PDA

View Full Version : USCIS reject pending I485 during AAO appeal


doubleyou
09-19-2011, 05:34 PM
Has anybody come across a situation that the pending i 485 is cancelled even if there is a pending AAO appeal.

When does unlawfull accural start for a pending AAO appeal

doubleyou
09-20-2011, 01:55 PM
Will the I 485 be rejected if the AAO appeal is pending, while I140 is revoked.

sac-r-ten
09-20-2011, 02:38 PM
If 140 is denied then 485 is denied as well. Cannot use any EAD since AOS is denied. But i guess it appeal is in process then you can work on EAD, not too sure about this.

My 140 was denied and at the same time 485 was denied stating "since 140 is denied". Luckily i was and is still on H1B. AAO takes 10+ months. mine took 19months and finally dismissed for another reason, other than what was appealed for:(. Got me back from EB2-apr07 to Eb3-Feb11. :mad:

good luck.

EB3_SEP04
09-20-2011, 02:46 PM
Has anybody come across a situation that the pending i 485 is cancelled even if there is a pending AAO appeal.

When does unlawfull accural start for a pending AAO appeal

From your profile looks like you have not filed for I-485 yet, how come it is cancelled ? :confused:

EB3_SEP04
09-20-2011, 03:15 PM
If 140 is denied then 485 is denied as well. Cannot use any EAD since AOS is denied. But i guess it appeal is in process then you can work on EAD, not too sure about this.

My 140 was denied and at the same time 485 was denied stating "since 140 is denied". Luckily i was and is still on H1B. AAO takes 10+ months. mine took 19months and finally dismissed for another reason, other than what was appealed for:(. Got me back from EB2-apr07 to Eb3-Feb11. :mad:

good luck.

This may be a dumb que: Was your I-140 still being processed when it was "denied" ? my approved I140 was "revoked" by my ex-employer causing USCIS to (wrongfully) deny my 485, so i simply filed for MTR and it was reinstated in 2-3 months.
Is AAO same as MTR ?

sac-r-ten
09-20-2011, 05:30 PM
From your profile looks like you have not filed for I-485 yet, how come it is cancelled ? :confused:
That was eb2. Had to file a new labor with eb3. Now am at the end of the line with eb3.

sac-r-ten
09-20-2011, 05:34 PM
This may be a dumb que: Was your I-140 still being processed when it was "denied" ? my approved I140 was "revoked" by my ex-employer causing USCIS to (wrongfully) deny my 485, so i simply filed for MTR and it was reinstated in 2-3 months.
Is AAO same as MTR ?
Revoked n denied r 2 diff things. 140 was appealed n went to AAO. MTR was for 485 after they approve the 140 after the appeal.

doubleyou
09-20-2011, 05:42 PM
My I140 was approved but had a NOIR, I140 response susbmitted but will be rejected and it seems that the I 485 will also be rejected.
Will do AAO appeal-
1) Question is during the AAO pending can i still continue to work on EAD (which expires next year.)

2) Will will un lawful accrual start.- the day the I 485 is rejected or after the AAO appeal is unsuccessful.

mmanurker
09-20-2011, 06:15 PM
If 140 is denied then 485 is denied as well. Cannot use any EAD since AOS is denied. But i guess it appeal is in process then you can work on EAD, not too sure about this.

My 140 was denied and at the same time 485 was denied stating "since 140 is denied". Luckily i was and is still on H1B. AAO takes 10+ months. mine took 19months and finally dismissed for another reason, other than what was appealed for:(. Got me back from EB2-apr07 to Eb3-Feb11. :mad:

good luck.

Now a days AAO appeal takes abt 30 to 35 months...In your case they took 19 months to decide, how long ago? was it recently?
my EB3 140 is also with AAO since March 2010, so far no news and based on the processing time maybe I am half way through. another 18 months wait time for me.

sac-r-ten
09-21-2011, 09:45 AM
Now a days AAO appeal takes abt 30 to 35 months...In your case they took 19 months to decide, how long ago? was it recently?
my EB3 140 is also with AAO since March 2010, so far no news and based on the processing time maybe I am half way through. another 18 months wait time for me.
that was back in 2008. appealed in Oct2008. appeal rejected in May2010. The really disgusting part is USCIS never informed my lawyer/employer or me about the rejection in May2010. When i visited local USCIS office in Sep2010 that i came to know that its been rejected. had to file a new labor in eb3 just to get my h1b extension in time before it expired. was already in my 6th yr and had no labor/140 to extend my h1b. so took the eb3 (easy) path.

good luck.

sac-r-ten
09-21-2011, 09:52 AM
Now a days AAO appeal takes abt 30 to 35 months...In your case they took 19 months to decide, how long ago? was it recently?
my EB3 140 is also with AAO since March 2010, so far no news and based on the processing time maybe I am half way through. another 18 months wait time for me.

also, i would suggest, you keep visiting local uscis and keep a tab on that appeal. mine got moved to "the office it was filed" to AAO office and back twice. all this info i got by visiting the local USCIS using info pass.

another thing to note, i contacted my senator in march-april 2010 and i guess that triggered for them to look at my appeal in May2010 and unluckily got rejected.

good luck.