Written Decision

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ravali14

Registered Users (C)
Hi,
I have applied for my& my spouse I-140, EAD, AP and I-485 at NSC and today when I have checked the Status Online it says "A written decesions has been mailed to you...If 14 days have passed and you have not received this notice, you may wish to verify or update your address". I have the same message for all the above petitions which is really strange to me. Can anybody had this kind of situation earlier. Please Advise...

I-140 RD 07/23
I-485, EAD, AP RD 10/01 and ND 11/01
 
ravali14

>ravali14
>I-485, EAD, AP RD 10/01 and ND 11/01

First was your I-140 was approved before you applied for I-485?

Second is your RD is 10/01/01 or 10/01/02?

Thanks for the info.
 
I am sorry...
I-140 RD 07/23/2002
Mine is not concurrent filling and my I-140 is not Approved yet.

I-485, EAD,Adv.Parole RD 10/01/2002
ND is 11/01/2002.

I am waiting for my I-140 approval and above is the status message that I see today.
 
ravali14

Just to clear some things here. Your case comes under concurrent filing. Concurrent filing doesn't mean that the I-140 and I-1485 petitions should be mailed together or filed together. Even if you use I-140 case receipt at a later stage to file I-485, it comes under concurrent filing i.e as long as you file I-485 before your I-140 approval, it comes under cocurrent filing.

Coming to the messages for all the pending cases, it's pretty much clear that something happened with your I-140 petition which automatically triggered those messages with EAD, AP & I-485 also. It could be possible that your lawyer might have checked the wrong category under part 2. (EB2/EB3) etc... while filing I-140 where as your labor petition stated something else based on your degree and experience. Unless you work with a company like World Com which laid off many employees and still filing GC, you should be able to file the petitions again after the lawyer makes the corrections. Your message posted here wasn't clear if you saw all those status message after you responded to some RFE on I-140. If those status messages were showing after RFE, then your situation is very complicated. If you did not receive any RFE before you saw those messages, then as I said, your lawyer did not file the I-140 papers correctly. In that case, you are still eligible to file again with corrections. Good luck.
 
Thanks for the response GCARD2002. Actually my I-140 comes under Concurrent Filing as I applied my I-485 with I-140 Receipt. Coming to the status messages, I haven't got any RFE earlier and this is the first time I got this message. The only concern I have at this time is "is it RFE or Denial Notice". What are the chances of this message to be a Denial Case? I hope it is not. I have filed everything fine and I come under EB2. Does INS will give a chance before rejecting a case?
 
ravali14

When INS sends an RFE, they would normally post a message saying that they mailed a letter requesting additional material and the letter explains what is required. They wouldn't use the word 'Written decision', which normally indicates final decision on the case. That is for sure. The other way to realise that it is not an RFE is that, you won't see the same status message for I-485, EAD and AP if they issue RFE for I-140. They should continue to show the same message "we received your I-485 on so and so and it is taking so and so days etc....." until you respond back to their RFE. Mine is concurrent filing and my I-140 came for RFE too but it didn't change the messages for other petitions. My I-140 was eventually approved, then EAD and AP approved within 15 days after that.

Most likely, your lawyer messed up your I-140 petition. The positive side is, since you had that message even before they issued RFE, it means, you can file it again with corrections. It's unfortunate that you will loose time and money, if INS has already cashed the checks.
 
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