Story of EB1 denial

S

sinai

Registered Users (C)
Thought some of you may be interested.

My 140 (EB1ea, VSC) was long due and finally denied. So do the 485s. I am still in H1 but my wife was using EAD. There were some debates on this forum if the status of H4 can be maintained without visa stamp from some consulate. In this case, my wife was taken off payroll temporarily and her company filed a H1 petition and it was approved in about a week. She had an H1 before so doesn't count for cap.

I don't know what exactly this case implies but seems it is not that terrible if spouse uses EAD based on a un-approved 140.

I also filed an appeal for 140 and got a notice say the case was reopened due to a motion in BCIS. I need some help from you guys:

Can we apply for re-open 485s? The denial letter said the decision for 485 is final.

If we can, is that the same fee of $110? Shall we apply now or can we wait until there is a decision on my appeal. I heard the chance for appeal is very slim so don't want to spend the money now.

Also my company filed an NIW for me a while ago, with another 485s (CSC). Of course you know it is probably even more difficult. Will the appeal have negative impacts on the NIW one?

Thanks for any suggestions. Good luck on everyone.
 
appeal

My OR case also denialed in Jan,2005, VSC. I filed appeal on Feb17, received an online notice on Mar 7 stated the case was re-opened, and got approved on Mar 8, the next day. My lawyer says INS will not re-open a case unless they want to approve it. You may receive another notice tomorrow says you case has been approved. Just be pateint for a day or two. If they re-open your case, it's a good sign, very hopeful.
 
Flying fish,

Are you sure that you filed appeal and not motion to reopen? My lawyer told me that it takes 6-12 months to proceed the appleal. Thanks
 
6666

Thank you so much, Flying fish. The lawyer just sent out the appeal notice for my husband in vsc. Do we need to submit more evidence for the appeal?

Thanks
 
Does USCIS count new publications coming out after your filing date? If the answer is no, does it do any good for your case?

flying fish said:
I added two more recommendation letters and two new publications just to satisfy the immigration officer.
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I never said the new publications were counted. I was just saying how I presented my appeal case. My personal opinion is there should be no harm to add new evidences.
 
While the new evidence may not be counted to satisfy core criteria, it may be used to demonstrate that you are working in your filed of endeavor and able to sustain your position as a top professional in your field.

I filed my EB1-EA in September 2003 and received an RFE in October 2004. I replied the RFE in January 2005 with more details about my previously submitted evidence and also attached new evidence of achievements after the filing date (current leading / critical role, jobs created since the petition filing date because of my previous work etc) and it worked.
 
Further story of EB1ea

I am not as lucky as flyingfish - he got his approval the second day after the reopen. I got an email of approval after over twenty days. But seems they opened my 140 immediately upon received my appeal.

In fact I was expecting an RFE because my attorney said he got one. Really confused.

They re-opened my 485 but not my wife's. Any suggestion how to reopen my wife's 485 quickly?

Also our medical was Jan. 2004 and FP (including name check I guess) was Oct. 2004. How likely they will ask us to redo all those?

Thanks. Good luck to everyone.
 
Hi, Sinai,

Could you please post when you filed your appeal? How long does it usually take to process the appeal? Thanks a lot.
 
6666 said:
Hi, Sinai,

Could you please post when you filed your appeal? How long does it usually take to process the appeal? Thanks a lot.
Click to expand...

Here it is -

Petition denied on Feb 10. Appeal mailed on Mar 1st, received Mar 4, reopened Mar. 7, approved Mar. 28.

As far as I know, normally if it is reopened, it will be approved soon say in about a week like flyingfish's case. Seems the officer reviewing my case didn't look at my new evidences or he was still not happy with my old/new evidences; later he or another officer looked again at the entire case including the newly added stuff and then approved. I don't know what exactly happened but I feel there were different people looking at my case.

The lesson I learned is that don't assume they will look at all the evidences you pointed to; rather you should spell out those clearly. The officer is simply too busy.

Also don't give up whatever happen. You never know.
 
Sinai,

Thank you very much for your kind reply.

I am a little confused where the appeal is processed. It is said the appeal will be sent to Whashington DC after it was received by VSC. It seems that VSC processed your appeal. Is it right? Do you know the reason? Thanks in advance for your kindness.
 
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EB1 denial and reopening

Hi Gurus
my EB1 was denied early march. The lawyer wanted more money to file an appeal and i refused. Howver, I got an email that the case was re opened by a BCIS motion. I am sure that no body filed an appeal. Do you think I should submit additional evidence (even though INS has not asked one yet)

thanks


RHTK
 
To RHTK

Hi, RHTK:

Do you mean BCIS re-open your case by themselves? If so, it means they are doing quality control for their processed cases.

Good luck,

WG
 
I have a friend. He had simular situation.
NIW was denied at VSC on Feb 2005. Just a few days prior to that additional information was mailed without any request.

Case was reopened on BCIS motion and approved.
It was not clear if additional information promped reopening or helped.

His lawyer had several cases been reopened without any action done and approved or RFEed.
I guess that BCIS has an internal quality control by senior officers. May be a new officer made an obvious mistake.

Anyway, the fact that you case was reopened on BCIS motion tells that they have an intention to approve it. You should expect an approval or RFE.

I would like to disclame that I am not a lawer myself and that is all information I have.

Good luck.
 
6666 said:
Sinai,

Thank you very much for your kind reply.

I am a little confused where the appeal is processed. It is said the appeal will be sent to Whashington DC after it was received by VSC. It seems that VSC processed your appeal. Is it right? Do you know the reason? Thanks in advance for your kindness.
Click to expand...
I think the service center has an option to adjudicate the case at their center if they want and think the case is approval. If not, they send it to AAU (DC)
 
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