What can I do if never my sponsor received the Notice of intent to revoke I-140?

S

Stella-Maria

Registered Users (C)
This is my situation.

My case was transfered to Hartford on Oct. 2002 for the interview.
My I-140 was approved on Oct., 2000

The day of interview on March 1/2004, the officer in Hartford ask me for more evidences, I am belong Schedule A and my I-140 was approved in category EB-2 without LC, my lawyer sent to him the explanation but he sent my case to Vermont Service Center.

After 9 months I never received any notice, my lawyer knew for a congressman that VSC had sent to my sponsor on June 29/2004, the letter with Intent to revoke the I-140 but my sponsor never received that notice. More than one time I asked to my lawyer about my case and she always said: "We have to wait, now the case is between Hartford and Vermont y we can't do any thing".

After that bad notice I sent "inquire Status" to Vermont and Hartford, I even don't have any answer. Now my lawyer said that we need to sent "motion to reopen" and she thinks I would to start a new I-140 with LC and now with my current employer, but my question is: If we don't know about the reason the Intent to revoke the I-140 and my case is still open, how can we ask for "motion to reopen".
If we did not send the RFE within 30 day after that letter, is easy to get that motion to reopen?
I read about "Fistland Case", my sponsor is in NY and I live in CT, can I use that case immediately before VSC will revoke the I-140? or anyway, do I need to do step by step, and I have to wait until I receive any update for my case?
Can we say or can we understand that the Court Federal decision in Firstland Case is like a new law for NY,CT and VT?

Thanks for your opinions.
 
Unitednations, thanks for your answer.

Now, I am in the same situation, I did not have any update after I have done the "status inquire" to Vermont. I have note received any Notice of revocation of I-140 either notice of denial I-1485.

I have asked to 3 different lawyers and any of them knew anything about "Firstland Case" and even when I showed it them at least to my current lawyer think that case is not important, she and her partner in her office (another lawyer) said that I need first "Motion to reopen" and they think I should start a new process with my current employer but first, they said, I need the Labor Certification. I never have worked with my sponsor and actually I have been working with another company almost 5 yers ago in the same position filled in the I-140.

My questions is: If we can use "Firstland Case" why they want to begin a long process with LC ?

Anyway I will contact to "statusquery" and "on_gc_train", again thanks for your support.
 
Stella-Maria said:
I have asked to 3 different lawyers and any of them knew anything about "Firstland Case" and even when I showed it them at least to my current lawyer think that case is not important, she and her partner in her office (another lawyer) said that I need first "Motion to reopen" and they think I should start a new process with my current employer but first, they said, I need the Labor Certification.
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Talk to either Rajeev Khannas (http://www.immigration.com) office or Law Office of Sheela Murthy (http://www.murthy.com).
 
Unitednations, thanks. The Schedule A, says:

§656.10 Schedule A.

The Director, United States Employment Service (Director), has determined that there are not sufficient United States workers who are able, willing, qualified, and available for the occupations listed below on Schedule A and that the wages and working conditions of United States workers similarly employed will not be adversely affected by the employment of aliens in Schedule A occupations. An alien seeking a labor certification for an occupation listed on Schedule A may apply for that labor certification pursuant to §656.22.

SCHEDULE A

(a) Group I
(1) Persons who will be employed as physical therapists, and who possess all the qualifications necessary to take the physical therapist licensing examination in the State in which they propose to practice physical therapy.
(2) Aliens who will be employed as professional nurses; and (i) who have passed the Commission on Graduate of Foreign Nursing Schools (CGFNS) Examination; or (ii) who hold a full and unrestricted license to practice professional nursing in the State of intended employment.
(3) Definitions of Group I occupations:
(i) "Physical therapist" means a person who applies the art and science of physical therapy to the treatment of patients with disabilities, disorders and injuries to relieve pain, develop or restore function, and maintain performance, using physical means, such as exercise, massage, heat, water, light, and electricity, as prescribed by a physician (or surgeon).
(ii) "Professional nurse" is defined in §656.50.
(b) Group II:
Aliens (except for aliens in the performing arts) of exceptional ability In the sciences or arts including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art In the United States. For purposes of this group, the term "science or art" means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill. An alien, however, need not have studied at a college or university in order to qualify for the Group II occupation.

My I-140 says and was approved as "Member of profession w/Adv Deg. or of Exceptional Ability, Sec. 203(b)(2)

And before Vermont approved it I sent evidences for Schedule A, my profession is: BS in Pharmaceutical Chemistry, in other words I have the criteria in Exceptional Ability in sciences as the Chemistry.

You said that I can't do anything without denial notice of I-485? You know that if they sent Notice of intent to revoke the I-140 (I replied, never my employer received it) the next step should be the Notice to revoke I-140 and then notice to denial the I-485, why do you think I can't fight from now taking the "Firsland Case"?

I have sent e-mails to "statusquery" and "On_cg-train", I am waiting for their answers. I will read about "peptic ulcer".
 
Unitednations and Dazzling:

I want to know your opinion about the suggestion of my lawyer respect to my case, she said:

-. The Law firm agrees to prepare and file Motion to Reopen/Reconsider the Notice of Intent to Deny her I-140 Petition.

-. The Law Firm further agrees to prepare and file Labor Certification Application on behalf of the client without filing Form I-140, Immigration Petition for Alien Worker or Form I-485, Application for Permanent Residence.

-.It is understood and agreed by the Law Firm and the Clients that the fee for services described above shall total $ 5000.00, which is due and payable in two installmens: $ 2500.00 to start, $ 2.500.00 due at filing. This fee does not include any costs advanced by the Law Firm. The costs will include, but are not limited to immigration filing fees, fingerprint or photo fees, evaluation of credencials or other documents, and medical examinations fees. This fee includes 20 minutes of phone conversations or e-mails per week. Any phone calls or e-mails initiated by the client beyond that will be billed at $225.00 per hour.

I don't understand how she can file Application of Labor Cartification without I-140 and she wants for me I-485 again.
 
Stella-Maria said:
I want to know your opinion about the suggestion of my lawyer respect to my case, she said:

-. The Law firm agrees to prepare and file Motion to Reopen/Reconsider the Notice of Intent to Deny her I-140 Petition.
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They are charging this for doing a MTR on the existing 140/485.
-. The Law Firm further agrees to prepare and file Labor Certification Application on behalf of the client without filing Form I-140, Immigration Petition for Alien Worker or Form I-485, Application for Permanent Residence.
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This fees is for filing a new Labor petition.
-.It is understood and agreed by the Law Firm and the Clients that the fee for services described above shall total $ 5000.00, which is due and payable in two installmens: $ 2500.00 to start, $ 2.500.00 due at filing. This fee does not include any costs advanced by the Law Firm. The costs will include, but are not limited to immigration filing fees, fingerprint or photo fees, evaluation of credencials or other documents, and medical examinations fees. This fee includes 20 minutes of phone conversations or e-mails per week. Any phone calls or e-mails initiated by the client beyond that will be billed at $225.00 per hour.

I don't understand how she can file Application of Labor Cartification without I-140 and she wants for me I-485 again.
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This next set of fees looks a little bit high. Provided that your MTR is denied and then your new labor is approved, you will have to file a new 140 and 485 based on that labor. They are saying that they will charge extra for this.

Personally, I think this is a little bit on the higher side. If you can change your lawyer, you probably should do so, but I dont know. I have sent you a PM with some recommendations.
 
Dazzling, Unitednatios, I have news:

Just today I checked on line and I found this notice:

Case Status
Receipt Number: EACXXXXXXXXX501

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

Current Status:

On May 17, 2005, your I485 Application to Register Permanent Residence or to Adjust Status was received here for processing. It is taking between 365 and 540 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

My question is: What can I do now? I can see the time they said (365-540 days) but if you read my first post you'll see that my case was transferred to Hartford on Oct. 2002; I had my interview on March 2004 and now my case is again in Vermont. It was to much time and so long......

One more thing, now I can think my initial lawyer lied me and finally she wanted more money innescesarily, can I do some Vs. her?

Thanks for your answer.
 
Stella-Maria said:
Just today I checked on line and I found this notice:

Case Status
Receipt Number: EACXXXXXXXXX501

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

Current Status:

On May 17, 2005, your I485 Application to Register Permanent Residence or to Adjust Status was received here for processing. It is taking between 365 and 540 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

My question is: What can I do now? I can see the time they said (365-540 days) but if you read my first post you'll see that my case was transferred to Hartford on Oct. 2002; I had my interview on March 2004 and now my case is again in Vermont. It was to much time and so long......

One more thing, now I can think my initial lawyer lied me and finally she wanted more money innescesarily, can I do some Vs. her?

Thanks for your answer.
Click to expand...
Is this message after you filed for MTR?
 
Dazzling, thanks for answer me:

You asked me: Is this message after you filed for MTR?

I never filled MTR because I did not know any thing about my case, I knew some trough a Congresswoman and the first official notice after my interview in Hartford on March 01/2004, was:

"From: Congressional, VSC
To: Congresswoman
Sent: April 01, 2005

Subject: (My name)

The cases are back in our adjudications area as 3/31/05----recheck in approximately 30-60 days"

They said "the cases" because we are 5 and we were waiting for the I-485: My husband, my three kids and me.

The Congresswoman said me that we need to wait and now after 15 days the Last Up date I checked on line and I found that notice. The Congresswoman never callback to me and that new was a big surprise for me and really I don't understand what is happening, may be Vermont will take a favorable decision or........I don't know.
 
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