140 approved But case at AAO

[m_user]

Folks/helpers and experts,

I have a very important question and I am sure somebody from this forum can answer, So please help.

My 140 - EB3 is approved but automated email says that they have handed over the case to AAO which is Administrative Appeal Office. Now I don't know what does that mean? Can anybody answer? And then again how much time it takes for those guyz to process?

Thanks in advance,

- m_user

[pontevecchio]

Ask your GC sponsor.

[m_user]

Thanks

[rockyleim]

Congrats,

Can you please give us details on the reason for denial and when was your case moved to AAO so it will help us understand the processing time

[m_user]

@rockyleim

Sorry for late reply.

My case was and is approved. It is with AAO office. I heard that AAO office takes like 2-3 years to respond. I sometime wonder why even they work if they want to work like this. My attorney says don't worry, we still can go ahead and apply for the i-485 or something like that.

Anyways, thats the story

[BigJoe5]

Any decision (denials and approvals) may be "certified" to AAO if it involves an unusual or complex matter of fact and/or law, or a matter of first impression.

If it is a major issue, it could wind up being a precedent.

[Attorney_15]

Generally, an I-140 must be denied or revoked to make it to the Administrative Appeals Office even on certification. If one is seeing online that one's case is at the AAO it might be wise to look into further for the exact reason for its presence there.

[m_user]

Thanks JoeF and Attorney 15 for replying.

Sorry, But I didn't under below

1. If it is a major issue, it could wind up being a precedent. - What do you mean JoeF?

2. Generally, an I-140 must be denied or revoked to make it to the Administrative Appeals Office even on certification. - Who should be revoking the application? How do we check the reason why application is with AAO?

Thanks in advance.

- M

[BigJoe5]

Have you had more than one case filed for you? This is another possibility. If one case was denied or revoked and appealed, then the other case could have been sent for use in determining the final outcome. They don't want to make conflicting decisions for the same beneficiary. They will compare the evidence from multiple cases to look for "missing pieces to a puzzle" and/or signs of fraud.

Back to the certification possibility...IF a case is certified, USCIS issues a notice (I-290C) to the petitioner. Check with the employer(s) and the attorney(ies).