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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 03-19-2008, 12:47 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
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Join Date: Jul 2007
Posts: 48
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Default Help! I485 denied...

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.
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Attended the Mar 2013 DC Advocacy event
Attended the Sep 2013 DC Advocacy event
Planning to attend Feb 2015 Advocacy event

PD : NOV 2003, EB3 (current)
I-140: Approved
I-485 RD: July 19, 2007
I-485 FP: Sep 18, 2007
I-485: Approved
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  #2 (permalink)  
Old 03-19-2008, 12:55 PM
Banned
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
12/05/2006
Chargeability
:
Poland
Processing Stage
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I-485
I485 Mailed Date
:
06/31/2007
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Default

Quote:
Originally Posted by mohitb272 View Post
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.
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  #3 (permalink)  
Old 03-19-2008, 12:57 PM
Senior Member
Priority Date
:
N/A
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:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default Attorney

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".

Quote:
Originally Posted by mohitb272 View Post
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.
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  #4 (permalink)  
Old 03-19-2008, 02:17 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
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Posts: 48
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Default I140 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...
__________________
Attended the Mar 2013 DC Advocacy event
Attended the Sep 2013 DC Advocacy event
Planning to attend Feb 2015 Advocacy event

PD : NOV 2003, EB3 (current)
I-140: Approved
I-485 RD: July 19, 2007
I-485 FP: Sep 18, 2007
I-485: Approved
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  #5 (permalink)  
Old 03-19-2008, 02:24 PM
Junior Member
Priority Date
:
Aug-02
Category
:
EB3
I140 Mailed Date
:
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:
India
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:
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:
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Post 140 or 485 denial

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.
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  #6 (permalink)  
Old 03-19-2008, 03:17 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
05/01/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Default

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?

Quote:
Originally Posted by mohitb272 View Post
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...
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  #7 (permalink)  
Old 03-19-2008, 03:24 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/10/2006
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:
India
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:
I-485
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:
07/18/2007
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Default My friend's case

Quote:
Originally Posted by Madhuri View Post
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!
__________________
Attended the Mar 2013 DC Advocacy event
Attended the Sep 2013 DC Advocacy event
Planning to attend Feb 2015 Advocacy event

PD : NOV 2003, EB3 (current)
I-140: Approved
I-485 RD: July 19, 2007
I-485 FP: Sep 18, 2007
I-485: Approved
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  #8 (permalink)  
Old 03-19-2008, 03:58 PM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
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Default

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.
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  #9 (permalink)  
Old 03-19-2008, 04:03 PM
Junior Member
Priority Date
:
Mar-04
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:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
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Default

maybe they denied the I-140 without updating the website.
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  #10 (permalink)  
Old 03-19-2008, 04:05 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
Compare
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Posts: 48
mohitb272 is on a distinguished road
Default

Quote:
Originally Posted by kaisersose View Post
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.
__________________
Attended the Mar 2013 DC Advocacy event
Attended the Sep 2013 DC Advocacy event
Planning to attend Feb 2015 Advocacy event

PD : NOV 2003, EB3 (current)
I-140: Approved
I-485 RD: July 19, 2007
I-485 FP: Sep 18, 2007
I-485: Approved
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  #11 (permalink)  
Old 03-20-2008, 07:25 PM
Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
01/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
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Posts: 48
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Default Anyone???

Anyone???
__________________
Attended the Mar 2013 DC Advocacy event
Attended the Sep 2013 DC Advocacy event
Planning to attend Feb 2015 Advocacy event

PD : NOV 2003, EB3 (current)
I-140: Approved
I-485 RD: July 19, 2007
I-485 FP: Sep 18, 2007
I-485: Approved
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  #12 (permalink)  
Old 03-20-2008, 08:32 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
08/25/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/25/2005
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Default

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.
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  #13 (permalink)  
Old 03-20-2008, 11:47 PM
Junior Member
Priority Date
:
Dec-07
Category
:
EB2
I140 Mailed Date
:
03/14/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 21
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Default

Do you know the reason for the 140 denial ?
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  #14 (permalink)  
Old 03-21-2008, 10:09 AM
Member
Priority Date
:
Feb-02
Category
:
EB3
I140 Mailed Date
:
07/23/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Dec 2007
Posts: 35
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Default

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

Quote:
Originally Posted by mohitb272 View Post
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.
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