Tracker for appeals/MTR

HI ALL,

I'm also waiting for some news (decision) from AAO / NSC since Oct 25, 2005.

EB3 @NSC
I-140 denied. Reason: A2P
 
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I think appeals should be filed with in 33 days after you receive denial letter. If you are maintaing H1 then you can use your appeal to get extension of H1 visa .... this is what I have done twice 7th & 8th year visa extension. I also filed a second labor as the original labor was not tailored for my case and I was denied on that basis ... probably you can also think of filing another labor and start you GC process once again.

SlplesInSeattle said:
Hello everyone,

Four months after receiving RFE response USCIS denied my I140 application on ability to pay issue. I am terribly dissapointed with the turn of events, please find below my signature for all the details.I was told by my attorney that she will know the exact reason after receiving the denial letter & she will file an appeal. However I have lost all confidence on her as she had already replied to the RFE which got rejected.Could you guys please suggest various options which I can pursue to file an effective MTR/appeal which has got some chance of approval.Thanks a lot for all your help.

Cheers,
SlpLesInSeattle
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marooti said:
I think appeals should be filed with in 33 days after you receive denial letter. If you are maintaing H1 then you can use your appeal to get extension of H1 visa .... this is what I have done twice 7th & 8th year visa extension. I also filed a second labor as the original labor was not tailored for my case and I was denied on that basis ... probably you can also think of filing another labor and start you GC process once again.
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Marooti,

As you have extensions on the pending I140 decision at AAO, you may know the answer to this question. Does the approved H1B extended on the I140 pending at AAO expires immediately or at the end of the extension if the pending I140 appeal is rejected?

Thanks!
 
Your H1B extension has new I-94 validity date, you can stay and work until that date, I-140 denial at AAO doesn't affect your H1B status.

findgc.
 
Rightly said by findgc.

sanbaj said:
Marooti,

As you have extensions on the pending I140 decision at AAO, you may know the answer to this question. Does the approved H1B extended on the I140 pending at AAO expires immediately or at the end of the extension if the pending I140 appeal is rejected?

Thanks!
Click to expand...
 
I140 denied & Appeal

Hi,

My I140 EB3, filed based on a substitute labor, got denied at NSC due to Ability to Pay issue few days back, whcih I posted earlier in this forum. A RFE was issued six months back on ability to pay the wages, asking for all the financial documents starting from the year of priority date (2001). My attorney replied to the RFE with supporting Documents, however the petition got denied.

Well, I am not sure how much interest the attorney took in gathering enough supporting arguments for replying to the RFE, however the gist of denial text, as per my company person, is something like as below:-

"You had applied for greencards for number of guys spanning from 1997 till 2004(they have mentioned the name & year of application for each of them, although there are hardly one or two guys per year). You didn’t furnish proof of enough funds to pay for all their salaries cumulatively for each year till date & hence the denial."

As per the company president (it’s a small IT consulting company with around 20 employees) the reason is very weird as most of the GC applicants have got their GC & left the company. So as per him, it’s illogical for USCIS to ask to show cumulative profit for paying the salaries for all of them till date. As per him they had enough profit (Assets-liabilities) to show my salary amount for the years from priority date(2001 till 2003) & from 2004 till date, while I have been employed with them, & they paid me salary.

Now my question to A2P guru UnitedNations & others are:-

1.On a high level do you feel I have a chance if they go ahead & do a MTR/appeal?

2.My company is willing to dig out all the W2,paystubs & their exit dates for all the employees as mentioned In the denial letter starting from the years their greencards have been applied for.

3.They are ready to do a per year calculation of assets-liabilities taking into consideration of all the employees who were current & working that time,starting from my priority date.

My earnest request to you is to suggest whether they are proceeding in the right direction to file an appeal & if not, what would be your strategy, on a high level, to draft arguments countering the denial(I don’t have the figures of company financials to quote here for your reference).

Thanks a lot for all your help.
 
Need Help:

My 3 year incremental extension has been incorrectly denied. (various reasons including the dates are available for filing I-485. (I am from India) I have a i-140 approved. I have filed an Appeal. Please advise how much time does it take for them to resolve such matters at VSC.

Thanks in advance for a quick response.

BR,

Harshy
 
Selective AAO Appeal Processing Times

Just saw this on www.immigration-law.com. Don't know how accurate it is.

03/25/2006: Selective AAO Appeal Processing Times 03/23/2006

Form Case Type Processing Times
I-140 (EB-1A) Extraordinary Worker 6 Mos
I-140 (EB-1B) Outstanding Researcher c
I-140 (EB-1C) Multi-nat'l Exec/Mgr c
I-140 (EB-2) (D) NIW c
I-140 (EB-3 & EW) Skilled/Unskilled Worker 15 Mos
I-129 (H-1B) Professional Worker 13 Mos
I-129 (L) Intra-company Transfer 15 Mos
I-129 (H-2)(H-3) Temporary Worker/Trainee c
I-129 (O) Extraordinary Worker c
I-129 (P) Artist/Athlete/Entertain c
I-360 (R) Religious Worker Imm c
I-360 (VAWA) Violence Against Woman c
 
Does these Dates mean that appeals for cases in EB-2 Category are current.I appealed my denied I-140 in Dec 2005.Should i expect the decision soon.
 
It seems the date mentioned in here a very vague. It all depends on the complexity of your case..

Harshy
 
Based on the current AAO processing time, did anybody got decisions yet?, I see no postings in this group, is it a real timing?.
 
sonupv said:
Does these Dates mean that appeals for cases in EB-2 Category are current.I appealed my denied I-140 in Dec 2005.Should i expect the decision soon.
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Did you see any change on your online case status?
 
AAO Decision

Has there been any action on the cases that were sent to AAO and later sent back to Nebraska? Looks like some appeal cases in Jan and Feb were sent back to Nebraska.
 
sbss,

My I140 was denied on A2P and the appeal was transferred to AAO on 10/17/2005. I am still waiting...

*****

Substituted Labor(02/2002)
140 : Filed 07/20/05
140 : Denied on A2P 09/02/2005
140 : Appealed 09/27/2005
140 : Moved to AAO 10/17/05
485/765/131(Self + Spouse) : Denied on 140 09/02/2005
 
What date is used as reference

I have a question regarding AAO processing time, when they say it takes 15 months for EB3, does it mean 15 month is from the date in which the 290B is filed (RD) or the date in which the case has been forwarded to AAO?.
 
140 approved in EB2

I started another GC in PERM (with the same employer) and its 140 approved in EB2 2 days back. My appeal on my 140 for previous GC is still pending at AAO. Hopefully they will take my 3 year(B.Tech) degree as an equivalency of US B.S.

Thanks
 
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