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FBI namecheck delays and Writ of Mandamus Delays in FBI namecheck during 485 processing and legal options of filing Writ of Mandamus in court to get namecheck cleared.

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  #1 (permalink)  
Old 02-09-2010, 09:43 AM
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Apr-05
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Default I-485 Decision letter

My I-140 was denied in 2009 for ability to pay. We filed an appeal as the denial reason was vague. Since then my I-290B (Appeal for I-140) is pending and I-485 is also pending. This week I recieved a physical letter from USCIS as follows.

"A review of your file indicates that an immigration petition for alien worker (I-140) was denied on ..., 2009. A review of USCIS records fails to demonstrate that you are the beneficiary of an approved immigration visa petition".

....

"This decision is without prejudice to consideration of subsequent applications filed with USCIS. There is no appeal from this decision. You may file an MTR with proper fee within 30 days from the date of decision.

This decision leaves you without lawful immigration status and therefore you are present in the US in voilation of law"..

My H1 extension was denied couple of years ago based on another I-140 denial. This has been appealed and awaiting decision. My online I-485 status shows that it is still pending.

My question is, does USCIS send these letters purely based on I-140 decision and doesn't consider pending appeals? Do I have to file and MTR and let the office know that an appeal is pending? What options do I have?
__________________
Labor: April 2005 (EB2)
I-140: Pending at NSC.
485,EAD,AP: Receipt Date July 24, 2007.
ND: Sep 14, 2007
EAD card recieved -Oct 4, 2007.
FP Oct 18, 2007
AP for Spouse: Approved Oct 19, 2007.
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  #2 (permalink)  
Old 02-09-2010, 10:10 AM
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Nov-03
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I140 Mailed Date
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03/03/2007
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I485 Mailed Date
:
06/30/2007
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Quote:
Originally Posted by jlt007us View Post
My I-140 was denied in 2009 for ability to pay. We filed an appeal as the denial reason was vague. Since then my I-290B (Appeal for I-140) is pending and I-485 is also pending. This week I recieved a physical letter from USCIS as follows.

"A review of your file indicates that an immigration petition for alien worker (I-140) was denied on ..., 2009. A review of USCIS records fails to demonstrate that you are the beneficiary of an approved immigration visa petition".

....

"This decision is without prejudice to consideration of subsequent applications filed with USCIS. There is no appeal from this decision. You may file an MTR with proper fee within 30 days from the date of decision.

This decision leaves you without lawful immigration status and therefore you are present in the US in voilation of law"..

My H1 extension was denied couple of years ago based on another I-140 denial. This has been appealed and awaiting decision. My online I-485 status shows that it is still pending.

My question is, does USCIS send these letters purely based on I-140 decision and doesn't consider pending appeals? Do I have to file and MTR and let the office know that an appeal is pending? What options do I have?
Yes, they run random checks now and then to check for I-485 cases with I-140 denials and reject them irrespective of whether an appeal/MTR was filed or not. You should immediately file a I-485 MTR to continue to be in status. Same thing happened to my friend. His I-140 was denied and an appeal was pending. However, he got lucky and USCIS did not reject his I-485 for a while. On the same day they approved his I-290B for I-140, the same officer who was handling the appeal, first rejected his I-485 on the basis of I-140 denial and then approved his appeal. He again had to file an MTR to re-open his I-485 based on the approved I-290B for I-140. They are just in the business of making money and giving pain to the beneficiaries.
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  #3 (permalink)  
Old 02-09-2010, 10:22 AM
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I485 Mailed Date
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Default

Thanks a lot. That is very comforting. I have also scheduled an appointment with attorney to go through this issue. I will update the thread with attorney's response.
__________________
Labor: April 2005 (EB2)
I-140: Pending at NSC.
485,EAD,AP: Receipt Date July 24, 2007.
ND: Sep 14, 2007
EAD card recieved -Oct 4, 2007.
FP Oct 18, 2007
AP for Spouse: Approved Oct 19, 2007.
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  #4 (permalink)  
Old 02-09-2010, 11:14 AM
Junior Member
Priority Date
:
Apr-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 13
jlt007us is on a distinguished road
Default

Quote:
Originally Posted by roseball View Post
Yes, they run random checks now and then to check for I-485 cases with I-140 denials and reject them irrespective of whether an appeal/MTR was filed or not. You should immediately file a I-485 MTR to continue to be in status. Same thing happened to my friend. His I-140 was denied and an appeal was pending. However, he got lucky and USCIS did not reject his I-485 for a while. On the same day they approved his I-290B for I-140, the same officer who was handling the appeal, first rejected his I-485 on the basis of I-140 denial and then approved his appeal. He again had to file an MTR to re-open his I-485 based on the approved I-290B for I-140. They are just in the business of making money and giving pain to the beneficiaries.
Did your friend have any valid H1 or other valid status at that time?
__________________
Labor: April 2005 (EB2)
I-140: Pending at NSC.
485,EAD,AP: Receipt Date July 24, 2007.
ND: Sep 14, 2007
EAD card recieved -Oct 4, 2007.
FP Oct 18, 2007
AP for Spouse: Approved Oct 19, 2007.
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