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

hi i am a new entry.my case
labour approved feb04
EAD and AP MAY04
I140 AND I485 APPLIED MARCH04
I140 AND 0485 denied apr05 due to evaluation mix up on 4 yr degree +iy comp diploma=BS here.so MTR/APPEAL sent on before may2,05.no news Lawyer sent new evaluation and explanation why before evaluation was wrong.
when will we get ant receipt no and what r the chances.very worried.
 
sunil4791 said:
Hi Folks,

Just wanted to share with you all regarding my experience with the denial. Please find my case details below.

EB3 Labor Substitute Case LC 2002
140/485/EAD RD Dec 29th 2004
140/485/EAD ND Jan 14th 2005
EAD AD: Feb 17th 2005

i-140/485 - Denied - March 16th 2005 - Ability to pay wages
i-140 - Motion to reconsider applied - RD April 19th 2005 & ND April 21th 2005
i-140 Approved and 485's were reopened - May 13th 2005

Couple of tips:
1. Make sure when to send the requests to reopen the 485 along with i-140 and include 110 dollars each.
I have to send 330 dollars(110 (i-140), 110(485 for myself), 110(485 for my wife)).
2. United Nations postings have been a great help in preparing the appeal. We have used the following points to prove our case.
i) Explained the concept of non-cash depreciation and amortization expense deductions
ii) Show external expenditure spent by the company for other purposes(out-sourcing). This could help prove that the employer could have used this to pay wages.
iii) Explain the Capitol Loss Carryover
iv) Some Case References
v) Company's Bank Balance Statements through out that period
vi) Line of credit statements from banks during that period
vii) Prorate the salary depening on the labor's application date.

I sincerely wish you all the best.

Good Luck
Sunil
Click to expand...
Congrats Sunil can you tell us what was your recipt date & what is your processing center Sunil
 
140 Denied

Hi,
I think it's my turn now to suffer. My 140 got denied due to AP, and my company is preparing MTR. In this thread some one mentioned about referring cases like below in the MTR:
Matter of Maysa, Inc.
98 - INA - 259
Matter of Arkaadia, 98-INA-107

what are these? Where can I find these cases?
Also, can anyone post a link to the famous "yates Memo"?
Someone please Help...
 
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LCNov01 said:
Hi,
I think it's my turn now to suffer. My 140 got denied due to AP, and my company is preparing MTR. In this thread some one mentioned about referring cases like below in the MTR:
Matter of Maysa, Inc.
98 - INA - 259
Matter of Arkaadia, 98-INA-107

what are these? Where can I find these cases?
Also, can anyone post a link to the famous "yates Memo"?
Someone please Help...
Click to expand...
In replying to ability to pay, Administrative decisions are referred to make your argument stronger. You can find these decisions at following links:

All decisions:
http://uscis.gov/graphics/lawsregs/admindec3/index.htm
Then click on 'Skilled Workers, Professionals, and Other Workers' (or any other classification), then select the year and you can find all the published AAO decisions for that year. E.g. 2004 is:
http://uscis.gov/graphics/lawsregs/admindec3/b6/2004/index.htm
Click on individual case to open up the pdf.

Read the following thread to educate yourself about ability to pay issue and how to overcome it:
http://www.immigrationportal.com/showthread.php?t=137088

This is the link to original Yates memo:
http://www.immigrationportal.com/attachment.php?attachmentid=11304

This is the new AC-21 Memo:
http://www.immigrationportal.com/attachment.php?attachmentid=12510
 
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EricS

Is there any reference to administarative decisions on inadmissability isue like EOS COS?
 
akatu said:
Is there any reference to administarative decisions on inadmissability isue like EOS COS?
Click to expand...
Sorry I do not know of any such decisions. You may have to lookup on the links I provided. I know it is time consuming.
Try one thing, send an email to UnitedNations on his email address, he may have already researched it. See ability to pay thread for his signature, it has his email address.
 
I-140 Approved after filing only an appeal

Hi All,

I am a silent follower of this forum and wanted to share my experience with you guys.

My I-140 was denied because of A2P on March 15th 2005.I was given only 18 days to appeal the case.My lawyer went for just an "Appeal" with form I290B on April 1st, 2005.Today(May 31st) at 11 am i got an email from USCIS that my case was opened on BCIS motion and then at 3 pm i got another email saying that my I-140 is approved.I was really happy to see the magic emails.
290B message still remains the same that " notice of appeal to commisioner has been received on April 6th...) Thanks to all who motivate people from this forum.I am really happy to be a part of it.

Also when my I-140 had got denied, my I-485 did not get denied, i mean i did not get any denial letter for 485 for myself and my spouse.The message on my and my spouse's 485 says " you FP has been received on May 3rd and the case is in progress".

Like others 485 message has not changed at all for myself and my spouse.

Can you please advice me that whether I should reopen my and spouse's 485 by filling up the form I290B, or shud i call up cust rep.

The reason is that myself and my spouse's 485 was not denied, so still do we need to file for Reopeing the cases ??Please let me know...

All the best who are in the same boat. I truly wish them good luck.
 
hi sd2004,
congrats and happy for u.generally when i140 is denied it goes to lawyer and i485 deniel comes to you.ur spouse case will not be opened till u get i140 approved.so was urs concurrent filing then u must have missed the letter since online resource doesnot change at all for a long time.
our case was denied too but i485 deniel came thru same time lawyer got out i140 deniel letter on apr2.we have filed for our MTR/appeal.waiting for reopen.
 
May be attorney sent 290A too

Congratulations!

May be your attorney sent a covering letter (Threre is no form as such 290A now) requesting CIS to reopen/reconsider along with 290B. CIS may have considered reopen request. Could you please give us all the message on your 140 and 290B from the day you filed appeal?

If you could provide full details about your case,it would be hightly helpful to others who are in same boat.

sd2004 said:
Hi All,

I am a silent follower of this forum and wanted to share my experience with you guys.

My I-140 was denied because of A2P on March 15th 2005.I was given only 18 days to appeal the case.My lawyer went for just an "Appeal" with form I290B on April 1st, 2005.Today(May 31st) at 11 am i got an email from USCIS that my case was opened on BCIS motion and then at 3 pm i got another email saying that my I-140 is approved.I was really happy to see the magic emails.
290B message still remains the same that " notice of appeal to commisioner has been received on April 6th...) Thanks to all who motivate people from this forum.I am really happy to be a part of it.

Also when my I-140 had got denied, my I-485 did not get denied, i mean i did not get any denial letter for 485 for myself and my spouse.The message on my and my spouse's 485 says " you FP has been received on May 3rd and the case is in progress".

Like others 485 message has not changed at all for myself and my spouse.

Can you please advice me that whether I should reopen my and spouse's 485 by filling up the form I290B, or shud i call up cust rep.

The reason is that myself and my spouse's 485 was not denied, so still do we need to file for Reopeing the cases ??Please let me know...

All the best who are in the same boat. I truly wish them good luck.
Click to expand...
 
I never got a denial letter for I-485 for myself and spouse.Neither did my lawyer.Messages for I-485 remains the same after today's approval.

Mine was concurrent filing.

Please advice me that whether I should reopen my and spouse's 485 by filling up the form I290B, or shud i call up cust rep.

Here are my details.
_________________
EB3 PD:02/2004
140/485/EAD/AP RD:08/31/2004 ND:09/04/2004
EAD/AP Approved-09/15/2004
140 Denied on 3/18/2005 :mad:
Appeal Filed on 4/01/2005
FP Done on : 03/24/2005
I-140 AD-05/31/2005 :)
I-485 (Mine) -FP Lud's changed on (05/03/2005)
I-485 (Spouse)- FP Lud's changed on (05/03/2005)
 
There was a covering letter but it not mention anything like reopening or reconsider.The application type was purely an "Appeal"

Here are the mesaages as of today
********************

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

On May 31, 2005, this case was reopened on a BCIS motion, and the case
is now in process. It is taking between 90 and 485 days for us to
process this kind of case. We will mail you a decision as soon as processing
is complete.

********************
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

This case has been approved. On May 31, 2005, an approval notice was
mailed. If 14 days have passed and you have not received this notice, you
may wish to verify or update your address. To update your address,
please call the National Customer Service Center at (800) 375-5283.

********************
Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On May 3, 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.


********************
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on April 5, 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.


Here are my details.
_________________
EB3 PD:02/2004
140/485/EAD/AP RD:08/31/2004 ND:09/04/2004
EAD/AP Approved-09/15/2004
140 Denied on 3/18/2005
Appeal Filed on 4/01/2005
FP Done on : 03/24/2005
I-140 AD-05/31/2005
I-485 (Mine) -FP Lud's changed on (05/03/2005)
I-485 (Spouse)- FP Lud's changed on (05/03/2005)
31st May 2005 05:29 PM
 
From my nderstanding from this forum..

From my understanding from this forum, you need not do anything to reopen your cases. Generally attorney requests CIS to reopen all collateral apps while applying for reopen/appeal 140. If it is the case then nothing to be done from your side. The collateral apps get reopened on their own and approved pretty soon.
Find out with your attorney. Also Unitednations knows all the inricacies of appeals. You request him to guide you.

is there Ony one message change (both on 140 & appeals) after you applied for appeals or twice? Could you please give us the actual message showing on your both of the files?

sd2004 said:
I never got a denial letter for I-485 for myself and spouse.Neither did my lawyer.Messages for I-485 remains the same after today's approval.

Mine was concurrent filing.

Please advice me that whether I should reopen my and spouse's 485 by filling up the form I290B, or shud i call up cust rep.

Here are my details.
_________________
EB3 PD:02/2004
140/485/EAD/AP RD:08/31/2004 ND:09/04/2004
EAD/AP Approved-09/15/2004
140 Denied on 3/18/2005 :mad:
Appeal Filed on 4/01/2005
FP Done on : 03/24/2005
I-140 AD-05/31/2005 :)
I-485 (Mine) -FP Lud's changed on (05/03/2005)
I-485 (Spouse)- FP Lud's changed on (05/03/2005)
Click to expand...
 
Does AAO follow FIFO?

Unitednations,
The above case is very interesting. They applied ony for appeal (eb3 case) and their case got approved within 2 months while actual time lines are showing 14 months.

My question is: does AAO follow FIFO for all service centres together or seperately, if at all they follow?

You know that my case(EB2) is pending with AAO for almost 4 1/2 moths now .

Do you have some statistics to solve this puzzle?
 
Yes I-140 had only two messages which changed on May 31st(Today) from bcis motion.... to approval.....

Also 290B message remains the same, but LUD for 290B got updated to today's date(May 31st).
 
Are you from retrogressed country?

If your are not from retrogressed countries(PIC) ,as you belong to EB3, then your 485s would be reopened and approved pretty soon. Otherwise, as your PD from your signature suggest, you have to wait until visa numbers are current for your PDs.

sd2004 said:
Yes I-140 had only two messages which changed on May 31st(Today) from bcis motion.... to approval.....

Also 290B message remains the same, but LUD for 290B got updated to today's date(May 31st).
Click to expand...
 
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