2008, 2009 - I40 Appeal - Update

[bingoring]

Hi,

My i140 was denied and we appealed in Nov 2008, case was transfered to AAO in Feb 2009. Since then no update. It has been 29 months since transfered to AAO.

Did anybody who appealed in and around this time frame get an update.

What options do i have in terms of following up on this appeal.

Any response from anybody will be much appreciated.

Thanks

[odnamra]

Hi Bingoring,

It seems that your acceptance date is close to mine. This is the history of my case:

I290B was accepted by AAO on January 7, 2009. Since then, I have not received any update. Last time that the processing times were available in AILA, in May 2011, it was 32 months for EB3 - professional. So in theory, my I290 has been in AAO for 30 months. By checking some of the previous postings, it seems to me that processing time is in line with other cases.

I wish the best of luck to all of you.

[bingoring]

Hi odnamra,

Thanks for the reply. I have been searching the forum to see if anybody has gotten any response. Could not find a whole lot of responses from the 2008,2009 I290 Filings.

Good luck to you also. My I140 is EB2, hence the wait time was listed as 30 months per the processing time report in May.

I will post if i get any updates. Please post if you get any updates.

Thanks

[inalimbo]

my case was also denied and appealed in 2009. Received a notice of intent to deny in May - have sent additional documentation, but no response yet!

Have you tried contacting AAO? Does it work?

[bingoring]

inalimbo - Hopefully with the additional documents you have sent, your case will be approved. good luck for that...

No, I have not yet contacted AAO, since it is within the response time of 32 Months(as of the july date) for AAO. Maybe if i don't hear anything by 32 months, then maybe contacting AAO might be an option.

http://www.aila.org/content/default.aspx?docid=36144

did you check with the attorney on how long of a wait after furnishing additional documents in may?

what month in 2009 was your application accepted by the AAO.

Thanks

[encourage]

My I 140 appeal for ability to pay issue, is with AAO since Dec 2008. It is past processing times, still no updates. Meanwhile filed a new I 140 in EB3 category and was approved in Apr 2011.

But my priority date is current for the appeal with AAO. In the process my son has aged out. Is there any way we can get help in expediting this case.

[bingoring]

Encourage: The latest processing times are 32 months for EB2 and 34 months for EB3. So based on this, if your first application was eb2 then this august would be 32 months. Hopefully things will work out for you.good luck.

[encourage]

bingoring: Thanks for your positive reply. Everyday believing that God will work out everything for good. Wish you also the very best.

[inalimbo]

hello - did anyone receive a reply yet?

[bingoring]

I have not heard back anything. My 290b is Feb 2009. I have kind of given up hope and have stopped expecting.

[on_h1b_since_1998]

Hello Guys,

I recently got my GC(EB3) but not before going thru a lot of hassle with the AAO case. I would suggest for anyone who has file AAO appeal and waiting for it to try and withdraw the case if you have a good backup. In my case the 140 appeal was filed back in 2008. In the meantime I started another case with Labor filed around Apr. 2009. My 140 on this got approved by Mar. 2010(I was able to port 1999 date from my previously approved 140) and I successfully interfiled with my 2007 485 case(this was pending even if the underlying 140 was denied in 2008). There was no progress since Apr. 2010 and later with Congress and TSC inquiry I found out that the pending AAO case was a hurdle to my 485. My attorney sent request to withdraw the case in Aug. this year. AAO office completed the request and responded back in Sep. and I got my 485 approval on 11/16.

If anyone needs more details I can provide.

[bingoring]

Hi.

If anybody from this timeframe is still waiting, I got a negative reply laser week. Just wanted to post to give an idea of the timeframe.

Thanks

[IneedAllGreen]

Bingoring,

Could you please share with us what was the reason for original denial and the conclusion of AAO decision. Looks like it took 35 months in your case for AAO to come up with their decision.

Thanks

Ineedallgreen

[bingoring]

Hi,

The initial rejection and the current rejection were both based on ability to pay.

Thanks

[k_hsemar]

Hello All,

Was there any recent updates on 2009 appeal? please post your updates.

currently we have no idea whether any applications processed.