VSC I-140 Denied MTR Sent and waiting for response TRACKER

[shriyaz]

That is good. What did you file - I290A or I290B? I am the only one here whose 140 was reopened more then 9 days back and is still pending ...

you are not alone. Mine was opened about 3 months back

[dazzling]

shriyaz, the main difference between your's and everyone else is that their 485's also got reopened at the same time. I don't think that your's has.

I talked to my attorney and we will be doing a new MTR for reopening of my wifes 485.

[shriyaz]

shriyaz, the main difference between your's and everyone else is that their 485's also got reopened at the same time. I don't think that your's has.

I believe the practice oif reopening I485 on concurrent cases has started just now after LOTs of motions were filed. However I could be wrong as well.

Thanks
Rick

[dazzling]

I believe the practice oif reopening I485 on concurrent cases has started just now after LOTs of motions were filed. However I could be wrong as well.

Thanks
Rick

Rick,

I think we both are in the same boat now because I am not seeing any activity on my 140. I am not expecting any activity also .. so basically we are stuck. Are you EB2 or EB3. I am EB2 and since the processing time frame for EB2 is still showing in last year, I cannot ask to do a case status referral also ...

[need_green_card]

Today I received receipts number for my i290A and i290B application. Message on my original i140 is same as old, same with 485. Message for 290 A&B, is same as "we received your application for bla bla bla and its taking around 30 to 180 days for us to process this kind of application.

i290A & i290B receipt date is December 7th, 2004.

How much time from now it will take for them to take any decision, any inputs will be highly appreciated.

Thanks

[lc2003]

You will see some update before 60 days. It could be approved within VSC or forwarded to AAU for further processes.

Did you get I129A & B from VSC ? I am just curious to see, NSC sent only I129B and not sure for other people.

[varma74]

That is good. What did you file - I290A or I290B? I am the only one here whose 140 was reopened more then 9 days back and is still pending ...

290 b

[dazzling]

My wifes 485 was reopened yesterday. So now all our cases are open again.

12/06/2004 - 140 reopened on BCIS Motion
12/06/2004 - 485 (Self) reopened on BCIS Motion
12/16/2004 - 485 (Spouse) reopened on BCIS Motion

[bcis]

what is meaning of reopen? did u send separate MTR's for 485?
where is ur case sitting Service center or AAU?

Can I work on EAD when 140 appealed?
Please advise me.

Thanks,

My wifes 485 was reopened yesterday. So now all our cases are open again.

12/06/2004 - 140 reopened on BCIS Motion
12/06/2004 - 485 (Self) reopened on BCIS Motion
12/16/2004 - 485 (Spouse) reopened on BCIS Motion

[dazzling]

what is meaning of reopen? did u send separate MTR's for 485?
where is ur case sitting Service center or AAU?

Can I work on EAD when 140 appealed?
Please advise me.

Thanks,

Reopened means that my case is opened for processing. So it is sitting in the service center and not at AAU. I did not file separate motions for 485. If 140 is opened, as per policy, they have to reopen all dependent applications.

I think you can work on EAD if the message on your 485 changes to "... this case has been reopened on a BCIS motion ... ". If it is not changed, then your 485 is still in the denied state and you cannot work on EAD (this is as per my lawyer who belongs to a famous law firm)

[lc2003]

My I140 status updated with the following information.

As per my attorney, they already sent out the brief to CIS.

why do I get this message ?, I appreciate all your inputs.

-------------------

On December 13, 2004, we granted an extension to file a brief in support of this case. The case is currently on hold pending our receipt of the brief. The brief must be submitted within the extension period given in the notice.


-------------------

I290B - LUD updated with the same day.

[EricS]

These are details about my case:

My I-140 and 485 was denied on 11/16/2004.
My I-140 was denied on 2 basis:
1> "Ability to pay issue"
2> Official transcripts not submitted for education.

I was not paid the proferred wage in 2001, 2002 and 2003. My employer did not have enough "ability to pay" to cover the difference.

The second reason was that my lawyer did not attach an education evaluation for my Degree. I was using my own LC.

With UN's help, MTR (290b) prepared and sent on 12/14/2004. Waiting for receipt number.

[EricS]

USCIS received my 290B on Dec 17th.
LUD is Dec 22.

[need_green_card]

Happy New Year, most pply

If anyone has any updates regarding MTR's, please post your latest information, havent heard anything yet for my motion.

Thanks

[sreedharj]

I got denial and replied back on 10/13. LUD on 10/18. No news yet. No LUD sofar after that. Is there any one on same boat like me

FP done and LUD changed on 12/20 on I-485.
I-140/I-290B NO LUD change

-Sreedhar

[manib04]

I got denial and replied back on 10/13. LUD on 10/18. No news yet. No LUD sofar after that. Is there any one on same boat like me

FP done and LUD changed on 12/20 on I-485.
I-140/I-290B NO LUD change

-Sreedhar

My lawyer replied to AAU asking 30 days to provide evidence. However the request has to be reached by DEC 25 2004. We mailed it by 23rd dec and the mail was in Vermont and not received until Dec 27th. How does this work ? Do they look for mailing date ?
Also how soon they send the receipt for 290B ?

Thanks.

[myitneeds]

I filed 290B for appeal, received receipt for USCIS date jan 5th.

No status changed for 485 for both applicants, when can I except to open 485 ? i.e resumed for processing... etc... ?

[ks2005]

Hi ! My I-140 was denied in Nov.2004 but i was informed in the last week of Dec'04 as my company attorney went on vacation. Currently I am on 7th year extention. My case is filed under EB3.
IN the I-140 denial notice, I was given 33 days time for appeal . Can I appeal for MTR even after the specified period (i.e 33 days). Please share your comments on this...

[myitneeds]

KS2005

I think you can file MTR eve after 33 days also, but you need to send( File ) to Washington DC instead the your processing office ( where denied ) explaining reason etc...

Go to USCIS web site, find 290B form, read all the points in 2nd page, you will know all...

hope clears...

[ks2005]

Myitneeds,

Thanks for the information.

[EricS]

With GOD's grace and UnitedNations help, my 140 got approved yesterday, 1/11/2005.

It took 12 working days for my case to be re-opened after sending MTR and it took less than 30 days total for it to be approved. My 485 is opened, but spouse's 485 not opened yet. I will wait for a week before calling USCIS for this.

Best of Luck to all of you!

For details about my case, please see my post in the following thread:

http://www.immigrationportal.com/sh...8&page=87&pp=15

Post:
http://www.immigrationportal.com/sh...&postcount=1301

[dazzling]

With GOD's grace and UnitedNations help, my 140 got approved yesterday, 1/11/2005.

It took 12 working days for my case to be re-opened after sending MTR and it took less than 30 days total for it to be approved. My 485 is opened, but spouse's 485 not opened yet. I will wait for a week before calling USCIS for this.

Best of Luck to all of you!

For details about my case, please see my post in the following thread:

http://www.immigrationportal.com/sh...8&page=87&pp=15

Post:
http://www.immigrationportal.com/sh...&postcount=1301

CONGRATULATIONS !!!!! I can understnad the imense relief you must be feeling right now, having been in your situation not too long back. In my case my 485 got approved on 12/17/2004 and my wifes 485 was reopened just a day before the 485 status got updated. Also I had talked to an immigration officer 2-3 days prior to this event and that officer told me to file a MTR for that. I was about to file a MTR and had almost paid my lawyer 1500 bucks for that when we received the email for reopen of my wifes 485. After about 2 weeks, when I called them again, I came to know that my 485 was approved but the status was not updated. The funny thing is my 140 still shows as reoped on a BCIS motion and I have a GC stamp in my passport

[Sugee]

Hearty Congragulations !!

When did you receive the approval notice on the I-140 ?

Thanks.

[EricS]

CONGRATULATIONS !!!!! I can understnad the imense relief you must be feeling right now, having been in your situation not too long back. In my case my 485 got approved on 12/17/2004 and my wifes 485 was reopened just a day before the 485 status got updated. Also I had talked to an immigration officer 2-3 days prior to this event and that officer told me to file a MTR for that. I was about to file a MTR and had almost paid my lawyer 1500 bucks for that when we received the email for reopen of my wifes 485. After about 2 weeks, when I called them again, I came to know that my 485 was approved but the status was not updated. The funny thing is my 140 still shows as reoped on a BCIS motion and I have a GC stamp in my passport

Hi Dazzling,

Thanks, I have been following your case very closely and I can also imagine what you would have gone thru. Congratulations on your 485 approval and stamp and best of luck for your wife's case.

My wife's case is not re-opened yet. What do you suggest, should I call USCIS now or wait for a week or 2 to see if they automatically re-open that case. Please let me know your opinion. We have not received the finger printing yet.

[dazzling]

Hearty Congragulations !!

When did you receive the approval notice on the I-140 ?

Thanks.

We have not received approval notice for 140. however I know for sure it is approved because I have already got my passport stamped

[dazzling]

Hi Dazzling,

Thanks, I have been following your case very closely and I can also imagine what you would have gone thru. Congratulations on your 485 approval and stamp and best of luck for your wife's case.

My wife's case is not re-opened yet. What do you suggest, should I call USCIS now or wait for a week or 2 to see if they automatically re-open that case. Please let me know your opinion. We have not received the finger printing yet.

I would suggest that you call them. When you enter your case # and the phone system has read your case status message to you, it will ask you to press 6 to proceed. There is a option (option 4), to select if you think related cases have been seperated during processing. Use that option and it will connect you to VSC customer service. Ask the officer what needs to be done.

In my case the officer had told me to file a MTR for my wifes case, but fortunately my case got approved 2 days later and her case was reopened when my case got approved. I was about to file for her MTR and shell out another 1500 bucks to the lawyer.

There is another user on this board who had the same problem. His wifes case was not reopened. His user id is "mandave". You can look up the posts by him. He had to finally file a MTR for his wifes 485 case but he wasted 4 months in the hope that they will reopen her case. My opinion is that talk to the rep and if he says then just file the motion. You can file the motion yourself stating the facts of the case your self and submitting a $110 fees.

[dazzling]

Post by Mandavae

-------------

Re: Wifes 485

--------------------------------------------------------------------------------

Hi

I suggest you need to pay $ 100 again. When you filed MTR to your wife, include your I 140 approval and reopen notice (485) receipt. Clearly mention LIN number of your wife and that should be ok.

Thank you

Hello

My I 140 got denied, but they did not reopen my dependent I 485. It is common mistake made by service center. According to INS, if the main applicant was reopened, the derivative applicant should be reopened, but INS make mistake. So I have to file other MTR for my wife 485 with all the documents(including my I 485 reopend receipt).

I have come in the same boat as you. My 140 and 485 have been reopened but they have not reopened my wifes 485. What documents did you send them for MTR? Did you also had to pay another 110 bucks? Thanks a lot.

[zeemar]

Hi Dazzling,

Can you tell/guess , what might me going on with my case.

My case details
LC filed 09/03 and approved 12/03
140/485 RD Mar 19th 2004
140 Denied: 14th Sep 2004 (ability to pay)
LUDs: 12/03 and 12/06 for both 140 and 485
Status : Opened on BCIS motion...


I290B RD Oct 13th 2004
LUD: 12/03 and 12/06

No LUD/status changes for my case ...after 12/06.
Looks the many of them got their approval with in 7 to 10 days after the LUD changes. I am clue less

Thankyou

[venkat04]

I would suggest that you call them. When you enter your case # and the phone system has read your case status message to you, it will ask you to press 6 to proceed. There is a option (option 4), to select if you think related cases have been seperated during processing. Use that option and it will connect you to VSC customer service. Ask the officer what needs to be done.

dazzling,
Could you please give me more details about the phone call. When I called the 800#, it never asked me enter the case #.
Thanks.

[ravvap]

If 140 denied and within a 30 days if we request for MTR. Can we use existing EAD and AP or do we need to re-apply again.