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alnark71's Immigration Cases

First of all, I'm not a lawyer and if there's something I've learned during this last 4 years and my 3 I-140 cases, is that if you're not OK with your lawyer, get a new one unless you really are working as a team as in my case. Of course in my case, my lawyer didn't charge me neither for the second nor for the third time, though I must say that I lost many opportunities in the process.

Anyway, regarding your case, my suggestion (following my own experience) would be to file a new I-140 as EB 2, but mentioning the lawyer's mistake on the already approved EB 3. That should be the shortest way.

If you start the whole process again from scratch (PERM and then I-140) you'll loose a lot of time.

The other good thing, important to mention, is that my lawyer never retrieved the EB 3 already approved by USCIS. My lawyer did it that way considering a possible risk of problems with the new EB 2. Having the EB 3 as back up will give you the peace of mind that worst case scenario is just having to wait another 5 or 8 years waiting for your Green Card, but keeping your status as legal.

Best Regards,

Hello rkreddy7881,

In my case it was my lawyer's mistake which originated all my problems. My lawyer made the mistake twice, first in 2006 and again in 2007 when we had to start all the process over again.

On the last time it was just a typo where instead of marking proffessional with advance degree in one of USCIS forms, my lawyer just marked proffessional. Then USCIS approved my case as EB 3 even though all my back up docs where for EB 2.

After that my lawyer had to send a letter recognizing the error and at the same time that all the explanation was sent we decided to start the process for the third time but backing everything up with the documents sent for the second process.

Thankfully USCIS understood the error and approved my latest I-140 process, not before requesting a couple of RFIs making sure there where no changes comparing it to the second process. Six months after that I got my Green Card.

But boy it was a lengthy process.

Wish you all the best. Merry Christmas

For all my family.

It's been a long and tortuous process. But it's almost over now.

Wish you luck.

Best Regards

DEAR ALL....

A COUPLE OF MINUTES AGO, I GOT THE WELCOME NOTICE TO PERMANENT RESIDENT FOR ME AND MY FAMILY.

I HAD MANY BAD EXPERIENCES WITH THE PROCESS INCLUDING SOME MISTAKES MADE BY MY LAWYER.

I WANT TO THANK ALL OF YOU WHO'VE BEEN GUIDING ME AND HELPING WITH YOUR OPINIONS AND SUPPORT. (ANYONE INTERESTED IN MY CASE CAN READ AND STUDY MY THREAD:

http://www.trackitt.com/usa-discussion-forums/i...

I SHOULD BE RECEIVING MY CARDS IN AROUND 60 DAYS.

THANK YOU ONCE AGAIN TO ALL AND WISH YOU THE BEST OF ALL LUCK

DEAR ALL.........GREAT DAY FOR ME AND MY FAMILY!!!

I JUST GOT THE WELCOME NOTICE FOR NEW PERMANENT RESIDENT OF THE UNITED STATES OF AMERICA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

EVERYTHING WORKED OUT FINE.....AT THE END EVERYTHING HAS A SOLUTION EXCEPT DEATH.

I WANT TO THANK YOU ALL FOR YOUR CONSTANT HELP AND BEST WISHES.

IN AROUND 60 DAYS I SHOULD BE RECEIVING MY CARD AND MY FAMILY'S

THEREFORE I DON'T SAY GOOD BYE, JUST SEE YOU SOON.

BEST REGARDS

Dear all....

Today I got a new SLUD. This time on all my I-485 cases...... I'm very anxious and nervous. I try to calm down but the day is getting close...I can feel it. I'm ready for good and bad news, but still the feeling is tough to control.

I think that in the next couple of days I'll have the final letter.

I'll let you all know.

best regards,

Dear all....

This is a very happy day.

I was right yesterday. I got my famous and complicated second I-140 EB2 A P P R O V E D !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! as of yesterday OCT 1 2009.

My lawyer after all her b.. s... took the best decision to solve her mistake.

Now for the I-485 I have a letter saying that on or before OCT 31 2009 USCIS will send an answer. I'll let you all know.

Just for the record, what happened to me could happen again. So anybody in the same boat must know that there's a solution for I-140 lawyer erros, which of course do not guarantee I-485 approval.

Best Regards

Dear all....

Today I got a new SLUD on my I-140 EB2 case. It's getting very very close.

Best Regards

Hello all...

Just to keep you post it...I'm suppose to wait until OCT 31 2009 in order to get a final decision from USCIS regarding my I-140 and I-485 cases.

This has been the longest month ever and I still have another 31 days to go unless I get something before.

At this point of my process, I still don't know what is going to happen to my already approved I-140 EB3 in case my I-140 EB2 gets denied.

Anyway...I'll let the Supreme guide me in the process.

Best Regards,

Dear all...

As of today, SEP 17 2009, my RFE responses for all my cases - second I-140 EB2 and my 3 I-485s - have been received by USCIS (I140 on SEP 1 and I-485 on SEP 14). I've been getting SLUDs on a daily basis since receipt of RFEs responses.

I'm trying to stay calm even though I'm aware of the huge importance of USCIS response in my life.

Soon I'll let you know the END of my story.

Best Regards and good luck to all

Hello oracle 12.

At one point I thought I was the only one with that dumb lawyer mistake. As you have read my posts, I've already filed responses for I-140 RFEs (the second one which is EB2) and for I-485.

Nobody, not even my lawyer neither her other colleagues from different law firms, have been able to let me know what happens with the already approved I-140 EB3 in case USCIS denies the petition for my second I-140 EB2. Some people just told me that in the worst case scenario (denial of EB2) the already approved EB3 I-140 could be my lifesaver, even though that would mean that I would still have to wait a couple of years until there's VISA available for EB3.

Anyway I'm less than 30 days from knowing the answer from USCIS.

I'll keep you post it.

I would really like to know what your lawyer or any new lawyer you might get has to say about solving a case like ours. You know what I did.

Best Regards and good luck

Hello all...

Today I got a SLUD for my I-140 case. Seems that they're moving fast. I can barely sleep thinking on the outcome even though I'm ready for any good or bad response.

I believe that soon I will get an answer. Maybe sooner than I ever thought after the RFE response.

I'll keep you all updated.

Best Regards and happy Labor's Day holiday.

Good morning all...

Got email from USCIS stating that they've got the RFE papers sent by my lawyer. Case processing has resumed. They give themselves 60 days to respond.

I'll let you know what happens.

Best Regards,

Hello all.

It's been a week since my RFE papers are on TSC awaiting for officer to look at them.

Any idea on how long an average RFE review could last??

I'm just like a prisoner in the death row, awaiting for the judge to review case and give back freedom.

Best Regards and have a great week.

Hello all.

At this point of time I have to accept that I just trusted my lawyer all this years (total of 4). I didn't ask anybody else until 2 or 3 weeks ago. My lawyer had already sent the new I-140 petition. This new lawyer was very frank in letting me know that my lawyer was inexperienced for everything that happened in the past and even this last and important step.

He said that more red flags would be raised if suddenly this I-140 was withdraw days after filing and getting receipt notice. He also said that once we get an answer from immigration, specially if it was a bad one, I could call this new Law firm and they would take my case from that point.

I have learned the hard way. In the end it's just like doctors, if you're not satisfied with one, look for a second opinion. I didn't do that. But it's kind of late for that. It's good for new people who is starting the process. Check on your lawyers, read the documents and learn as much as you can with the Trackitt friends.

I'm not going to say that I'm hopeless, but I have a tough case with USCIS.

And for my AC21 friend, I do need more info. I want more info ASAP. I'm starting to look to some possible employers and I would like to have something by the beginning of SEP 2009 (next month) I'll probable have an answer from USCIS by then too.

Once again...Thank you very much to all and you'll be the third ones to know about my fate after USCIS and myself.

Best Regards and have a great weekend.

Thank you for your comment InLineLongTime.

If you read the tread since the beginning, LC was filed as EB2, though I-140 was approved as EB3 because lawyer made a mistake in the process. I-140 EB3 was approved without RFE. This second I-140 is the consequence of my lawyer's law firm to try to solve her mistake. Their decision was to file a new case (I-140) instead of withdrawing the already approved I-140. The other important issue that is also on this tread is that my company is in the construction business and construction was good back in 2005-2006 and beginning of 2007. After that construction and real estate went downhill. 2008 was a really bad year.

Anyway...I don't have too many choices. I'm definitely willing to start with a new company. But first I would like to know the answer from USCIS.

Best Regards,

Dear all...

Today I had a meeting with lawyer. She got all the documents available to show that company has the ability to pay. Even though there was a loss in 2008 and also lower sales (read this as US recession). Hopefully USCIS officer will have that on mind too. About I-485 she had all the documents to show we've been always in legal status.

There's nothing else I can do at this point. Impossible to relax or not think on it until I get the answer from USCIS.

The only pending question I asked my lawyer is what happens with the first I-140 which is approved as EB3 and has not been withdraw. Could that be a life saver in case they deny I-140 EB2??? Anybody has any idea??

Thank you very much once again and I'll let you know what happens.

Any idea on how long from answer to RFE and USCIS final decision???

Best Regards,

Dear all...

I got USCIS RFEs,

I-140 : Ability to Pay
Copy of corporation's annual federal tax return
copies of bank account records
payroll records
If company has paid the beneficiary a wage or salary during any of these years, submit evidence of the amount paid.
In addition to the above, please submit evidence of the ability to pay the proffered wages to the beneficiary for year 2009 (WHAT TYPE OF PROVE ????)

I-485: Photocopy of Approval Notices (Form I-797) for all extension and change of status.
A photocopy of the Certificate of Elegibility of Nonimmigrant (F-1)
A photocopy (front and back) of your Arrival/Departure Record (Form I-94)

I don't see major problems with I-485 RFE. Though for I-140 I'm not so sure. My company lost money in 2008, even though they paid me full salary. For 2009 how can the company prove they can pay me? Supplier letters maybe? Customer references? Any projects pending??

Any suggestion, idea or comment is more than welcome. This is my last and only shot for USCIS (at least that's what I think after my learning in Trackitt)

Thank you for your time and responses.

Thank you once again.

I don't know what my attorney sent in back up docs to USCIS. But she said that she filed for a new I-140 EB2 and that she did not withdraw the one approved as EB3.

I'm confused about all this. She said that she asked a couple of more experienced lawyers.

About my I-485s I meant me and my dependents.

About changing company is because my company is going through tough financial trouble and I wanted to apply for AC21.

I have another tread explaining my whole sad story : HELP I'M DESPERATE!! You could read it and get all the details.

I'm just worried that because of this second I-140 (even though it was my lawyer's error) everything gets screwed including my I-485s.

I'll let you know about the RFEs probably beginning of next week.

Best Regards

Thank you for your answer.

Though First and second I-140s are based on same Labor Cert.

Let me elaborate...Labor Cert was filed for an EB2 VISA. Lawyer made a mistake on filing I-140 and USCIS approved first I-140 as EB3.

Because I need to change company ASAP lawyer started a new I-140 case (NO NEW LABOR CERT) I guess based on the first labor Cert. Immediately USCIS sent RFEs not only for the new I-140 but also for my three pending I-485s.

That's why I'm worried about what could happen to first EB3 in case for any reason second I-140 (EB2) is not approved and therefore affects my I-485s.

See if you or somebody else can give me a better opinion with these added facts.

Thanks again.

Member Profile: alnark71 (113 posts)