of days back, I made up my mind and decided to call USCIS. I know, I have nothing to lose and just wanted to have a final decision on my 140. This 2 years was a true nightmare. I called USCIS and reached an officer (using EricS instructions), explained all the issues and wanted them to take a final decision on this case. That person was pretty helpful and took all the information and we're on the phone for close an hour or so. Felt pretty confident, called my employer and told him about the same. Officer called my employer first thing in the morning and also called back Late in the evening, let them know that case was approved. Finally 2 year nightmare ended yesterday, but irony is PD has moved to 98. But at least, I have less thing to worry.
Thank you all for your support and help in this rough journey. Though, I have mentioned just few names here, I am pretty sure every post and every piece of information in this forum is very helpful. May be, I can send this to Ripley's Believe it or not. USCIS also has sincere people, they even called and followed up, resolved it in a day Believe it or not!!.
Here is my story. Filed my Labor in aug 2001 and approved in jul 2003 (Of course there was some RFE). Filed my 140 in sep 2003, filed my 485 and EAD in April after a very long ordeal. Both mine and spouse EAD got approved in July with no issues. Since my 140 was untouched and 30 days have passed the processing date, initiated the status inquiry. Then there comes the notorious RFE in Aug (Ability to pay and educational evaluation - which was never submitted earlier). checked with my company and they said its a usual RFE and don't worry about it, since it was the 8th one. Got in touch with UN and got some info, passed on to the company. They didn't even bother to hear me out, they said they have everything under control and attorney knows what to do. They responded to all the RFE and meanwhile, earlier responded RFE's got approved (almost 4). Since nothing happened in 30 days, I initiated the status inquiry on 140. Exactly after 30 days of status inquiry, my 140, 485 & spouse 485 got denied due to lack of company's ability to pay. Company was also surprised since they got all the rest of 8 pending 140's approved. Again, UN came into picture, he gave materials and willing to help a lot. But my attorney even refused to listen, though my employer was 50% convinced. Spent so much of time on this issue and UN even spoke with my employer, our company CPA but it didn't lead anywhere. In 30 days, they filed for MTR 290a (Not the appeal, though I asked them to do 290B, my intention was at least we can have an answer in 60 days) with same evidence but with more argument. Finally convinced my employer to get a copy of the appeal and I was shocked, when I looked at it. Attorney has bashed USCIS left & right, used pretty strong harsh words that they are "abusing their discretionary power". Discussed with UN and UN told me that, though whatever my attorney mentioned was true, but my case is not going to get approved. There was no decision whatsoever on the MTR. Meanwhile our 7th year H1 extension based on appeal got approved. Our extension for our EAD got denied and we got very stupid response.
My EAD extension was denied and reason given was since 485 has been approved, I no longer need EAD. But for my spouse reason, since 485 has been denied, she is not eligible to file for EAD. Got more confused with this contradictory messages, but had a small hope that, I was lucky enough to get my 485 approved, though MTR / 140 was like a stone in bottom of the ocean. Due to this, my wife has to stop working.
USCIS waited exactly for 180 days and hit us hard again by dismissing the appeal as there was no G28. It was such a lame reason, though we have submitted G28 for all the petitions. USCIS said, it has to be separate G28 for each application. My attorney appealed again (MTR 290a) with same evidence, same argument with new G28 and also pointed out to them, that USCIS has overlooked G28 at the first place and bashed them again. I was totally fed up with the whole process and lost the total hope of getting GC. I am in the 7th year with no hope. Became a good friend of UN and always used UN to vent out, but UN was very friendly and stood with me all the time, though he never gave any false hope that, this case will get approved.
After 45 days of MTR 290a, my 140 & 485 got re-opened. My denied EAD also got re-opened and approved. Again got some hope, but nothing else happened. Spoke with UN and he mentioned that, if you don't see your case to be approved in a week or so, then its a gone case. waited for a month, but nothing happened and my wife case never got re-opened. Followed ERICS instructions to talk to an officer and that person has initiated an internal inquiry to search for my spouse case from storage. Yes, they have closed all our case and sent to storage. After 2 weeks, my spouse 485 got re-opened but EAD was in denied state.
Couple of days back, I made up my mind and decided to call USCIS. I know, I have nothing to lose and just wanted to have a final decision on my 140. This 2 years was a true nightmare. I called USCIS and reached an officer (using EricS instructions), explained all the issues and wanted them to take a final decision on this case. That person was pretty helpful and took all the information and we're on the phone for close an hour or so. Felt pretty confident, called my employer and told him about the same. Officer called my employer first thing in the morning and also called back Late in the evening, let them know that case was approved. Finally 2 year nightmare ended yesterday, but irony is PD has moved to 98. But at least, I have less thing to worry.
Thank you all for your support and help in this rough journey. Though, I have mentioned just few names here, I am pretty sure every post and every piece of information in this forum is very helpful. May be, I can send this to Ripley's Believe it or not. USCIS also has sincere people, they even called and followed up, resolved it in a day Believe it or not!!.