Tracker for appeals/MTR

[gcstruggler]

AAO's letter

Did your lawyer get the 140 approval notice?

Thanks.

AAO's letter says that the decision of USCIS (director) is withdrawn. rather worded strongly...pointed out many other factual errors...

Counsel notes that the director failed to issue the RFE for denial and erred in denying petition...and so on...

Appears ,the case is decided in my favour.

 

[GoWind]

Did your lawyer get the 140 approval notice?

Thanks.

No...not yet.

 

[Chitra Surekha]

Thanks Eric,

But my 1st edu. evaluation was done thru some company. If i use edu. from another company (Sheila Danzig), wouldn't that be an eyebrow for NSC guys? I'm a bit concerned with that. Also, i just noticed that my 1st edu. eval was incorrect. If we correct it now, NSC might say, difference of opinion blah blah and deny it. I'm confused..

If you go back and look at Karthik's post: http://www.immigrationportal.com/showthread.php?p=1261051#post1261051

you will see that he was an appeal and he won. Sheila Danzig said that her expert opinion can address the previous evaluation and explains why they are different. Do not give up!

 

[bazuka6]

United nations please respond

if I140 was denied then no validity for EAD. EADl cancels automatically.

I have a 140 application pending and a concurrently filed 485 as well.I have received Intent to Deny notice on my 140 for ability to pay. I am now getting a job offer with my old company which has my own labor that just got approved . Can i use the existing 485 receipt , and attach it to the new 140 that I will file with my original labor application ?

any response greatly appreciated

 

[A0001]

Rule of Transfer of Pending I-485 Application to Second Approved Petition:

You can add 485 to new 140 in following cases...


Rule of Transfer of Pending I-485 Application to Second Approved Petition: This rule is clarified in so-called Pearson Memorandum in 2000, which basically stated that pending I-485 can be transferred to the second approved petition, no matter what kind of petition the second petition is. Assume that he/she filed EB-3 I-140 petition and I-485 was filed in 2004 before the visa number retrogressed and pending. Assume also that another immigrant petition of whatever nature, including EB-1, EB-2, or EB-4, EB-5, Family-Based petitions, is later filed and approved. In such case, he/she does not have to refile I-485 application to use the second approved petition, provided that the first petition was not revoked and the visa number is current for the second petition. In this transfer of I-485, priority date may or may not be transferred depending upon the nature of the two petitions. If the two petitions are in EB-1, EB-2, or EB-3, the priority date will also be transferred. If the two petitions include EB-1/EB-2/EB-3 and Family Petition or EB-4 or EB-5, the priority date cannot be transferred between these two petitions, even though the pending I-485 application can be transferred between these two petitions. Simply put, "transfer of I-485 between two petitions" means he/she does not have to refile I-485 application to use second petition, while the rule of priority date retention defines the transfer of the priority date among EB-1, EB-2, and EB-3.

it may help you.............

I have a 140 application pending and a concurrently filed 485 as well.I have received Intent to Deny notice on my 140 for ability to pay. I am now getting a job offer with my old company which has my own labor that just got approved . Can i use the existing 485 receipt , and attach it to the new 140 that I will file with my original labor application ?

any response greatly appreciated

 

[bazuka6]

You can add 485 to new 140 in following cases...


Rule of Transfer of Pending I-485 Application to Second Approved Petition: This rule is clarified in so-called Pearson Memorandum in 2000, which basically stated that pending I-485 can be transferred to the second approved petition, no matter what kind of petition the second petition is. Assume that he/she filed EB-3 I-140 petition and I-485 was filed in 2004 before the visa number retrogressed and pending. Assume also that another immigrant petition of whatever nature, including EB-1, EB-2, or EB-4, EB-5, Family-Based petitions, is later filed and approved. In such case, he/she does not have to refile I-485 application to use the second approved petition, provided that the first petition was not revoked and the visa number is current for the second petition. In this transfer of I-485, priority date may or may not be transferred depending upon the nature of the two petitions. If the two petitions are in EB-1, EB-2, or EB-3, the priority date will also be transferred. If the two petitions include EB-1/EB-2/EB-3 and Family Petition or EB-4 or EB-5, the priority date cannot be transferred between these two petitions, even though the pending I-485 application can be transferred between these two petitions. Simply put, "transfer of I-485 between two petitions" means he/she does not have to refile I-485 application to use second petition, while the rule of priority date retention defines the transfer of the priority date among EB-1, EB-2, and EB-3.

it may help you.............

thank you sir, but do you know if it is valid for an approved petition (140) only ?

in other words, will my feb 2003 485 based EAD be valid ?

 

[A0001]

Could you post detail in detail about cases.

 

[bazuka6]

Could you post detail in detail about cases.

Sub labor PD (Used for 140 ) : 01 Feb 2003
140 ND : Dec 17 2004 (concurrently filed )
140 Intent to Deny : Oct 12 2005
485 ND : Dec 17 2004 (pending retrogression)

Own Labor PD : 06 Feb 2003
Labor approved : Aug ' 05

Now i want to substitute 485 from the top case into the 140 filing for bottom case

Any help greatly appreciated

 

[bunny01]

Guys,

My 140 was denied on 9/20/05. Appealed on 10/19/05. When i was checking my Online status, i saw that the LUD on just my I-485 changed to 10/26/05. my wife's 485 and my 140 LUD did not change. they remain the same.

Any idea as to what is happening?

 

[bazuka6]

No, you can't transfer the 485 to the new 140. You would only be able to do this if the priority date of the first 140 is current. This is pretty clear.

what was the NOID?

Thanks Boss, but with retrogression then , the interfiling rule is useless really..

the NOID is that Ordinary income + current assets - Current Liabilities is less than proffered wage..

Will accrual basis tax return help ? I tried to call you at the 614 # but no response

 

[shaisha2]

Does this have any impact on pending AAO cases? Does the appeal wait time reduce?

Washington: A proposal to raise the annual quota of H1B visas, which will give more Indian professionals a chance to work in the US, received a major boost in the US Congress with the Senate Judiciary Committee voting overwhelmingly in favour of raising the its cap from 65,000 to 95,000.
During an Executive Business Meeting for the Senate Judiciary Committee on October 20, Senator Arlen Spectre proposed adding 60,000 to the cap, but the committee instead chose to support Senator Diane Feinstein's amendment adding 30,000 H1B visas to the cap.
The number of green cards, officially known as Employment Based Immigrant Visas, would be increased through a change in language regarding who is applicable for it, according to the US-India Business Alliance, a group of Indian and American businessmen which is backing the proposal for raising the H1B visa cap.
Under current law, spouses and children of green card holders count towards the cap, but the committee proposed that to change this so that spouses and children did not count towards the cap.
This proposed change will result in a significant increase in the number of available green cards.

 

[sanbaj]

Estimated current time for appeals?

My substituted labor was rejected last month on A2P and was appealed at AAO the same month. National Benefits processing Center dates website (https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?) says the current processing date is Oct/31/2003. Does anybody have any estimate of the time it is actually taking the AAO office to process the appeal application?
Thanks in advance!

 

[bunny01]

can somebody please respond to this... why would the LUD for 485 change even tho the 140 was reappealed, its LUD doesnt change?

Guys,

My 140 was denied on 9/20/05. Appealed on 10/19/05. When i was checking my Online status, i saw that the LUD on just my I-485 changed to 10/26/05. my wife's 485 and my 140 LUD did not change. they remain the same.

Any idea as to what is happening?

 

[atulh]

can somebody please respond to this... why would the LUD for 485 change even tho the 140 was reappealed, its LUD doesnt change?

=========

With the I140 denied, all subsequent applications are denied, so the I485, I765(EAD) and I131(AP) all get denied and rejected.

The change in LUD would mean you should shortly expect the denila letters for the pending applications, even if you ahve reappealed and your case is pending in AAO.

Sorry Buddy to relay this bad news. I have gone through this and letting you know the facts

 

[bunny01]

Hi Atulh,

thanks for the info. Actually, i got denial letter for all EAD's, AP's 485's for me and my wife and for 140 also back in Sept. LUD's for all changed as well.

We reappealed 140 and 290b on 10/19. and the LUD for just my 485 changes which is very unusual. not sure what's happening...

=========

With the I140 denied, all subsequent applications are denied, so the I485, I765(EAD) and I131(AP) all get denied and rejected.

The change in LUD would mean you should shortly expect the denila letters for the pending applications, even if you ahve reappealed and your case is pending in AAO.

Sorry Buddy to relay this bad news. I have gone through this and letting you know the facts

 

[A0001]

What happened to his case after LUD? I never saw his update on AAU decision. Any one has any idea.

There is prediction for Adoptive decision from AAU for these educational issues.

Please share here any AAU experiences.

Thanks

Hi All,
My LUD for I-140 and I-290B changed to 10/03/05 from 09/01/04. The AAO received this case on 08/25/04. I did not looked at the USCIS system for a long time now. The status message remains the same old one.
My fingers are crossed.

 

[bunny01]

A0001,

what does "Adoptive decision from AAU" mean?

What happened to his case after LUD? I never saw his update on AAU decision. Any one has any idea.

There is prediction for Adoptive decision from AAU for these educational issues.

Please share here any AAU experiences.

Thanks

 

[bunny01]

guys,

i just got my receipt notice for I-797C (case type# I290b). It says the following:

"Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on October 24, 2005. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete"

Does this mean, it is in AAO or with NSC?

Please help me understand.

 

[july140]

bunny,
Its with NSC still. They have received mine on the Sep 12th but still no LUD change. They will send it to AAU if they do not see any change to approve your case..

 

[A0001]

july140,

I'm talking to one guy his MTR received to NSC on September 14, 2005.

Try to track this things...

only you have to get some luck in servece center only.
if it moves to AAU..then no meaning wait for this things.
So far...AAU NOT accepting any 3 years courses.



bunny,

DO NOT waise to wait and spend time to follow up this.
try to find other alteranatives.
I was looking this forum fast couple of years...NO one got positive news from AAU.

These people are like ABHIMANYA in Padmayuha of Mahabarath.




All the best....

bunny,
Its with NSC still. They have received mine on the Sep 12th but still no LUD change. They will send it to AAU if they do not see any change to approve your case..