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Go Back   ImmigrationPortal Forums > Immigrant Visas (Green Cards) > I-485 Issues > I-485 Issues Common to All Services Centers > I-485 Portability (AC21)

I-485 Portability (AC21) Change employers after 180 days. What if you are laid off before 180 days.

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Old 18th February 2009, 12:26 AM
mohicanMTR mohicanMTR is offline
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MTR vs. MOTIC

My MTR was filed in Feb 2009 and I have a receipt notice of Feb 9th 2009. However, the receipt notice mentions MOTIC on the top right hand side instead of MTR. My question to resourceful members on this forum:

1. What is the difference between MTR (Motion to Re-Open/Reconsider) vs. MOTIC (Motion to Reopen before Commissioner)?
2. If there is a difference is MOTIC bad or good?
3. What kind of of timeline should I expect. My case is one of wrongful I485 denial due to I140 revocation and non-adherence to AC21 guidelines
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Old 16th March 2009, 07:22 PM
mohicanMTR mohicanMTR is offline
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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In the case at hand, the I-485 was denied because the underlying I-140 was revoked.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My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.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 Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?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?
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