VSC I-140 Denied MTR Sent and waiting for response TRACKER

[epurappad]

Motion to Reopen I-485

just gone thru.

Hello,

My I-485 was denied due to abandment even though i never received an interview letter. I filed Motion to reopen with the help of an attorney 2 weeks back and 3 days back my cheque of 385 was enchashed by the USCIS. can you please tell me when i can expect the interview call and how long this process will continue. i will be out of status in a week and they mentioned in the denial letter the ead will expire in 2 weeks that is over now. Is it can work now as they enchased the cheque for MTR or i need wait for any letter from USCIS. I have't received any letter from USCIS after the cheque is enchased.

I am really worried as i am not receiving any notice or information from USCIS about my case status.Please help me with ur expereince.My email is epurappad06@yahoo.com

Many Thanks

 

[dimpi]

Once they reopen the case, they make an early decision. If not, you can ask for premium processing once the case is reopened.

erics, do you know if the applicant is in legal status while waiting for appeal for 140 if he is on EAD.

140/485 filed but 140 denied and file for appeal.

thanks

 

[EricS]

erics, do you know if the applicant is in legal status while waiting for appeal for 140 if he is on EAD.

140/485 filed but 140 denied and file for appeal.

thanks

First of all, EAD does not give you legal status, pending 485 (AOS) does.

IMO
When 140 is denied, the dependent applications 485/EAD/AP are also denied (does not matter if you received the denial notice for those or not). The applicant is not in legal status until 140 is reopened and approved.

So, if the appeal is accepted and 140 is approved, then you are considered in legal status just like nothing has hapened. But, if your appeal is rejected, then you are considered out of status from the date of original denial of 140 and not just from the date of denial of the appeal.

 

[Ramakrishna58]

Priority date

Hi EricS,

My second I-140 got denied yesterday on same ground of 3 years education issue.My appeal against first I-140 denial is still at AAO and waiting for result.
I just filed PERM with great sorrow in Nov' 2007.
Please advise me,
" By any chance I can get benifites of my old priority dates of 2002 as now I am filling new labor/PERM in 2007/8".
Another paining is my son will turn to 21 next month and I am forced to transfer him in to F-1.
Your advise will be appreciated.
Regards,

Ram
(Joan327@hotmail.com )

First of all, EAD does not give you legal status, pending 485 (AOS) does.

IMO
When 140 is denied, the dependent applications 485/EAD/AP are also denied (does not matter if you received the denial notice for those or not). The applicant is not in legal status until 140 is reopened and approved.

So, if the appeal is accepted and 140 is approved, then you are considered in legal status just like nothing has hapened. But, if your appeal is rejected, then you are considered out of status from the date of original denial of 140 and not just from the date of denial of the appeal.

 

[EricS]

Hi EricS,

My second I-140 got denied yesterday on same ground of 3 years education issue.My appeal against first I-140 denial is still at AAO and waiting for result.
I just filed PERM with great sorrow in Nov' 2007.
Please advise me,
" By any chance I can get benifites of my old priority dates of 2002 as now I am filling new labor/PERM in 2007/8".
Another paining is my son will turn to 21 next month and I am forced to transfer him in to F-1.
Your advise will be appreciated.
Regards,

Ram
(Joan327@hotmail.com )

Sorry to hear about the denial. Unfortunately, you cannot use PD of old LC untill the 140 for that LC is approved. Just hope your PERM gets thru fine. Then go ahead and file 140 on PERM LC also. I am not too sure, but I think if your 140 that is currently at AAO gets approved after you file 140 on PERM LC, you can still transfer the PD to new 140 if you want.

 

[vectorP]

USCIS' Regulations for Issuing a Request For Evidence, and How to Make a Decision of Approval or Denial

The following rules are from the USCIS internal regulations and memos for issuing RFE and reviewing the RFE response:

1) A RFE is most appropriate when a particular piece or pieces of necessary evidence are missing, and the highest quality RFE is one that limits the request to the missing evidence. Generally it is unacceptable to issue a RFE for a broad range of evidence. The "broad brush" RFEs tend to generate "broad brush" responses that overburden petitioners, over-document the file, and waste examination resources through the review of unnecessary, duplicative, or irrelevant documents. http://www.greencardapply.com/rfe/rfe_about2.htm

2) While it is sensible to use well articulated templates that set out an array of common components of RFEs for a particular case type, it is not normally appropriate to "dump" the entire template in a RFE; instead, the record must be examined for what is missing, and a limited, specific RFE should be sent, using the relevant portion from the template. The RFE should set forth what is required in a comprehensible manner so that the filer is sufficiently informed of what is required. If a filing is so lacking in initial evidence that a "wholesale" RFE from a template seems appropriate, an adjudicator should confirm this with a supervisor before doing so.

3) It can be helpful to petitioners to articulate how and why information already submitted is not sufficient or persuasive on a particular issue. Petitioners can become confused and frustrated when they receive general requests for information that they believe they have already submitted. The effort it takes to assess existing evidence helps either to spur the petitioner to provide persuasive evidence, or to form the basis of a convincing denial notice in the absence of such new evidence.

4) Upon receipt of response to a RFE, an adjudicator should review all relevant evidence, which may include evidence previously submitted and now supplemented. It is not normally appropriate to review the response without reference to the existing record. Normally, it should be appropriate to approve or deny a case without further RFE. Sometimes, however, a RFE response opens a new line of inquiry requiring a new RFE. In other cases, a RFE response may provide the missing initial evidence, but now the combined record requires notice to the petitioner why the record appears unpersuasive, so that a Notice of Intent to Deny (NOID) is required. It should be rare to follow a NOID with a new RFE or NOID, rather than approval or denial.