I-290B appeal for I-140 denial notice

[IneedAllGreen]

In my I-290B appeal process for I-140 application I received following information . I don't know what is this mean by. Can anyone share their experience or knowledge.

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status: This case is now pending at the office to which it was transferred.

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

[IneedAllGreen]

Please share your experience.

[maine_gc]

I received email from CRIS with the same status last week. Can some one tell what this means

[sac-r-ten]

Fellow sufferer,
did you appeal go to AAO before this. If yes, then this means that from USICIS processing office it went to AAO for additional scrutiny and after “whatever” + / - decision AAO made, it came back to the original USCIS office for further processing.

Now i don’t know how much time this office takes to reply back.

My appeal was sent in Oct'08. Went to AAO in Nov'08. Got back to USCIS office in May'09. Sitting there for 2 months now.

hope this helps.

thanks.

[maine_gc]

My case status before was sent to AAO. After two months, i received the above status last week. I was going through other forums before and there are contradicting interpretations of this status. Some say that the file is proceeed at AAO and sent back to USCIS office and some say that the file was entered into the system at AAO and it would take 20 months after this status. I am not sure which one is true.

If there is any one who went through the AAO processing for their i140 denial, please post your experience here. How long did it take for the decision after you received the above mentioned status.

[IneedAllGreen]

But I guess most of IV'ions are not bother to check my thread because their I-140 is approved without any problem. Guys please share your experience to us.

Thanks


My case status before was sent to AAO. After two months, i received the above status last week. I was going through other forums before and there are contradicting interpretations of this status. Some say that the file is proceeed at AAO and sent back to USCIS office and some say that the file was entered into the system at AAO and it would take 20 months after this status. I am not sure which one is true.

If there is any one who went through the AAO processing for their i140 denial, please post your experience here. How long did it take for the decision after you received the above mentioned status.

[aguy]

did you hear anything? I am in the same boat and very anxious to know what "This case is now pending at the office to which it was transferred" means.

[andhrawala]

My I-140 was denied in Jan 2007 for ability to pay. We appealed that decision by filing I-290B. The case has been transfered to AAO in May 2007 and after that I got an approval from AAO in Aug 2009. so, it took around 20 months. I did not get any change in my status of I-290B until it was approved. But 2 weeks before my I-290b/I-140 approval, my I-485 application has been transfered to Texas service center where my I-140 was initially filed.

I have totally give up my I-140 hopes but out of the blue it got approved and I still couldn't believe It has been approved.. :).

Good luck with yours.

[IneedAllGreen]

Guys,

Anyone knows how long it takes for getting response on I-290B form for I-140 petition? :confused: I have been waiting from last 5 months but there is no update on USCIS website for I-290B form. Appreciate if someone can share their experience with me.

Thanks


My I-140 was denied in Jan 2007 for ability to pay. We appealed that decision by filing I-290B. The case has been transfered to AAO in May 2007 and after that I got an approval from AAO in Aug 2009. so, it took around 20 months. I did not get any change in my status of I-290B until it was approved. But 2 weeks before my I-290b/I-140 approval, my I-485 application has been transfered to Texas service center where my I-140 was initially filed.

I have totally give up my I-140 hopes but out of the blue it got approved and I still couldn't believe It has been approved.. :).

Good luck with yours.

[xlr8r]

It depends.

Mine was an MTR and got approved in a couple of months but the status on the CRIS portal did not chang but there was an LUD. However, the I-140 status changed from Denied to Approved on the date of the LUD.

I believe that an appeal takes longer and the processing timeline is 22 months right now.

I hope this helps.

Guys,

Anyone knows how long it takes for getting response on I-290B form for I-140 petition? :confused: I have been waiting from last 5 months but there is no update on USCIS website for I-290B form. Appreciate if someone can share their experience with me.

Thanks

[maine_gc]

I am also in the same situation. Appeal takes almost 2 years for EB2/EB3 I140 petition.
I filed for the new I140 as well and will withdraw the appeal if USCIS requests to do so in order to process the new I140.

Here is the phone number of AAO if you would want to check the status 202-272-1212

Good luck.

[IneedAllGreen]

Can you file new I-140 in case current I-140 is denied and under appeal process? Please answer this question if anyone has done or known someone has done in past. Its very important for me to know to save my priority date.

Thanks


I am also in the same situation. Appeal takes almost 2 years for EB2/EB3 I140 petition.
I filed for the new I140 as well and will withdraw the appeal if USCIS requests to do so in order to process the new I140.

Here is the phone number of AAO if you would want to check the status 202-272-1212

Good luck.

[aguy]

yes you can file a new i140 while the old one is pending appeal.

[maine_gc]

My new I140 is approved last week. USCIS sent a letter requesting to withdraw the appeal inorder to process the new I140. I did withdraw the appeal and the new I140 is approved after two weeks of receiving the response.


I am also in the same situation. Appeal takes almost 2 years for EB2/EB3 I140 petition.
I filed for the new I140 as well and will withdraw the appeal if USCIS requests to do so in order to process the new I140.

Here is the phone number of AAO if you would want to check the status 202-272-1212

Good luck.

[IneedAllGreen]

Congratulation on getting I-140 approved. I am sure it must be great relief for you to see your GC process continue. Would you care to share detail of your I-140 case for what reason your I-140 was denied at first. I have sent you private message in case if you can share individually. I am planning to withdraw appeal and apply fresh I-140 so your information will be helpful for me.

Thanks for sharing your information with us.


My new I140 is approved last week. USCIS sent a letter requesting to withdraw the appeal inorder to process the new I140. I did withdraw the appeal and the new I140 is approved after two weeks of receiving the response.

[schandra]

Thanks maine_gc for the reply.
It is response like these that give us some hope to this never ending quest.


It is good to know that you can file a second I-140 while Appeal is pending.
1) do we need to apply a new PERM or you can appy the second I-140 based on the existing one.
2) If not, does the Labor Cert has be valid within 180 days to apply the second I-140?
3) Also do you know the approval status of the second I140 before you withdraw the appeal?
I ask this bcoz it would be very unpredictable to withdraw the appeal (which is already 16months now) without knowing what will happen to the new I-140 application.
I appreciate your response if you can please.

[maine_gc]

1) You can apply second 140 on the existing labor. If the I140 is applied in a different category you do not have to withdraw the appeal. But if it is applied in the same category, USCIS will not process the new I140 unless the appeal is withdrawn.
2) No
3) No you will not know.

If your appeal is pending for more than 16 months it may not be a good idea to withdraw the appeal. In my case the appeal is pending for less than 5 months and my PD is current when i withdrew the appeal.

Hope this helps. I am just letting you know what i learned during the discussions with my lawyer. Do not make any decisions based on the input i provided. Always talk to your attorney

Thanks maine_gc for the reply.
It is response like these that give us some hope to this never ending quest.


It is good to know that you can file a second I-140 while Appeal is pending.
1) do we need to apply a new PERM or you can appy the second I-140 based on the existing one.
2) If not, does the Labor Cert has be valid within 180 days to apply the second I-140?
3) Also do you know the approval status of the second I140 before you withdraw the appeal?
I ask this bcoz it would be very unpredictable to withdraw the appeal (which is already 16months now) without knowing what will happen to the new I-140 application.
I appreciate your response if you can please.