NIW denied last Nov, today changes to approval?!

Southhuntington

Registered Users (C)
#1
I am silent in this forum for a long time. Thank everyone here. I learned a lot from the discussion. Today, I met a very strange situation. Hope I can get some help.

My first I40 NIW case filed to VSC on June 19, 2003 by myself and got direct denial in Nov 2004 :mad: . I didn't appeal. Instead, I hired a lawyer to send a new I140 NIW case with I485/I131 concurrently on March 25 2005. So far, no new LUD from March 28. Today, I got a magic email. My NIW case has been approved on May 2. At first, I thought it was the new case. But when I saw the case number, I realized it was the first one :eek: . But I really didn't appeal. :confused: Is it a mistake of CIS? If there is no mistake, what is the next for me? Should I have to transfer I1485 from the pending case to this approved one, though they are both NIW? Anyone has idea? Thanks.
 

Southhuntington

Registered Users (C)
#2
I found several similar cases like me

By browsing several immigration forums, I found recently there are several similar cases like me. All of them are EB1 or NIW, and got direct denial from last Nov to last Dec in VSC. From this March till now, they received RFE or approval without appeal. I seems like VSC is trying to correct the mistakes they did in the end of last year for EB1 and NIW cases.
 

IndoKiddo

Registered Users (C)
#3
Ha ha ha

:D Just when you think that CIS people can never be more unpredictable, they do something like this to break their own records.

I guess what matters is whether you get the approval or not :D Congratulations and enjoy your freedom (If REALID act leaves some freedom). :rolleyes:
 

Southhuntington

Registered Users (C)
#4
Update

Today I received a mail from VSC. It's for my old NIW case. Just two sentences.

"After review, we have reopened the above application or petition, or reconsidered the decision previously issued. You will receive a notice under separate cover once all action has been completed."

And the Notice Date is May 1, 2005 (Sunday!!!). I think, I will receive the Approval Notice tomorrow, since from online status check, it has been approved (AD: 5/2/05).

Does anybody have idea that what the fate of my new NIW/I485 will be?

Key dates:
old NIW ND: 6/19/03, Denied: 12/1/04, Reopen without appeal: 5/1/05 :eek: , AD: 5/2/05 :D .
new NIW/I485/I131 ND: 3/25/05, I140 AD: ?, I485 AD: ?, FP ND: ?, I131 AD: ?.
 

compressible

Registered Users (C)
#5
Hi,

My friend's case is exactly the same as yours. His NIW @ VSC got denied last Dec., He didn't appeal, then after 3 month, on this March, he received approval notice. It sounds strange, but his lawyer's explaination is that the original person working on this case maybe changed his mind. But I thought there are may be some internal review process going on @ VSC, which turned things aroung. I bet you will receive your approval notice by this weekend. Congr!

You said that you received a mail, is it after you called them about this or you didn't?

In your situation, you definitely can cancel you new I-140 (they will cancel it anyway) and link your I-485 to the approved I-140 to save some time.

Keep it posted!
 

Southhuntington

Registered Users (C)
#7
I got the approval notice of ever-denied NIW today. I didn't find any words regarding the pending NIW and I485/I131 cases.

Does anybody have idea that VSC will approve the pending NIW too, or they will deny it, because they have already proved one in the same category? I think, I will get the decision very soon according to recent process speed for NIW in VSC. I feel some unhappy, since I have wasted time and money to refile NIW/I485, and I may have to refile I485 again!


Key dates:
old NIW ND: 6/19/03, Denied: 12/1/04, Reopen without appeal: 5/1/05 , AD: 5/2/05 .
new NIW/I485/I131 ND: 3/25/05, I140 AD: ?, I485 AD: ?, FP ND: ?, I131 AD: ?.
 

Southhuntington

Registered Users (C)
#8
New I140 NIW approved.

Just as a update, my new NIW has been approved after 4 months in VSC. Unfortunately, my AP is still pending. My lawyer has made an enquiry on 6/22/05. So far, nothing comes back. Two LUDs changed recently, but no message updated. And I also haven't got FP notice yet. Does anybody have similar situation?

Key dates:
old I140-NIW, ND: 6/19/03, Denied: 12/1/04, Reopen without appeal: 5/1/05 , AD: 5/2/05 .
new I140-NIW/I485/I131, ND: 3/25/05, I140 AD: 7/15/05, I485 AD: ?, FP ND: ?, I131 AD: ? (recent LUDs: 7/8/05, 7/11/05).
 

Southhuntington

Registered Users (C)
#10
New Update

Went Infopass for I-485 case status in Boston yesterday. Confirmed: priority date is June 2003 from 1st I-140-NIW approval. Good news: name check cleared and case in active process. The office told me that I can expect decision in 2 months. ;) Let's cross fingers.
 

Southhuntington

Registered Users (C)
#13
So far, no any changes till now. I sent enquiry to VSC by phone call and AILA liaison help through my lawyer more than one month ago. No responses yet. So I sent a letter to Senator Kennedy asking for help in July. I got a LUD on my approved EAD case yesterday, not on I485. Hope everything is truly fine.
 

tellan

Registered Users (C)
#14
Southhuntington said:
Went Infopass for I-485 case status in Boston yesterday. Confirmed: priority date is June 2003 from 1st I-140-NIW approval. Good news: name check cleared and case in active process. The office told me that I can expect decision in 2 months. ;) Let's cross fingers.
Hi Southhuntington,

Did you sent interfiling request to marry your I-485 with your approved old I-140? Or the Infopass officer said they have done this automatically.
 
#15
Lawyer

Can you please guide me to a good lawyer...Who was your lawyer.....I have 32 years of very senior Management experience ( Being on the Board of Multinational companbies)and want to apply under EB1 category. I would appreciate if you can kindly give me his contact number..

thanks and have a great day

Raj
972 517 7016

Southhuntington said:
I am silent in this forum for a long time. Thank everyone here. I learned a lot from the discussion. Today, I met a very strange situation. Hope I can get some help.

My first I40 NIW case filed to VSC on June 19, 2003 by myself and got direct denial in Nov 2004 :mad: . I didn't appeal. Instead, I hired a lawyer to send a new I140 NIW case with I485/I131 concurrently on March 25 2005. So far, no new LUD from March 28. Today, I got a magic email. My NIW case has been approved on May 2. At first, I thought it was the new case. But when I saw the case number, I realized it was the first one :eek: . But I really didn't appeal. :confused: Is it a mistake of CIS? If there is no mistake, what is the next for me? Should I have to transfer I1485 from the pending case to this approved one, though they are both NIW? Anyone has idea? Thanks.
 

Southhuntington

Registered Users (C)
#16
I did send interfiling request to VSC in Dec/05. I saw a LUD on my approved old I140 in January.

tellan said:
Hi Southhuntington,

Did you sent interfiling request to marry your I-485 with your approved old I-140? Or the Infopass officer said they have done this automatically.
 

Southhuntington

Registered Users (C)
#17
Update again.

See signature below. I e-filed 2nd I131 on 8/15. It is approved today.

I sent a letter to FBI local office to confirm the clearance of name check one month ago. Last week, a FBI officer called me back and said that the name check results have been sent back to VSC around August 1 :confused: (Why did the infopass officer say in May that NC was cleared?)
The FBI officer also called VSC to confirm the receival. But a VSC officer told him that the results might need 4-6 months to put into their database due to mass workload in VSC. :(
Anyway, the NC is truly cleared now. Let's cross fingers.
 
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