Topic: LIN072*15*646
hi
just checking if anyone matching the above i-140 petition number is on this site.
if yes can you please tell us about your PD/RD etc?
thanks |
Topic: AC21 485 denied what to do?
i think you should be fine as well.
though, i dont understand why the status on the i-140 was changed to "denied"!
but either way:
1. send proof of when you left the company.
2. relevant sections from AC21 law.
3. relevant sections from Dec 05 Aytes memo.
4. proof that your job description is the same as the one stated in labor.
5. list of relevant AAO decisions on this matter.
you would rather send them lot more proof than less. good luck.
shiva |
Topic: Any updates on I-140 approvals at NSC for EB3, who's RD is July 2007.
you should open an SR.
also i was randomly scanning USCIS case search and i found that most of the applications have already been processed.
ofcourse most of these were i765 / i131 / i130 / i180 etc.
in fact the following two cases have already been approved. it looked as if i-140s were sprinkled here and there - very few compared to the number of other petitions they had received last year.
LIN07180506**
LIN07199506**
they have been reducing the backlog by 8000 per month. and at the end of september it stood at 106,000. so by march 2009. they may have cut down their backlog to about 40,000...i really hope so!
i intend to write to USCIS again. please do so yourselves. |
Topic: Can I be unemployed when i-485 is approved?
santhan3
Read this memo:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
1. your employer can try to revoke / withdraw it. however, it will be a useless exercise. you need to file AC-21 documents soon. and for that you need a job. you are sage and there have been precedents that even if / when your employer revokes i-140 USCIS will issue a NOID and you will have to respond with AC-21 documents.
2. it is not a good idea to be out of job because regardless of your priority date you may get an interview notice at anytime. and even if you file AC-21 you need to be employed at the time your i-485 comes up for adjudication. that said one of your options is to get a job but negotiate a joining date a couple of months in advance. |
Topic: Can we sue the USCIS
gcardrabbit
your PD is current right now. so i am not sure why the wait...but i think you will not have to wait much longer...4 - 5 months may be. |
Topic: Guys got an RFE today - Eb3 - NSC - April 16th 2007
i am sure you probably know by now that possible RFE is about;
1. education, in case your college is not accredited or you have a 3yrs degree
2. A2P
3. just initial documents since possible you did not send your companies 2006 tax filing documents. |
Topic: Updated Processing Times Posted
"i pray thy god, that what awaiting140 saith here, come true. amen!" |
Topic: Updated Processing Times Posted
i am not sure i understand USCIS processing times anymore. at the same time i am confident that if USCIS puts their weight into it...they will be able to clear this backlog pretty quickly - within a matter of 6 - 7 months in fact! |
Topic: AC 21 with Pending 140
"...a pending 140 shall not be denied if it was ported after 485 was pending for more than 180 days irrespective of the A2P issue..."
actually the way i interpret this is that A2P issue still holds and here is why. if the petitioner does not have A2P when the i-140 was applied then the i-140 was not approvable in the first place if it had been adjudicated within 180 days. by extension just 180 days passing does not remove any constraint - USCIS has reiterated this again and again - including A2P. in this case unfortunately, the petitioner did not have A2P even if the the application had come up for adjudication within 180 days. i think if a IO denies the i-140 and the underlying i-485 it will be hard to sustain this case in AAO.
i think what the memo intends to is that in the following two cases A2P should not be an issue:
1. if the company looses A2P at a later date
2. or the company the beneficiary is porting to does not have A2P.
but still you should not loose hope and try everything to salvage your application.
towards that goal:
A2P is proven by three criteria
a. current salaray if employed by petitioner.
b. assets.
c. net income.
obviously (a) does not apply to you and does not look like (c) applies either. but may be you can see if (b) applies ?
good luck. |
Topic: AC 21 with Pending 140
anrao...
i think your case is tricky...
i think a pending i-140 if withdrawn regardless of at what stage means that your entire green card process is in jeopardy.
here is my reasoning as to my ... USCIS does - via various memorandum - has reiterated that it allows porting on unapproved i-140 and pending i-485. but one underlying assumption is that the i-140 should be approvable at the time the porting is approved. also for taking benefit of AC-21 there needs to be a valid underlying i-140. AC-21 allows for due consideration to the green card process even if the employer withdraws an approved i-140 and that is because there is always a valid underlying i-140. withdrawl of a pending i-140 will leave no basis for the i-485.
In the Aytes memo of Dec 2005:
"...Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under §106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material..."
Another relevant section from that memo:
"...Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days..."
It is clear that A2P should not be a problem if it arises after the time of filing. However, this memo does not say anything about withdrawl of a pending i-140 and how that affects i-485. However, from the second question it is clear that denial of i-140 at any stage is reason enough for denial of i-485.
the wording of the answer to the second question is a little tricky because it does not clearly say anything about what happens if a pending i-140 is withdrawn.
all in all given so many grey areas, i would think that chances of your i-140 getting approved are very low especially in case of MTR you cannot prove that your future employer had the ability to pay at the time of filing.
i am sorry...but look at this way...you have only been waiting for less than 2 years for the whole process...not a whole lot of wasted time. |
