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  #1 (permalink)  
Old 09-27-2007, 04:54 PM
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gchopefull is on a distinguished road
Unhappy Possible I-140 denial?

This is my situation,
applied labour- feb2005-EB3
got tranfered to backlog center. got approved in feb-2007, applied I-140 in march-2007 to TSC
July applied I-485/EAD to TSC
got EAD Sep 24th.
RFE on I-140 on Aug-27th 2007,
compnay replied to RFE.
USCIS recieved the Reply on Sep-24th2007,
today got E-mail stating the following.
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: We mailed you a decision.

On September 27, 2007, we mailed you a decision on your I140, IMMIGRANT
PETITION FOR ALIEN WORKER. Please follow the instructions on the
notice. If you move before you receive the notice, please contact customer
service.


I am not sure what kind of RFE was issued and what was the reply to it, since the employer and compnay lawyer has not provided that information to me. and chances are they will never provide it to either. my heart started lot faster after I recieved the email. what does this email means? does anyone here throw some light on this? is this denial of the I-140 application? or is this intent to deny? doesn't it says when the case is approved, that we have approved this case? dont know what else to ask as my mind stopped working altogether and after 6 years being in this country on H1 first time in life regret the decesion to come to here.
my wife just got EAD after sitting in the house for 5 years. and this has to show up at that time. look like the end to me.
sorry for filling up the thread with sorrow.
thank you for time.
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  #2 (permalink)  
Old 09-27-2007, 05:00 PM
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bb20078 is on a distinguished road
Default wait for the letter

Wait for the letter first. Good Luck
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  #3 (permalink)  
Old 09-27-2007, 05:40 PM
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gchopefull is on a distinguished road
Default thanks

thanks. i know i dont have a choice but to wait for the letter. just wanted to see if someone here knows what does this all means.
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  #4 (permalink)  
Old 09-27-2007, 05:45 PM
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singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute singhsa3 has a reputation beyond repute
Default

I am NOT saying if it is approved or denied. But just a hypothetical case, if it is denied what will be your next steps... (Note there is a reason , why I am asking this question, which will make you feel somewhat better but please asnswer my question)
Quote:
Originally Posted by gchopefull View Post
This is my situation,
applied labour- feb2005-EB3
got tranfered to backlog center. got approved in feb-2007, applied I-140 in march-2007 to TSC
July applied I-485/EAD to TSC
got EAD Sep 24th.
RFE on I-140 on Aug-27th 2007,
compnay replied to RFE.
USCIS recieved the Reply on Sep-24th2007,
today got E-mail stating the following.
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: We mailed you a decision.

On September 27, 2007, we mailed you a decision on your I140, IMMIGRANT
PETITION FOR ALIEN WORKER. Please follow the instructions on the
notice. If you move before you receive the notice, please contact customer
service.


I am not sure what kind of RFE was issued and what was the reply to it, since the employer and compnay lawyer has not provided that information to me. and chances are they will never provide it to either. my heart started lot faster after I recieved the email. what does this email means? does anyone here throw some light on this? is this denial of the I-140 application? or is this intent to deny? doesn't it says when the case is approved, that we have approved this case? dont know what else to ask as my mind stopped working altogether and after 6 years being in this country on H1 first time in life regret the decesion to come to here.
my wife just got EAD after sitting in the house for 5 years. and this has to show up at that time. look like the end to me.
sorry for filling up the thread with sorrow.
thank you for time.
__________________
We are in agony and pain. Let us scream so loud that even deafs may lend their ears.
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  #5 (permalink)  
Old 09-27-2007, 05:47 PM
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not sure what can I do.
not sure where to go from here.
do u see in remote hope if its denied. I think it done deal. just stay and work untill H1 expires and go home after that.
gasss, cant even think of anything else.
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  #6 (permalink)  
Old 09-27-2007, 05:49 PM
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VSS2007 is on a distinguished road
Default

Not to worry.

It is for sure intent to deny. They may need some additional info about your employer.

Thanks
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  #7 (permalink)  
Old 09-27-2007, 06:11 PM
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gcsngh has a spectacular aura about gcsngh has a spectacular aura about gcsngh has a spectacular aura about
Thumbs up Canada is right next door!

First of all everything should be fine, as long as you don't have a shady employer. If the employer is a question mark...then in that case switch employment and use the labor...I know what you are thinking...it is a crazy process, last but not the least..Canada is next door..if you have kids..education same standard...pay check a little smaller...can do it your self..attorney not needed...but be optimistic, USCIS is a crazy place!

Quote:
Originally Posted by gchopefull View Post
not sure what can I do.
not sure where to go from here.
do u see in remote hope if its denied. I think it done deal. just stay and work untill H1 expires and go home after that.
gasss, cant even think of anything else.
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  #8 (permalink)  
Old 09-27-2007, 06:15 PM
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Default

gcsngh, thanks for your reply.
employer is good, with good net income and all. I dont know what went wrong in all this process.
on second thought, your idea of canada is not bad after all. whats wrong in having plan B ready.
thanks.
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  #9 (permalink)  
Old 09-27-2007, 06:23 PM
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gcsngh has a spectacular aura about gcsngh has a spectacular aura about gcsngh has a spectacular aura about
Default 140 is all about the employer!

If employer good then not to worry, they may need a document or some clarity.


Quote:
Originally Posted by gchopefull View Post
gcsngh, thanks for your reply.
employer is good, with good net income and all. I dont know what went wrong in all this process.
on second thought, your idea of canada is not bad after all. whats wrong in having plan B ready.
thanks.
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  #10 (permalink)  
Old 09-27-2007, 06:32 PM
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Default

gchopeful,
find out what sentence people usually see on the website when their i-140 is approved. Does it say "Your petition has been approved"
or does it say "we mailed you a decision"
a) if it says, we mailed you a decision, you have a chance it was approved
b) if it says (for others) that it was approved, then its not another RFE for you, but rather, a rejection, because it says -"we mailed you a decision", it does not say - a request for further evidence was mailed out"
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  #11 (permalink)  
Old 09-27-2007, 06:36 PM
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Rajwaitingon140 is an unknown quantity at this point
Default 140 is all about Employer???

Quote:
Originally Posted by gcsngh View Post
If employer good then not to worry, they may need a document or some clarity.
I do not understand this all process...my understanding is

At labor stage All Education and Experience are validated and then approves Labor....then comes 140 where they check Ability to Pay etc...etc...guys are getting RFE about their experience and education..at 140 that I do not understand....as read many threads I see that I-140 is purely about Employer....

If anyone knows why guys get RFE at 140 stage about their exprience and education please let me know.

Thank you
RaiWaitingon140
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  #12 (permalink)  
Old 09-27-2007, 07:09 PM
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Default

If it helps you feel better, then here is my case
March 8th same msg as yours
4 days later I got the approval notice.
I checked the website again later , it showed approved.

Quote:
Originally Posted by gchopefull View Post
gcsngh, thanks for your reply.
employer is good, with good net income and all. I dont know what went wrong in all this process.
on second thought, your idea of canada is not bad after all. whats wrong in having plan B ready.
thanks.
__________________
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  #13 (permalink)  
Old 09-27-2007, 07:15 PM
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green_world will become famous soon enough green_world will become famous soon enough
Default

Not to make you worry. I think it could be a denial notice. approval notices are usually, we send you the approval notice, document mailed etc. Just get prepared and see how you can get a solution if it is a denial notice, dont panic there will be some solution to it.

Check with your employer and find out what was the RFE for and what kinds of documents they provided. Based on that info or after receiving the notice you may need to consult with a good attorney to see what could be the solution.

check immigrationportal web site to get more info, there could be people who had undergone same issues
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  #14 (permalink)  
Old 09-27-2007, 07:15 PM
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gc2007prabhu is on a distinguished road
Default Tough gets going

Even if you go back to India( assuming your mother country ) for a year you can then come back after 1 year on H1B again for next 6 years. I know its a pain but always an option. Also you would visit India for about 1 year period in the next 7 years that works fine .

Hope to help.
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  #15 (permalink)  
Old 09-27-2007, 07:21 PM
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magicmonkey is on a distinguished road
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hi, I am sure that you got approved. As we were on the same situation. We had a RFE and attorney replied for that.
We also got the same message, it was approved when we recevied the approval notice.
Good Luck
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