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  • Appeal the Decision

    I got denial notice for my 140 in Jun 22 2008 . My employeer said he applead the case but there is no response from USCIS.

    Is there any way we know from USCIS that my company sent required papers for appeal or not.

    Is there any thing we can do to get that priority date.

    Pls let me know the details.

    Thanks

  • #2
    Not enough info

    You have not provided enough information to provide a meaningful response.

    The date you mention:

    --is it a filing date for the labor cert/PERM?

    --is it a filing date for the I-140?

    --is it the date of the denial from a Service Center?

    --is it a date of an AAO Dismissal?

    What EB category was the petition for?

    It is the Employer who is the affected party for appeal purposes, that is who gets the correspondence from USCIS. You need to ask them.

    They may have information that you are unaware of. Also, they could need information from you (it would be too late by now but if they needed something and couldn't get it in time for the appeal...)

    AAO processing timeframes are broken down by classification of the position so you could check to find out what they are working on now. You need to know the EB class appiled for and the date the appeal was filed.

    This info is available on the AAO page at uscis.gov

    I – 140 EB1
    (A) - Alien with Extraordinary Ability
    7 Months

    I – 140 EB1
    (B) - Outstanding Professor or Researcher
    6 Months *

    I – 140 EB1
    (C) - Multinational Manager or Executive
    15 Months

    I – 140 EB2
    (D) – Advanced Degree Professional
    24 Months

    I – 140 EB2
    (I) – National Interest Waiver
    7 Months

    I – 140 EB3
    (E) – Skilled or Professional Worker
    25 Months

    I – 140 EB3
    (G) – Other Worker
    20 Months
    Last edited by BigJoe5; 10-27-2010, 10:10 PM. Reason: typo

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