Tracker for appeals/MTR

290b

Thanks for your post.

As per my lawyer my I-485 should be pending state and not denied after we filed the 290B. So I should get the extension that's what he is saying.

Yes you are correct my wife is lucky and atleast can work. Other wise I would have to go back.

Isn't it then if my I-485 in denied state then I am staying here illegally? :mad: I am the primary applicant!
 
kukuchaku said:
Thanks for your post.

As per my lawyer my I-485 should be pending state and not denied after we filed the 290B. So I should get the extension that's what he is saying.

Yes you are correct my wife is lucky and atleast can work. Other wise I would have to go back.

Isn't it then if my I-485 in denied state then I am staying here illegally? :mad: I am the primary applicant!
Click to expand...
Kukuchaku,

I can tell you from my experience. I filed 140 last year in July (with 485/765/131 three weeks later) and it was denied in Sep. The same day there is LUD on 485/765/131 but the message did not chnage. My lawyer told me that with 140 denial all the further applications 485/765/131 stand denied. I290B was filed on 140 in Sep., and moved to AAO in Oct. Since then, the status has been pending.

My lawyer received the denied notices, do therefore, check with your lawyer. The best thing to do in these cases to have your (primary applicant) H1B status valid as it can be extended on the pending 140 appeal too.

Hope this helps.
Sanjay
 
Thanks for reply. Please let me know how you resolved this?

Sanjay Thanks for ur message,

That's what happened in my case. MY dumb lawyer did not tell me about the I-485 notice for past 7 months. I came to know about it just yesterday. His argument is that when he files 290B it take care of I-140 as well as I-485.

However my I-485 is still in denied state for over 7 month and I am still working for the same employer.

I maxed out on my H1B and there is no hope of getting it unless I spend 1year outside the country,

Now to cover up the lawyer is saying he will file my I-765 and I-485 again. I don't know if this is going to solve my problem.

The other option is my RIR application is pending in BEC for over 1 year. Is it possible to get an H1 on that basis?

What you did on your case? Have you filed MTR on I-485 too? Is it required? Are you currently working on H1?

sanbaj said:
Kukuchaku,

I can tell you from my experience. I filed 140 last year in July (with 485/765/131 three weeks later) and it was denied in Sep. The same day there is LUD on 485/765/131 but the message did not chnage. My lawyer told me that with 140 denial all the further applications 485/765/131 stand denied. I290B was filed on 140 in Sep., and moved to AAO in Oct. Since then, the status has been pending.

My lawyer received the denied notices, do therefore, check with your lawyer. The best thing to do in these cases to have your (primary applicant) H1B status valid as it can be extended on the pending 140 appeal too.

Hope this helps.
Sanjay
Click to expand...
 
kukuchaku,

If you have not used your EAD to work then you are safe. Check with some experienced persons about your wife's situation. My friend went through the same situation where his wife was using EAD and his 140/485 was denied. Everybody said in this forum that his wife was out of status. She had to leave this country and came back again with H4 status. Some of them said that as long as the appeal is pending no problem (Incase if appeal turned out to be negative then the period will be considered as out of status)
I am not very sure about this, so please check with some experienced person or a lawyer. I would say talk to Rajiv that is the best scenario.

Once your 140 is denied that mean 485/EAD/AP all are denied.(This is applicable for your wife too. Take an immediate action)

You can continue with your H1 and can extend your H1 beyond the sixth year limit based on your pending appeal. (One disadvantage is your H1b will not be valid the day they dismiss your appeal - They will not take any decision before 1 yr). Good thing is your Labor is pending over a year, so use that Labor to get your extension.
Change your lawyer. How he can file your 485 and EAD again when your 140 was denied. He has no basic immigration knowledge which we learners have in this forum. He will definitely screw up your case.
You can not file an appeal for 485. Once your 140 appeal is successful then they will reopen your 485.

Sanjay Thanks for ur message,

That's what happened in my case. MY dumb lawyer did not tell me about the I-485 notice for past 7 months. I came to know about it just yesterday. His argument is that when he files 290B it take care of I-140 as well as I-485.

However my I-485 is still in denied state for over 7 month and I am still working for the same employer.

I maxed out on my H1B and there is no hope of getting it unless I spend 1year outside the country,

Now to cover up the lawyer is saying he will file my I-765 and I-485 again. I don't know if this is going to solve my problem.

The other option is my RIR application is pending in BEC for over 1 year. Is it possible to get an H1 on that basis?

What you did on your case? Have you filed MTR on I-485 too? Is it required? Are you currently working on H1?
 
Thanks for reply. Please let me know how you resolved this?

Sanjay Thanks for ur message,

That's what happened in my case. MY dumb lawyer did not tell me about the I-485 notice for past 7 months. I came to know about it just yesterday. His argument is that when he files 290B it take care of I-140 as well as I-485.

However my I-485 is still in denied state for over 7 month and I am still working for the same employer.

I maxed out on my H1B and there is no hope of getting it unless I spend 1year outside the country,

Now to cover up the lawyer is saying he will file my I-765 and I-485 again. I don't know if this is going to solve my problem.

The other option is my RIR application is pending in BEC for over 1 year. Is it possible to get an H1 on that basis?

What you did on your case? Have you filed MTR on I-485 too? Is it required? Are you currently working on H1?

sanbaj said:
Kukuchaku,

I can tell you from my experience. I filed 140 last year in July (with 485/765/131 three weeks later) and it was denied in Sep. The same day there is LUD on 485/765/131 but the message did not chnage. My lawyer told me that with 140 denial all the further applications 485/765/131 stand denied. I290B was filed on 140 in Sep., and moved to AAO in Oct. Since then, the status has been pending.

My lawyer received the denied notices, do therefore, check with your lawyer. The best thing to do in these cases to have your (primary applicant) H1B status valid as it can be extended on the pending 140 appeal too.

Hope this helps.
Sanjay
Click to expand...
 
kukuchaku said:
Sanjay Thanks for ur message,

That's what happened in my case. MY dumb lawyer did not tell me about the I-485 notice for past 7 months. I came to know about it just yesterday. His argument is that when he files 290B it take care of I-140 as well as I-485.

However my I-485 is still in denied state for over 7 month and I am still working for the same employer.

I maxed out on my H1B and there is no hope of getting it unless I spend 1year outside the country,

Now to cover up the lawyer is saying he will file my I-765 and I-485 again. I don't know if this is going to solve my problem.

The other option is my RIR application is pending in BEC for over 1 year. Is it possible to get an H1 on that basis?

What you did on your case? Have you filed MTR on I-485 too? Is it required? Are you currently working on H1?
Click to expand...
KC,

Austin Desi above is correct is all his answers. Yes, I am on H1 based on the my then pending first LC, for my latest H1B extension last year. In any case you should always be in H1B status (and your wife H4) until these uncertain times are over. The best course of action for you is to use your pending LC to get next extension or you can use pending I140 appeal if you are sure it is going to succeed.

If 140 is denied all the applications after that 485/765/131 are automatically denied. There is no use refiling them as that would be waste of time and money and energy. Appeal on 485 is of no use as 140 is denied which is the basis for 485. As your 140 appeal is pending, you case is valid, but make sure your are on valid H1 and your wife on H4 if you do not want an year's gap.

Also, if your wife is in < 6 yrs of 'H' status, she can file for new H1 based on her qualification and some company is ready to file H1 for her and offer her a job. The other route would be to convert her visa to F1 and become a full time student in an university. The last resort would be to apply for Canadian Immigration.

Hope these pointers help.
 
Thanks United Nations.

Thanks for your post.

I am scared a lot.... My lawyer still says that everything is fine and I can stay, as we have shown that we filed the applications, MTR etc (In my case two times) and CIS considered this as we have tried enough and in Good faith they will allow me to work.

I am totally confused now what to do? Take chances or leave the country. As per my company lawyer he says in similar cases he got approval for EAD. My lawyer thinks it’s a USCIS error and I should be allowed to work. I don’t know how if this is true, however my wife got her renewed EAD last week (She is secondary applicant)

I am maxed out on H1 and only was working on EAD. I know its responsibility of lawyer and me to make sure my status is Legal? Can I argue that my lawyer told us that it’s ok to stay and I was unaware that my stay is not legal? (And it’s the truth. Even I came to know about the I-485 denial notice after 6 months)

There must be law for cases where person stays unknowingly or where don’t get correct interpretation of law.

Also I heard that if USCIS denies the I-485 and I don’t have any other visa at that time, they send the letter to applicant to leave the country. As I never received such letter I am assuming that USCIS acknowledges that I can stay as long as concurrent filing of I-140 and I-485 are pending. (Only thing I don’t get permission to work)
 
Thanks a ton united natations.

Its begning to clear up things, and I think there is no other option for me now. I visited lot of sites, talked to a lawyer etc.. and information I am getting is somewhat similar to your post.

I guess that's it then.
I think taking informed decision now and avoiding hardships later is a good thing to do. (Barred from entering US again!)

There is another option came out during discussion is that filing another seprate application using substitue labor. Are they really still accepting subs labor anymore? I read on this forum somewhere that they stopped it sometime back?

For other guys who are in same situation- please make alternate plans for another type of visa. And keep an active presense on this forum- this helps a lot. Double check the answer from your lawyers to the posts on this site. (You will come to know they know little than users on this post.. Unitednations is a great example)

Thanks guys,
 
Guys,

I am confused about my current status now!

My 140 and 485 were denied and is with AAO. they were denied in Sept
05.
however, i did not use my EAD or AP ever.......was always on H1-b. It's valid till Oct'06. but the reason i got the H1 extended was b'coz of my GC process before it got denied.

I also have a Non-RIR labor at Dallas going on. It was filed in Apr'03.

Now, am i legal or illegal? I believe I am legal since I am on H1 but since H1 was extended based on my denied GC earlier, not sure if the H1 is still valid or not.... please provide ur inputs. As a precaution i filed PERM last month. Labor is going on....
 
Hi Bunny

Its so confusing. Even my lawyer is not able to answer. However united nations answered lot of my questions and I beleive I am satying here illegally.

My I-140 was denied in oct 2005 and later transfered to AAO. My lawyer told me to keep working on my EAD. as he said the decision has not come so I am legal to work. After my EAD expired I applied for new one. And its pending over 100 days. Even I did not got the denial notice for EAD. For interim EAD they told me my I-485 is denied and hence I can' t get the EAD. However I don't understand why they did not send me denial notice for EAD?

I am only working on EAD. So there is no H1 for me. So I am really confused on if I am staying here legally or illegally.

Please let me know if you take lawyers consultation about this problem

Thanks
 
bunny01,
You are in H1 status since your appeal is pending. Once the appeal is dismissed then you will be out of status. So better apply for you H1b extension based on your pending Non RIR labor. That way you will not face any problem in future.

kukuchaku,

You are just playing with your EAD. Its better to talk to some experienced lawyers like Rajiv or Murthy rather than asking suggestions here in bad situtions like this.

Guys,

I am confused about my current status now!

My 140 and 485 were denied and is with AAO. they were denied in Sept
05.
however, i did not use my EAD or AP ever.......was always on H1-b. It's valid till Oct'06. but the reason i got the H1 extended was b'coz of my GC process before it got denied.

I also have a Non-RIR labor at Dallas going on. It was filed in Apr'03.

Now, am i legal or illegal? I believe I am legal since I am on H1 but since H1 was extended based on my denied GC earlier, not sure if the H1 is still valid or not.... please provide ur inputs. As a precaution i filed PERM last month. Labor is going on....
 
Last edited by a moderator:
EB2 Appeal

Has anyone heard from AAO regarding their EB2 I 140 appeals ?

The processing times posted by AILA and others show that EB2 I 140 appeals are current.

My appeal was sent to AAO on 02/162006, but haven't heard anything since.

Is there anyway (beside online tracking) to find the exact processing time for a particular application ?

Thanks

Sonu
 
My I-140 status says (EB3 - 3yr degree)
On January 13, 2006, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case

And last LUD is on Jan 17 2006.
 
Validity of H1 after i-140 denial

Hi Unitednations/All,
I have my H1 extension until March-2007 but I have my i-140 got denied during this month. Can you please tell me on the validity of my H1 extension! Is it valid or invalid until the end of the current period ending!
Actually I have another approved i-140 but my current H1 extension based on the pending appeal which has got denied.
 
sarwarmd said:
Hi Unitednations/All,
I have my H1 extension until March-2007 but I have my i-140 got denied during this month. Can you please tell me on the validity of my H1 extension! Is it valid or invalid until the end of the current period ending!
Actually I have another approved i-140 but my current H1 extension based on the pending appeal which has got denied.
Click to expand...
SarwarMD,

I had the same question in mind, so I asked one of my present lawyers. here's his response:

"As long as your H-1 approval is valid you are in valid H status. This does
not change because of any I-140 denial. Also, so long as your GC
application continues, you may also continue to renew the H-1."

UnitedNations or other gurus can share their own thoughts.

Hope this helps.
Sanjay
NOTE: I m not a lawyer. Take this advice at your own risk.
 
My lawyers response

I consulted my lawyer and he is saying its a gray area and niether I am legal nor I am illegal, and waiting for my appeals decision.

However there is a catch that on the day my pending I-140 decsion comes through the time I am staying will be regarded as illegal if decision is denied and legal if decision is approved.

Do you guys know how much time it will take for I-140 appeals process. its already one year passed and no decision yet. There is no time information on 290B case status. It just sayes when decsion will be made we will notify you.....

Is anyone else in same situation? I am tired of this wait time :(

Thanks
 
I think everybody who has filed appeal for EB3 I140 are waiting for 18 months or more. I am also completing 12 months by May 31st.

Does anybody know about the new premium processing for the I140? Will that work for us?

Thanks.

kukuchaku said:
I consulted my lawyer and he is saying its a gray area and niether I am legal nor I am illegal, and waiting for my appeals decision.

However there is a catch that on the day my pending I-140 decsion comes through the time I am staying will be regarded as illegal if decision is denied and legal if decision is approved.

Do you guys know how much time it will take for I-140 appeals process. its already one year passed and no decision yet. There is no time information on 290B case status. It just sayes when decsion will be made we will notify you.....

Is anyone else in same situation? I am tired of this wait time :(

Thanks
Click to expand...
 
Waiting time

It is close to 18 months for you. Does on an average people wait for 18 months? Should we ask our lawyers to follow up with AAO and request them to speed up ( Is that possible??) if it is taking more than that time.


marooti said:
I am waiting since Dec 2004.
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