Help with I-140 MTR denial

[gcstatustracker]

Hi,

My company filed EB3 I-140 and USCIS issued a RFE for Ability to Pay, which my company did not receive. USCIS denied my I-140 and company filed MTR without RFE reply. USCIS denied the MTR with the RFE info. So attorney sent financial details of the company to USCIS. My local congressman's office also sent a letter to USCIS requesting to reopen my case. I have I-485 filed based on this I-140.

Meanwhile, my company filed a new EB2 I-140.

Can you please let me know my options to salvage my EB3 I-140 and associated I-485 petition. Also please let me know if I can transfer the EB3 priority date and the associated I-485 petition to the EB2 I-140.

I would really appreciate any help in this matter.

Thanks

 

[EricS]

Hi,

My company filed EB3 I-140 and USCIS issued a RFE for Ability to Pay, which my company did not receive. USCIS denied my I-140 and company filed MTR without RFE reply. USCIS denied the MTR with the RFE info. So attorney sent financial details of the company to USCIS. My local congressman's office also sent a letter to USCIS requesting to reopen my case. I have I-485 filed based on this I-140.

Meanwhile, my company filed a new EB2 I-140.

Can you please let me know my options to salvage my EB3 I-140 and associated I-485 petition. Also please let me know if I can transfer the EB3 priority date and the associated I-485 petition to the EB2 I-140.

I would really appreciate any help in this matter.

Thanks

You mention
<<So attorney sent financial details of the company to USCIS.>>
Did he file a Appeal? If not then how did he send, was there another RFE?
Appeal is the only way to save that 140. Once the 140 is approved, then only you can transfer the Pd to new 140.

 

[gcstatustracker]

You mention
<<So attorney sent financial details of the company to USCIS.>>
Did he file a Appeal? If not then how did he send, was there another RFE?

Company attorney first filed 290B without reply to RFE. USCIS denied 290B with RFE info . Then the company attorney just send a letter to USCIS with the RFE reply.

 

[dryheat]

How can be denial and RFE in the same time?

 

[gcstatustracker]

How can be denial and RFE in the same time?

USCIS previously issued RFE for A2P which my company attorney did not receive. So when USCIS denied the case they sent RFE info along with the denial notice. This is the info I have from my company attorney.

 

[starvalue]

Appeal after MTR denial

I am also facing a similar situation. My I-140 denied based on the ability to pay issue on January 9th. We filed an MTR on February 8th. MTR got denied on March 31st. Denial letter doesn't say anything about the options I have after the MTR denial. What can I do next? can I go for another appeal ? I could apply for my H1B 9th year extension by last week of May if another appeal is possible. I would appreciate if anyone has a helpful tip to share.

 

[EricS]

USCIS previously issued RFE for A2P which my company attorney did not receive. So when USCIS denied the case they sent RFE info along with the denial notice. This is the info I have from my company attorney.

IMO, they may have sent the info that was originally contained in the RFE, doesn't mean you can reply to the RFE. You can use that information and do an Appeal (290 B). I also think that initially your attorney file MTR only because 290 B (MTR + Appeal) takes some months to get a decision.

 

[EricS]

I am also facing a similar situation. My I-140 denied based on the ability to pay issue on January 9th. We filed an MTR on February 8th. MTR got denied on March 31st. Denial letter doesn't say anything about the options I have after the MTR denial. What can I do next? can I go for another appeal ? I could apply for my H1B 9th year extension by last week of May if another appeal is possible. I would appreciate if anyone has a helpful tip to share.

If MTR got denied, you can file for an appeal (290B). I think it need to be filed within 30 days from date of denial of MTR. Appeal usually taked few months for the decision ( like 10 to 14 months for EB3). In the meanwhile, you can apply for 9th year H1 ext. and also file another LC as a backup if you want.

 

[starvalue]

Where to file Appeal

If MTR got denied, you can file for an appeal (290B). I think it need to be filed within 30 days from date of denial of MTR. Appeal usually taked few months for the decision ( like 10 to 14 months for EB3). In the meanwhile, you can apply for 9th year H1 ext. and also file another LC as a backup if you want.

MTR denial says
ORDER: It is ordered that the motion be denied. It is also ordered that the petition remain denied. The motion is hereby denied.

My denial doesn't say about an appeal. Where should send the appeal? to the Administrative Appeals Office or to any other address please advise

 

[EricS]

MTR denial says
ORDER: It is ordered that the motion be denied. It is also ordered that the petition remain denied. The motion is hereby denied.

My denial doesn't say about an appeal. Where should send the appeal? to the Administrative Appeals Office or to any other address please advise

I think the denial should mention about the appeal, not sure. Anyway, here is the link from USCIS website about how to appeal.
http://www.uscis.gov/portal/site/us...nnel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD

 

[starvalue]

Appeal to I-140 or MTR ?

I think the denial should mention about the appeal, not sure. Anyway, here is the link from USCIS website about how to appeal.
http://www.uscis.gov/portal/site/us...nnel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD

I spoke to an attorney he said an appeal can be filed but he is waiting for the papers from my old attorney. I have very limited time to file an appeal.
(1). Appeal is for I-140 denial or the MTR denial?
(2). If the appeal is for I-140 then what about the 30 day period? Does it count from the initial I-140 denial date or the MTR denial date?(3). what is the receipt number and date of denial (140 or MTR) should I mention in the I-290 B form.
I want to get the papers ready from my employer if the attorney is dragging it to the last moment? Any help..

 

[EricS]

I spoke to an attorney he said an appeal can be filed but he is waiting for the papers from my old attorney. I have very limited time to file an appeal.
(1). Appeal is for I-140 denial or the MTR denial?
(2). If the appeal is for I-140 then what about the 30 day period? Does it count from the initial I-140 denial date or the MTR denial date?(3). what is the receipt number and date of denial (140 or MTR) should I mention in the I-290 B form.
I want to get the papers ready from my employer if the attorney is dragging it to the last moment? Any help..

I do not personally know how it is supposed to work, but this is my best guess. Appeal should be for 140 and 140 receipt number should be mentioned on the 290 B. You can write in the cover letter that you filed a MTR (privide MTR receipt number in cover letter) and now you are filing the appeal within 30 days of denial of the MTR.

Best of Luck!

 

[crossroad]

Guys, my I-140 was denied on May 19th 08 by USCIS saying we failed to respond the RFE. But my lawyer says he never received RFE from USCIS.

Strangely, the denial did NOT accompany the RFE info as it says in your case. I am now worried as why I didn't receive the RFE info.

Is that Normal?
Please reply...

Thanks

 

[manwithnoname]

There were several postings of this kind. Ask your employer to file a 'Motion to Reopen' for the I-140 case, citing that the RFE was never received.

 

[starvalue]

Appeal to I-140 or MTR ?



I spoke to an attorney he said an appeal can be filed but he is waiting for the papers from my old attorney. I have very limited time to file an appeal.
(1). Appeal is for I-140 denial or the MTR denial?
(2). If the appeal is for I-140 then what about the 30 day period? Does it count from the initial I-140 denial date or the MTR denial date?(3). what is the receipt number and date of denial (140 or MTR) should I mention in the I-290 B form.
I want to get the papers ready from my employer if the attorney is dragging it to the last moment? Any help..

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Its a long time since I visited this forum. After renewing my H1 citing an appeal receipt number, I did abandon my old company and their petition. I joined another company and they filed a new petition in EB2 category and it got approved without any hiccups. Subsequently my 485 got approved and I received my green card few years ago. In my opinion most of the immigration problems could have been avoided if the attorneys were ready (knowledgeable too) to verify the financials of the petitioner and the educational qualifications of the beneficiary before they start the filing process.