AC21- Case I-485 Approved.......

[PERM2006]

Hello All,

I did ask this question in another forum, but I will try here again. I am wondering if its okay to file AC21 with unapproved I-140. Can someone help me with, if this is not a good option?

Thanks in advance...

[bharatpremi]

Hello All,

I did ask this question in another forum, but I will try here again. I am wondering if its okay to file AC21 with unapproved I-140. Can someone help me with, if this is not a good option?

Thanks in advance...

Do not use AC21 withouthaving the proof of I-140 approval. It is very risky and delay prone process. Wait till I-140 approval

[ginnu]

Hello All,

I did ask this question in another forum, but I will try here again. I am wondering if its okay to file AC21 with unapproved I-140. Can someone help me with, if this is not a good option?

Thanks in advance...

if you want to file AC21 file AFTER your I-140 gets APPROVED.

[mohicanMTR]

What next after this MTR notice?Anyone else in same boat?

My MTR was reconsidered--what a relief. Here is the response:

"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?

[qa13]

What next after this MTR notice?Anyone else in same boat?

My MTR was reconsidered--what a relief. Here is the response:

"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?

Hello...

I would like to know if you and your spouse 485 both got denied or jusy yours.My attorney asked to wait for spouse denial to open MTR.

Do you think we have to wait for spouse denied letter or just go ahead and apply MTR?

Thanks!