I am looking for your advice here, my online case status for denied I-140's appeal I-290B as "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office." this status is there for past 19 months with no further updates, recenetly opened SR recieved response saying my case is pending at AAO office in washington, which one is correct,Is my case transfered back to USCIS or still with AAO any idea. is there anyway to expedite my denied/appeal I-140 I am on 7th year H1b extension. Incase appeal denied what are the options I have.
Call AAO directly. They should be able to tell you what is going on. If the case was transferred back to CIS, that is at least partly good news. That means the appeal was not denied. As to options, you need to make an appointment for consultation with your own lawyers or us.
I am asked by my lawyer to obtain experience letters from my 2 previous employers in their letter head and signed by someone from HR. Is this something that is required for the application of I-140?
In my view, these letters should be obtained BEFORE the PERM application is even started. It can be one of the required and key pieces of evidence in I-140. But the preparation to deal with this issue has to be made even before the PERM application is drafted.
I have changed employer using AC-21. I-140 appoved - Jan'09. I-485 filed July 2007. PD June 2007, EB-3 ROW. My previous employer will not withdraw my approved I-140. I am current working on EAD with my current employer. My current employer filed for Bankruptcy under chapter 11. Do you think I might have an issue of ability of pay when I renew my AP and EAD. Thank you in advance for your help.
Normally, ability to pay is not an issue for AC21 employer. But these are unexplored situations. Tough to predict.
Recenlty we submitted my NOID response for my 485. Today called USCIS customer service about my status of my 485.They said its PreAdjucated waiting for Visa number.But they mentioned I have 2 I-140s in my file
1.EB3 PD,2002
2.EB2 PD,2005.
They said which date first current then that 140 will use. I am not sure about EB3 140( i don't have any info about this 140).B'cos i filed my 485 with Eb2 140.My case is Ac-21 .So i wasn't with both employers now.
Is that above statement correct? Do i need to do anything now or just stay calm until either of EB category comes current? Please advice.
I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.
My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?
You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
Dear Rajiv,
I finally got my approval emails today. My green card story started way back in September 2002, when I sent an email along with my CV to Rajiv one late evening. To my surprise the very next morning I got an email from his office indicating that Rajiv would like to talk about the case and we were on the phone within the next 30 minutes. Rajiv was very polite and courteous and suggested that my application will be best suited for the EB1-EA category. Within couple of hours I received an email with paperwork to sign a retainer and details about the documents I will need to file the application. I must say that the list was extremely long, but again this kind of a detail is what makes approval a breeze. My application was filed within two weeks after I had submitted all the documentation. Rajiv has excellent staff even for handling EB1-EA cases and one of his staff members wrote a 12 page cover letter which basically summarized the whole case in a point-wise manner. Couple of my friends have applied in this category using services from other attorneys and invariably I hear and see that they have to write their own cover letter in first person. In my case, the cover letter was by the Rajiv’s office and six major criteria’s were met by quoting reference letters and supporting documents. Needless to say that the I-140 approval came without any RFE. In 2003-2004, VSC was extremely slow in approving EB1-EA cases but as soon as my receipt date was reached, Rajiv’s office made several calls to VSC to check the status of my case and finally place an AILA request about the status of my application. My approval for I-140 came in Feb 2005, within three weeks of his request. An RFE was generated for my I-485 and here too, the response was nothing but prompt. I received the copy of my RFE via email and the response was submitted the day papers were received at Rajiv’s office. I finally got my approval within three weeks of the receipt of RFE by VSC.
Though this journey has been lengthy and painful, Rajiv and his staff has been with me every step of its way. I can guarantee that this practice is the BEST in the country.
Along with my GC application, Rajiv recently helped and advised two people, who work for me, about technicalities of H1B without charging any fee. This shows that Rajiv is an excellent human being. I whole heartedly recommend his practice for any immigration related services.
Keep up the good work
Receipt Date: March 5, 2004
I-140 approved: January 16, 2005
I-485 approved: March 15, 2005
Thanks to the excellent work by Attorney Rajiv S. Khanna's team, especially the exceptional work by my case manager Diane Lombardo, my GC application was such a smooth sailing, it took only 1 year and 10 days for USCIS to approve the application!
I deeply appreciate the excellent professional work and the quick & concise responses by my very experienced case manager Diane Lombardo. Diane always answered my questions the same day, sometimes within minutes! She was so quick and professional in preparing my application documents, I always find myself being the one whom was too slow in response - such as providing supporting documents or returning a signed application form to her. Working in science, I found many of my colleagues were also applying for a GC. None of my colleagues’ other attorneys ever came close to providing the excellent and quick professional help the way Rajiv’s team does everyday! I highly recommend Rajiv’s law firm to anyone whom is looking for excellent professional help in immigration matters!
An additional information on why I chose Attorney Khanna: 6 years ago, I was fresh out of graduate school and half-heartedly contacted several law firms about applying for a GC. Not only did Rajiv himself call me just 2 hours after I contacted his law firm (I called before I went to lunch), he also gave me an honest answer after a quick evaluation over the phone - that I did not have much of a case back then! The quick response and no-nonsense answer are the reasons that, after establishing my career, I chose Attorney Khanna's law firm to process my GC application. And the outcome tells me that I had made the right choice!
Hi: I found my entire interaction with Rajiv S Khanna and company to be a very positive experience. Right from the initial point of contact to making an appointment and on finally speaking to Mr. Khanna himself. I would say my experience was very enriching. Thank you Jehangir Gotla