MRT/appeal H1B denial

[tomes]

We filed H1b Petition 8-04 and later (11-04) used Premium Processing.
Then they were asking for add. evidence to state the need of a B.Sc degree
which my laywer turned in correctly.
The case got denied but it seems obvious that they havent taken
all evidence letters into their decision.
Thus we filed MRT/appeal on 1-3-05.

Now we got written notice with receipt date 1-7 and notice date of 1-18
which states the same as online:

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

On January 18, 2005, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case.
-----------------------------------------------------------
Is this part of the MRT process or did they already pass it along to AAO
since the officer in Nebraska SC didnt consider a reopening ?

Can someone share experience ? How long will it take ?
Thanks for any help !

[xlmicro]

Tomes
I hope by now you have some positive information on your pending MTR H1B case.

I read somewhere in the forum that the MTR/I-290b Appeals take any where between 30 to 180 days.It depends on the complexity of the case though.

May be you can find out from your lawyer,he may be aware of the procedure.


Also, may be Gurus like Jim Mills,Ginnu etc.,may be able to give you more pointers!

Good Luck!

[VisaProblem]

Even i had MTR against my case earlier but i immediately transferred my case to other company with receipt and paystub in other centre and it got approved, My earlier company has appealed but its stats same status for me online. One more advice you are not suppose to work for your employer once your case is in MTR state, This is not to frighten you but to say the fact according to me you can try transferring your case to new employer with receipt and latest paystub there is good chance of getting it approved rather fighting on existing case.

All the best, transfer your case to new employer ASAP.

VP

Tomes
I hope by now you have some positive information on your pending MTR H1B case.

I read somewhere in the forum that the MTR/I-290b Appeals take any where between 30 to 180 days.It depends on the complexity of the case though.

May be you can find out from your lawyer,he may be aware of the procedure.


Also, may be Gurus like Jim Mills,Ginnu etc.,may be able to give you more pointers!

Good Luck!

[ajaysri]

Hi Tomes,

I am having a similar issue. My H1 transfer was denied and we appealed with for I290. Today(24 Match 05) the UCIS web site status shows that the case has been transfered to the AAO.

Was there any update in your case?
You might have done some research for this. Do you know how much time would it take for this kind of case to be approved ( hopefully ) at the AAO. My H1 transfer was from california service center.

Thanks
Ajay Sri

[tomes]

Hey Ajaysri

well I did a bunch of research,
but first off I have to say that my case is not a transfer
but a new application.

My case is at AAO for 2 months now.
Official timeline is 12 months - my lawyer expected 6.
Online status shows nothing, just that they received the case.
Meanwhile I even had a congress man calling AAO and they told him 12 as well.
I dont know whats happening next but I probably file
for a new one once it is possible.
check also murthy{dot}com forums for helpful infos

Tomes

[VisaProblem]

Hi Tomes,

I would advice rather file a new application to another company as there is very remote possibility to get approval once case goes to AAO. My H1 transfer was denied i immediately transferred my H1 to another company and fortunately it got approved.

All the best...


VP

Hey Ajaysri

well I did a bunch of research,
but first off I have to say that my case is not a transfer
but a new application.

My case is at AAO for 2 months now.
Official timeline is 12 months - my lawyer expected 6.
Online status shows nothing, just that they received the case.
Meanwhile I even had a congress man calling AAO and they told him 12 as well.
I dont know whats happening next but I probably file
for a new one once it is possible.
check also murthy{dot}com forums for helpful infos

Tomes

[tomes]

VP
thanks for your advice.
My situation is that I basically dont want to work
in any job in the US but with this specific company.
There have been a few structural changes but the
job remains the same.
My problem has been that it got denied as
the officer didnt read all RFE documents.

We are looking into filing a new case April or under 20k quota.
Do you think chances are good or do I come up as red flag ?

[VisaProblem]

Hi Tomes,

I think chances are fairly good if you file new petition, but my advice will be not to file your case in same service center just to be safe.

All the best.

Rgds,
VP

VP
thanks for your advice.
My situation is that I basically dont want to work
in any job in the US but with this specific company.
There have been a few structural changes but the
job remains the same.
My problem has been that it got denied as
the officer didnt read all RFE documents.

We are looking into filing a new case April or under 20k quota.
Do you think chances are good or do I come up as red flag ?

[tomes]

I thought you have to file with a specific Service Center
that depends on your companies location.
Is it possible to file with any other ?

[VisaProblem]

Ya u r right. It depends on companies location but if company has 3-4 different location then you can file from other location too. I would suggest you ask your company about it and if possible file from different location

I thought you have to file with a specific Service Center
that depends on your companies location.
Is it possible to file with any other ?

[tomes]

Well, the company is a small R&D group basically a design house.
.....just 1 location that has to deal with Nebraska then....

[VisaProblem]

No problem i think your fresh petition should come through without problem.

Well, the company is a small R&D group basically a design house.
.....just 1 location that has to deal with Nebraska then....

[xlmicro]

Folks
Just to-day, my friend told me about her case, similar to the ones posted here. I am not sure if it helps you as a reference.

Brief Case History

1) H1 transfer filed in April '04 in VSC (no paystubs)

2) As expected RFE sent in July'04, for paystubs--to ensure status

3) Replied to RFE in Oct'04( well before the 12 week deadline given by BCIS)

4) In dec'04, BCIS denied H1 transfer saying that the application for transfer was abandoned.( RFE reply was not received by them at all, lost in mail probably)

5) Jan'05 filed a timely appeal I-290 B,with new evidence ,brief,& affidavits.(She used a good lawyer for filing this motion). BCIS issued new receipt numbers in January '05

6) March 28th '05 LUD(Last Update Date) changed---on line Status changed for the original receipt numbers(I-129) filed in March'04.
But
The online status remained same for I290B cases filed in Jan'05,though the LUD changed again to-day(3/29/05). For both original petition & Appeal.

7) The current online status of the Origninal transfer(filed in April'04) changed as follows

"To-day, March 28th 2005,this case is opened on a BCIS motion, it is taking between 60 to 90 days to process this kind of a case. We will mail you a decision as soon as the processing is completed."

Since the case is opened on BCIS motion(not sent to AAO), Is this a good news? Can my friend expect a favorable decision?

Any feed back is appreciated.

Regards

Madhuri

[ajaysri]

Hi Madhuri,,

I think that should be a good news. As the case was not sent to the AAO, you might get a decision on the case much earlier.

[ajaysri]

Hi Madhuri,

I have a question in this case..After you filed a reply using form 290B, did the status on the web site ever change to show that this case has been transfered to the AAO?

[ajaysri]

Hi, mine is a H1 transfer and it got denied. The USCIS website shows the status as "On March 24, 2005, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case".

whats the minimum time the AAO would take to open a H1 file? The web site says 6-12 months..Any one knows of a similar situation. Also, if the requested evidence is provided, is there a chance of approval?

[xlmicro]

Ajaysri
Thanks for your feedback.
I just checked with my friend, she informs that, she checked the online status regularly on every day (including weekend/holidays), since filing the Appeal in Jan'05.Throughout,the status remained the same and LUD same.

Only on 3/28 she got an email notification(for I129 petition filed in April'04) plus the online status changed including LUD(Last Updated Date) for the original petition(filed in April'04)

On 3/29 LUD changes for both Original petition & I290B. though there was no change in online status for the appeal.It remained the same since Jan'05.

Is it a good sign if it is not sent to AAO?
She is totally confused & tensed up.

Hope that all your cases would be decided in your favor.

Regards
Madhuri

[sunnyap]

I think it is a good sign if it is being adjudicated in CSC instead of AAO you might hear the approval soon.
AJAYSRI,
yes you will get a new WAC number with which you can track the case

[xlmicro]

Update:
After months of uncertainity,some good news!!!

I believe,my friend's H1 transfer was approved in April 1st week, she is waiting for approval notice.

It seems, on the approval day,she got four emails(identical emails) informing about her approval. Her husband's H4 is still pending even 3 weeks after her H1 is approved.

She is worried now that she may get H1 w/o I94(As her husband's H4 online status did not change)

I would post if anything happens in her case.

[Ad_Sau]

Madhuri:

Could you please disclose the name of the lawyer your friend consulted? My husband's Change of status from H1B to F1 has been denied and we need to speak to a lawyer to reopen the case.

Thanks.

[snowshoe]

Gurus please help me,
company "A" has applied for my H1B on 7th June at VSC. It is a Bio-IT company. I have done my medicine from India and Clinical Research Professional program from U.S.
I got an RFE saying that justify that the candidates qualifications matches the position. My position mainly concentrates on biological field. My lawyer says that it is going to be no problem in answering this RFE as he will be able to justify it.But I am not sure if the INS will accept it. I am very tensed at this moment.
Can anyone tell me if this is going to have any negative effect on the approval. Has anyone faced a similiar RFE.
Please guide me.

-Snowshoe

[neophyte]

Hi Tomes,
Have you heard anything from AAO? My case is similar to yours.

Mine is a new h1b petition filed under premium processing in June 2005. Initially there was a query on the work place and client. A week back I received a message that this case was transferred to Administrative Appeals Office for review. My employer says that this is not a case of denied petition.

Does't it mean that petitions referred to AAO are rejected cases? How long does it take for AAO to respond on this.


Appreciate any response on this.

Thanks.

[robindecena]

Mine is more than 12months now.. and its been a year of frustration on my end.

It went trough the AAO around April, 2005 and its now near May and yet Im still haven't receive any new about my appeal.

[robindecena]

Meanwhile I even had a congress man calling AAO and they told him 12 as well.
I dont know whats happening next but I probably file
for a new one once it is possible.
check also murthy{dot}com forums for helpful infos

Tomes

Tomes, any chance to share the number of AAO (not the 1-800 Number CS of USCIS) ? mine is more than 12months now pending

Your response regarding this matter is highly appreciated

[robindecena]

Its been 15 months now.. still no response nor result from my AAO appeal


I therefore conclude the 13 months shown on websites as the processing time for AAO this year, Its all WRONG and MISINFORM people!

Mine is more than 12months now.. and its been a year of frustration on my end.

It went trough the AAO around April, 2005 and its now near May and yet Im still haven't receive any new about my appeal.

[manreh]

New H1B petition. USCIS sent Denial Decision Notice saying that my employer is inelgible and Computer System Administrator position is not a speciality occupation. My employer told that he will file an appeal which in the Attorney's opinion has bleak chance. What shall I do? Can I transfer my case to other company whose documents are OK.

[manishas]

Hi Tomes,
I read your scenario , although the post is very old, I am in same situation and wanted to know if appealing the case helps? Most of the discussion I read, suggest to apply for new h1 transfer through different company.
I actually like this current job very much from all aspect and I am not sure if I can get something close to this
if i start searching all over again so my heart says to wait for the appeal result. Is it possible that I take action after the appeal results come, or I will be out of status immediately after it gets denied?
Whats the likeliness of success? I got RFE and later on denial on the grounds of:
1. Whether the offered position qualifies as a specialty occupation.
2. valid contracts between the client and employer is missing.
My lawyer claims that he has been getting approval for 13 years on the ground of same documents what were shown for me. So likely is that my application got into really very strict hands.

Regards,
MS

We filed H1b Petition 8-04 and later (11-04) used Premium Processing.
Then they were asking for add. evidence to state the need of a B.Sc degree
which my laywer turned in correctly.
The case got denied but it seems obvious that they havent taken
all evidence letters into their decision.
Thus we filed MRT/appeal on 1-3-05.

Now we got written notice with receipt date 1-7 and notice date of 1-18
which states the same as online:

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

On January 18, 2005, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case.
-----------------------------------------------------------
Is this part of the MRT process or did they already pass it along to AAO
since the officer in Nebraska SC didnt consider a reopening ?

Can someone share experience ? How long will it take ?
Thanks for any help !