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I-140 Discussion Forum
I140 Denial Notice not Received... very very Worried and cannot concentrate anymore |
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My I140 was denied on Dec 5, 2008 up till now my attorney or employer has not received the notice. My employer called on 01/12/09 and requested a copy and was told to wait for 10 days... He has not heard anything yet. Appeal/MTR dates have passed because its 30 days from the date of denial i don't know what to do now... Any inputs please...
Thanks In advance
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Your Employer or Attorney can ask USCIS to "FAX" the denial letter from USCIS at any time. It doesn't need to be snail mailed.
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to vanquish76:
My employer called USCIS again yesterday and he was told there was no record of his call on 01/12/09. They said it will take a month (02/28/09) to assign the case file to an IO so they can send out the copy of the denial notice to him. They gave him a number which i believe is a service request number for the denial notice, also they refused to fax a copy of the letter to him instead.
I am totally tired of this whole thing and dont know what to do anymore. My new PERM is pending at Atlanta and its not moving at all.... I am worried about renewing my EAD (expires 05/02/09), because my 485 is still showing "pending"... I find it hard to concentrate these days because of this and its killing me internally...
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to phyneboy:
Didn't your attorney / employer sign for electronic communication or whatever? I got my denial / approval in email. In fact my employer received my denial by email even before my attorney.
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I feel sorry about your situation. I would suggest contact your congressperson or senator about this. Tell them that you need the denial to take responsive action. But, before you do that make sure that your employer is telling you the truth. It could be possible that he has it and is denying for whatever reasons.
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for me it looks like employer is playing games.
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to vidyadhar123:
My employer called again to day to ask for 140 denial letter, first they told him that my file was in storage, but later they said that my file was in the "A list" pending adjudication for 485...
The officer my employer spoke to told him that she does not know why the case was denied that he should wait for another 10 days to get the denial letter...
Guys please comment dont just view
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to phyneboy:
Did you talk to your attorney? what is he saying????
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to phyneboy:
Very odd. Here is what I would recommend.
Check with your lawyer. He should have received the original RFE Denial. Employer should get a copy. If the original has not come in, let the attorney handle the Service Request. Since you are out of the 30 day period to respond, it might be a good idea to have a good lawyer handle this. It may mean some money down the drain, but atleast will give you some peace of mind.
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to roger1234:
Guys, It was 2months on 02/05 and i'm yet to receive the denial notice that USCIS claimed they sent on 12/05/08. My employer and attorney have called three times and got the same standard response " wait for 10days" to receive a copy of the letter. My EAD expires on 05/02/09 and i dont have H1 to fall back on. My new PERM is still working its way through the system as we speak... My 485 still shows pending...
Guys please advise cos this is really scaring me
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Were you on the call when your employer or Attorney called USCIS? You can be, actually should be. Did you involve Senator or your congressperson?
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to vanquish76:
Hello guys,
I sent my EAD renewal by overnite USPS on 02/17 and USCIS received it on 02/18. My 485 that was in pending status for two months after 140 was denied changed to "Denial Notice Sent" on 02/23. On that same day USCIS cashed my check for EAD renewal and i saw receipt no on the back of check, but it is not showing up when i enter it on USCIS website.
I do not have either denial notices and was just wondering what i can do to salvage my case, my question is why should USCI take my money and deny my case even though we have not received denial notices they claimed they have sent.
I do not have H1 to fall back on... Please comment....
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to phyneboy:
pathetic situation, sorry to hear about your case..
1. get a good lawyer who knows immigration details to greater extent, get his/her views and don't look at the money part for now.
2. have a written proof for all the communication as much as possible for all the ends to cover up your a** later on in possible typical "we did not say this" answers - this includes your employer, lawyer, uscis. trust nobody.
3. document the case in detailed manner, contact your congressman/woman and explain the situation why you need his speedy input in this and that you appreciate his time, efforts and interest in getting you back on track.
4. open up SR from your/employer end this time to initiate the process for getting the denial letter (we are not talking about "why the case has been dismissed at this point.)
5. do not loose your head, have faith.
good luck, god bless.
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to phyneboy:
Talk to a new attorney who could handle this case. I know one her name is tammy Fox from florida.. I dont have her phone number but google it you will get her details..
www.lawyers.com/Florida/Miami/Tammy-Fox-Isicoff-807063-a.html - 33k -
She is just awesome and worked earlier with USCIS directly.. In cases like this she can push so hard and get you the results..
She charges quite a lot of money.. economy down.. So nothing wrong to call her and ask her how much she charges..
Dont worry there is a way for everything..
smile off your troubles thats the way to go..
My life had been miserable since 4 months no job.. this 140 doesnt move.. No jobs for H1s.. best plan would be to plan an alternative instead of feeling bad.. am not great person to explain anyone. So keep yourself cool
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to avipriya:
you need to get in touch with a GOOD Lawyer ASAP - probably Sheila Murthy or Khanna - do it ASAP, because since you don't have H1 to fall back on as soon as your I-485 status changes to denied you will be out of status.
Pray to god and keep your cool....
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to avipriya:
I know your frustration.You are 100% correct.Lot of desi H1 poulation on bench rightnow. Very a few Employers providing atleast accomadation atleast to survive.Very pathetic situation.Better not to look at GC process at this time.Looks like it may be more complexed and delayed due to somany factors in coming months.Hope you will see some light soon.
Thank you for sharing your concerns.Goodluck.
Thanks
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to phyneboy:
Did you get your denial letter? Had you contacted your congressman before they told you that the case has been denied? I am in a very similar sitiation. USCIS says case denied on Jan 15th 2009 but no denial letter inspite of lawyer and petitioner calling multiple times. Please let me know the progress in ur case.
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to pandugandu:
Hey,
I have not received the denial yet, but I received the denial for the 485 which states that there's no approved 140 on file for this petition blah blah blah... but i went ahead and filed an MTR for the 485 and 140 stating that the Denial of the 140 (and not receiving denial letter) is unlawful and that they should reconsider reopening the 485 and send the reason for denying the 140 so i can appeal.
I filed the MTR in March and is still pending.... Hope this helps you!
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to phyneboy:
Logically 30 days elapsed.. but u can still claim that u never received your denial reason hence you could not respond on time. Make sure you revert back to them within 30 days you receive the denial copy.. Dont worry seen many cases where 140 is approved after denial was received.. Hope for the best..
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to avipriya:
Hi,
I am also in similar situation. My I-140 was denied on June 9th 2009. Still my employer not received denial notice. My EAD is valid till Aug 2010.
Is MTR on I-140 should apeal with in 30 days of time or is it ok to wait till my employer receive letter.
My Employer is not willing to open service request to get another copy. Please let me know is there any other way to receive denial letter.
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Hi gcaugust07,
same situation here.I got denial notice on my approved i-140 On june 8th but we did not got the actual copy of it.Then we request again to send us, but it is also almost 8days did not receive yet.What about yours did you get the actual copy.
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to mataba:
I filed my 140 in July 2006 and it was pending all the time. I never received my 140 denial letter for 6 months and I did not even know if there was decision made on my case. After several service requests, congressman follow up, I got a denial letter in October 2008 saying my case was denied in April 2008 due to a 3 year degree. All this while USCIS kept sending us the standard letters saying that my case was pending and would take 60-90 days and even the USCIS online status never changed. We filed an MTR in November and finally it got approval in June 2009..
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to mataba:
I have requested duplicate copy on June 29th. Till now employer did not receive duplicate letter
Is there any time limit to apply MTR. I heard from forums that we have to apply MTR with in 30 days of denial notice. How do we apply MTR without getting the actual denial notice.
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Inlinelongtime,
I got the denial letter for my i-140 the reason of denial is petitioner has submitted a written request for the withdrawal of the petition.
And do i have the chance for AC21 portability let's see if iam going to be hired by new employer.On the other hand my i-485 has already denied because of denial on i-140.Need your advise immediately.
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i recived the denial for my i-140 today actualy i do not understand what they mean.I APPLIED AS EB2 IN 8-2007. IT BEEN HOLDING TILL I APPLIED FOR PREMIUM PROCESSING AFTER 1 WEEK THEY DENY MY CASE BECAUSE THAT THE JOB DIDN'T SHOW IN LABOR CERTIFICATION THE NEED FOR MY QUALIFICATION I HAVE M.B.B.CH 7 YEARS+5 YEARS EXPERIENCE AS A DOCTOR.WHAT I SHOULD DO NOW IF YOU HAVE ANY ADVIS.
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to ayman1234:
I'm not sure if there are ppl out there who still are waiting for the 140 denial letter past the 33 day deadlinen...Would like to post my details..
My 140 denied on 05/18..Attorney changed the address ..never infromed USCIS for every case he was handling..Denial letter went to old address..attorney didn't cooperate in calling USCUS to give new address..Employer called USCIS and asked for a copy..Called thrice..One of the nice customer seervice agent faxed the denial letter to employers fax number...Could appeal on time..
IF the denial letter is immediately available to the customer service agent, then they will send immediately..
Else, they will request the file, which will take 2-3 days, and then they can mail/fax a copy...
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to phyneboy:
I am going through the same situation. I hate tell you we have been waiting 1year for a COPY of the I140 Denial letter. We received a denial letter back in March saying that it was denied due to our I140 being denied back in Sept 08. This was the first we had heard of this. The lawyer and employer never received anything. Since March it has been a constant struggle, we keep getting told another 30 days 15 days 45 days, and still to this date nothing. We have just today, organised an appointment by infopass with our local office for the lawyer, employer and myself to attend and hopefully find out what is going on. Like yourself we cannot move forward without it. We have a 12 year old who has spent more of his life in the US than the UK and the thought of having to move him away is frightening. We just want to get this thing moving. I totally understand where you are coming from. Sorry I can't be of an more help to you. I will keep you updated after our meeting on Monday.
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Users watching this thread:
phyneboy, vanquish76, dreamcard, vidyadhar123, abcdefg, avipriya, Jaggudon, moveeb3, jetsetboi, pandugandu, gcaugust07, mataba, deep41305, ayman1234, keaby, mandyhutch71
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