Sending additional Documents for I-140 (EB2) appeal process

[IneedAllGreen]

Just curious to know if anyone has sent additional document to AAO office for I-140 appeal process in past? If any one had done this in past and had success then please share with us. We are going to send new evidence on Ability to Pay and Education related documents to AAO office for my I-140 EB2 case.

Does anyone got any I-140 appeal decision recently? I would like to know now a days how many months it takes for AAO office to respond for I-140 EB2 cases. As of now my date is current but I am stuck due to I-140 denial on both Ability of Pay and B.S equivalent education. I am confident that my documents are correct to prove I-140 denial notice WRONG.

Your input is much appreciated.

Thanks

INeedAllGreen

[rockyleim]

Now a days Eb2 takes 30 months to process , I am not sure how the time has increased from 22 months - 30 months after AAO ramped up their staff. I am not sure why you are sending the docs, Did they ask you send, Was there an RFE on your case ?

I have recently found from a article in AILA that you could expediate the case in AAO not sure we we fall in that condition.

[IneedAllGreen]

2 years ago (in April/May 2009) AAO was showing I-140 EB2 - Advance Degree category had 24 months of delay in processing time but now their site shows 27 months of delay in processing. Now a day people are waiting for their decision after 30 months of appeal to AAO office. Don't know why. I have been reading about it recently since my date of AAO decision is coming closer (I had applied for I-140 EB2 appeal in May 2009)

Please share link on AILA article for speedy processing of appeal cases. I do not find anywhere on AILA site.

In my I-140 decision USCIS wrongfully understood that my employer did not pay salary equal to or greater than specified in PERM labor. I joined my employer's company in April 2006 and got partial W2 for that year. In my I-140 denial USCIS was argue that 21006 W2 amount was less than salary amount set in PERM labor. For to rectify this confusion my employer has written nice letter proving that I joined company in April 2006 and paid full salary till end of the year. I joined company in same year 2006 as when company filed for my PERM so there is confusion from USCIS side. We have also send all W2 ( from 2006-2010) to prove that company is still paying more than ability to pay salary set in PERM. I think it is USCIS's mistakes which do not see W2 correctly.

Second issue which USCIS argued that I do not have 4 years of Bachelor's degree from India. Which is not true I did my B.E. from India after attending 3 years of Diploma in Engineering course (Its 10 +3+3 education pattern which is not common in India but legally allowed based on lateral entry to direct second year of Engineering degree course based on earlier attending of 3 or 4 years of Diploma in Engineering course) . According to *************** and AACRAO (I made education equivalent certificates from these agencies) I have done Equivalence of 4 years B.S degree in USA. I have also sent letter from College that explains above information on admission process done from Diploma to Engineering Degree in India. This college letter has clearly explained 2 types of admission patterns for admission in Indian engineering colleges. In past several Indian people had shown this type of letter as a proof to approve their I-140 case. AAO in their I-140 appeal decision has mentioned thousands of time about AACRAO database in order to verify if candidate has 4 years of Bachelor’s degree or equivalent. Please refer to AAO decision in case of doubt.

I spoke to my attorney about preparing these above documents and sending as additional evidence to make my case strong. He agreed and after that I started working on it. For me my friend it took me more than 8-9 months ( I started working on this process in August 2010) to prepare and to send additional document for I-140 appeal process. I would not wait till AAO send me any RFE on any documents that I can send upfront. I already had 2 RFEs before USCIS denied my I-140 case. I agreed that somewhere attorney made a mistake on sending correct document on both RFE to USCIS to avoid this AAO mess. I had applied for my I-140 in January 04, 2007 (USCIS send me 1 RFE in 2007 and second in 2008 and denied my case in April 2009) and am still waiting for their favorable decision. And I think I and my company is right about our documents and process.

Thanks

INeedAllGreen

[rockyleim]

Well i am sorry to hear your denial. I am also in the same situation but in EB3 with A2P issues. I am earning more than what is mentioned in PERM. Attached is the link from AILA

in last para of pg 3 they mention something about expedite. I am not sure if we can do any of that but this is ridiculous. It looks like the AAO timings are increasing from jan, 11. The latest on processing time is published on AILA web site and its 30 months for EB2 and 32 for EB3. I am really frustrated by seeing these timings after waiting for 2 years now i have to wait for another 10 months for some joker to open my case and find USCIS made a mistake.

[This message was edited by Admin on June 23, 2011 at 08:01 AM.]