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  • i140 appeal question

    Hello,

    I had applied for GC under EBa1 category (under premium processing), which was denied after an RFE (based on 1 out of 3 criteria; the other 2 were satisfied). My attorneys believed USCIS had erred since they did not even mention why they denied the strong evidences (they just mentioned the weak evidence as the reason of denial and completely overlooked strong ones). We filed an appeal i290B with them and roughly 23 days after we submitted the brief, my case status changed to 'Post-decision activity' saying 'On August x, 2017, we sent your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number SRCxxxxxxxxxx, to the Administrative Appeals Office (AAO) for review. That office will mail you our decision or send you a request if it needs something from you. Please follow any instructions provided to you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.' This title changed the same day to 'Case Was Sent To The Administrative Appeals Office for Review' in place of 'Post-decision activity'.

    Now the question is I thought the AAO decision is returned to the field office to issue the final decision instead of AAO making the final call and mailing the applicant the final decision. So I am confused what's could this mean and would greatly appreciate a 2nd opinion (attorneys preferred but other opinions appreciated as well) on this.



    Thanks a ton!

  • #2
    Time is valuable. Why is your employer appealing their denial instead of filing a new immigrant worker petition?

    Comment


    • #3
      Case transferred to new office

      Today my status was updated to:

      Case Was Transferred And A New Office Has Jurisdiction.

      On August x, 2017, we transferred your Form I-290B Notice of Appeal to the Commissioner, Receipt Number SRCxxxxxxxxxx, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by September 2, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

      Anyone knows under what circumstances would this occur?

      Comment


      • #4
        Have you had any new updates? I have similar situation here.

        After filed the appeal for I 140 Eb1a for 5 months, this is the status updated.

        "Case Was Received At My Local Office
        On October 24, 2017, we received your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number ZZZ, at your local office. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

        Don't know what this means. Anybody knows? Thanks a lot.

        Originally posted by ConfusedSoul22 View Post
        Hello,

        I had applied for GC under EBa1 category (under premium processing), which was denied after an RFE (based on 1 out of 3 criteria; the other 2 were satisfied). My attorneys believed USCIS had erred since they did not even mention why they denied the strong evidences (they just mentioned the weak evidence as the reason of denial and completely overlooked strong ones). We filed an appeal i290B with them and roughly 23 days after we submitted the brief, my case status changed to 'Post-decision activity' saying 'On August x, 2017, we sent your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number SRCxxxxxxxxxx, to the Administrative Appeals Office (AAO) for review. That office will mail you our decision or send you a request if it needs something from you. Please follow any instructions provided to you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.' This title changed the same day to 'Case Was Sent To The Administrative Appeals Office for Review' in place of 'Post-decision activity'.

        Now the question is I thought the AAO decision is returned to the field office to issue the final decision instead of AAO making the final call and mailing the applicant the final decision. So I am confused what's could this mean and would greatly appreciate a 2nd opinion (attorneys preferred but other opinions appreciated as well) on this.



        Thanks a ton!

        Comment

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