485 After 140 denial
Hi Guys,
My 140 was denied after filing 485 2 months ago. I expected my 485 also to be denied based on 140 denial immediately as everyone says. But the interesting thing is i got FP notice 3 weeks after the 140 denial even before filing the appeal. I did FP and the LUD was updated next day on 485 which means they received FP. Now coming back to 140 ....i filed an appeal and almost 3 weeks after filing the appeal the status message on 140 changed to "Denial notice sent" and the appeal status says its pending. 485 status also says pending. I also applied for another 140 in EB3 ( original 140 was in EB2) which will not be processed until a decision is made on the appeal (everyone is saying that).
what i am trying to figure here is why is my 485 not denied immediately after 140 and why did they send FP . I have no false hopes and strongly think that it shows how disconnected their system is. One interesting question i have now is if at all my 140 in EB3 is approved can my 485 be moved on to it from the previous EB2 that is denied and not file 485 again ?
And for information purpose my 140 in EB2 is denied on Oct 19. I filed 485 in last week of july and got FP on 09 Nov and it was on Nov 29. Filed appeal by Nov 19. All the dates are in 2007. reason for 140 denial is 4 yr degree and the denial notice says that they want one single degree that is 4 yrs long. But there is an inter office memo published by USCIS in Jul 06 that clearly says combination of degrees are valid for establishing 16 yrs of education and only thing they need to worry is if the alien qualified which is exactly my case. I have 16 1/2 yrs of education in electronics, computers and management. and i completed 6 yrs on H1 this Nov and filing for extension based on the 140 appeal.
Now its joke time. Did not they deny my 485 because they know that i m going to file appeal and they need to approve it and just screwing with me in the mean time ?
In any case i dont give a damn and just want to enjoy life no matter what would be the outcome of all this. your views are welcome.
Cheers.
Yes, I-485 is linked with I-140. Usually the action on a pending I-485 for a I-140 denial is not immediate ... it appears (from several postings) that there is sufficient time to file a MTR / Appeal that re-instates the I-485 too.
Is it possible to appeal to consider the 140 application as EB3?
I dont think thats possible. I spoke to a very high profile attorney paying $350 for 20 min conversation. Only thing she said is an EB3 application can be submitted with the appeal and in which case EB3 approval chances immediately after denial of appeal would be high. I guess that means a "No".