AAO Appeal and Interfiling situation


on_h1b_since_1998

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This is my situation

Have a 140(denial) in appeal since Sep. 2008. 485's filed alongwith this 140 are in pending status since 2007(never got denial on them).

New 140 cleared in Mar. 2010 and was able to recapture 1999 date from a previous approved 140.The A# on this 140 matches with the above mentioned 485's.Attorney interfiled this approved 140 with the pending 485's in Apr. 2010

Have not got any progress since then on the case(being current for more than 15 months now).

Want to know if there is a way to find out if this interfile was successful and USCIS has tied the 485's with new 140. Also if

the appeal on the old 140 is holding this case in anyway. My attorney is just raising SR's which are not yeilding any favourable

responses. Congressman's inquiry on 485 got a response as pending 290B reason.

This uncertain wait is just frustrating. Appreciate if anyone can provide some inputs.

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  • 2 weeks later...

Anyone been in this situation or have heard from others?

In one of the posts on this forum the attorney did mention that in such scenarios usually USCIS does not process the subequent I-140 and holds it till the appeal on previous 140 is cleared(withdrawn or decession made by AAO) but I see USCIS did not. It approved the 140. Now whether they are not seeing the interfile or waiting for AAO decession is a big question.

My attorney is advising against withdrawing the appeal due to unknown consequences.

It is just painful to see that being current for so long there is absolutely no activity nor any idea how to approach the situation.

Appreciate any help.

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