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mohitb272
03-19-2008, 12:47 PM
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.

glus
03-19-2008, 12:55 PM
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.

Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.

h1techSlave
03-19-2008, 12:57 PM
I can't think of anything other than getting the company immigration lawyer's help in this case.

On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".

Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.

mohitb272
03-19-2008, 02:17 PM
No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...

solraj
03-19-2008, 02:24 PM
Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.

Madhuri
03-19-2008, 03:17 PM
Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
or was it showing I140 approved before and now it's showing pending?

No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...

mohitb272
03-19-2008, 03:24 PM
Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
or was it showing I140 approved before and now it's showing pending?


This is my friend's case not mine. This is mentioned when I first described the case.
Thanks!

kaisersose
03-19-2008, 03:58 PM
There are several instances when a denial notice was sent, but the website continued to show the status as pending.

So if a denial letter has been received, then the website status means nothing.

kerstbrd
03-19-2008, 04:03 PM
maybe they denied the I-140 without updating the website.

mohitb272
03-19-2008, 04:05 PM
There are several instances when a denial notice was sent, but the website continued to show the status as pending.

So if a denial letter has been received, then the website status means nothing.

Who would get the denial notice? The company or the attorney?
My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.

mohitb272
03-20-2008, 07:25 PM
Anyone???

alterego
03-20-2008, 08:32 PM
Online updates are sometimes late. There are cases of people getting their green cards last year in the visa bulletin fiasco with no online updates. You should not rely on that. Your friend needs to get your attorney to act on this ASAP and sort it out. After all if you don't know why it was rejected you have no chance to rectify it.

seeniraj
03-20-2008, 11:47 PM
Do you know the reason for the 140 denial ?

hate_me
03-21-2008, 10:09 AM
Online status is not always updated and cannot be trusted that much, I recieved my EAD in October and online status still shows as PROCESSING. Have your friend talk to his attorney and employer and ask them if they have recieved I140 denial notice. And anyways your friend needs attorney's help as this is not a general question which can be answered on the forum by everyone. Tell him not to waste time and look at all the options. Good Luck

Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.