140 Appeals

Still open my lawyer filed MOTIC on April 27 - she did status update on first week of july - she got reply as "now my case is with a supervisor" - still waiting...........

What abt yours?

bcis said:
what's your status?
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I 140 Approved and EAD denied for My wife

Please help me out. Something wrong here.

I got a notification from INS saying My I 140 got denied on JUN 24th 2004, applied motion to reopen.

Filed oncurrently

This is what I see online for I 140:
This case has been approved. On July 28, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.

Once my I 140 got approved, all the cases should be reopen right even my dependent( my wife)?

This is what I see Motion to reopen

Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER

Current Status:

On July 28, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Since my wife works on EAD, which expires on 30th of this month, I applied to renew her EAD on july 27th 2004.

Now i got letter from INS, her EAD got rejected, stating your application for adjustment of status to that of lawful permanent resident was denied on june 24ht 2004 and therefore is no longer pending before this service.

Please help me out what is the issue here. My I40 got approved once i filed MTR and my and wife I 485 should be reopend( never said that my 485 deneid or my wife 485 denied)

Your suggestion will help me a lot.
 
Mandavae

I'd really appreciate your input on this.

As I read thru your posts, your labor required a "Bachelor's degree and 4 years of experience" and you have an MIS from the US. Was your case EB2 or EB3? Secondly, did you have a 4 year or a 3 year bachelor's degree? Could you please post these details.

I hope you get thru the hassle that you are facing right now. I know it is a difficult process and takes up a lot of time and causes a hell lot of stress.

Thanks!
 
I 140

Lets step back with my case:

My I 140 denied based on my work expereince, since required 4 years of expereince, but i had only 3 years 8 months orginal experience. Since I came her to do my Master MIS (I had BSC and MS in india), I worked as Graduate assistantship for one year 8 months. I used as that expereince to file my MTR of my I 140.
Since my I 140 got denied, so my I 485,wife EAD got deneid.

On july 28th my I 140 got approved.
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status:

This case has been approved. On July 28, 2004, an approval notice was mailed.

and BCIS motion says, this
Application Type: MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER


Current Status:

On July 28, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

As a result, all my cases should be in reopened right (to my understanding) including dependents. Based on that I applied EAD for my wife on July 27th.
Yesterday I got letter, that EAD got denied for her, since I 485 status denied on June 24th.

Any questions, I will try my level best
 
I 140

Unitednations

Thank you. It gives me some relief. Actually I am waitng for your response. Based on your response I can communicate with my lawyer.


Once again Thank you. If you find interested thing regarding my case, please post it.

Mandavae
 
Mandavae said:
Unitednations

Thank you. It gives me some relief. Actually I am waitng for your response. Based on your response I can communicate with my lawyer.


Once again Thank you. If you find interested thing regarding my case, please post it.

Mandavae
Click to expand...

Mandavae,

we are on the same boat. almost same. my 140 got rejected in May, I got notice in June. then my lawyar file Motion to reopen in time. My 140 and 485 were reopened in Aug. and 140 was approved, but no reopen information for my wife, my lawyer sent a letter to CIS at the end of Aug, no repsonse, then I called national service center in early Oct, they sent a request to reopen to Vermont center. Last Friday, my 485 was approved, technicially, My wife has no status, we plan to travel, but we have to cancel it now. today I called the service center again, a tier II lady told me I had to wait for 60 days to get response, that means in the early Dec. I already asked my lawyer to write another letter to CIS.

I am starting to worry about my wife's status, she can not take job offer, can not travel.

I will keep updating. By the way.is anybody know could I file another motion to open?
 
I 485 and EAD Appeal

Hello

We filed MTR to reopen the I 485 and EAD (denied because INS Scrwed up my application) for my wife an it was finally reopend today. It is bit relief.

My wife stopped working because of EAD got denied. Her EAD got reopened today but not approved, do we have to wait till 90 days to get temp EAD from local INS.

She wants to work, but employer are not willing to wait for that long (90 days) and they want EAD.

Thank you
 
Case information I I765

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status:

On November 18, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 75 and 90 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

What this mean. My wife cannot work until she gets EAD? Any suggestion
 
unitednations said:
Call the 1800 number ask to speak to lvel 2 IIO. Explain the situation. By their own procedures (yates memo dated Feb. 2003) they are supposed to reopen all other applications that are dependent on the denied application.

I've searched all over and cannot fine the yates memo. However, it was discussed in the California service center aila liason meetings.

Here is an excerpt.

http://www.immigration.com/newsletter1/csc310504.html

As per the Yates Memo dated February 28, 2003 how should members proceed to request that CIS reopen on its own motion the related I-485s, 1-131s is, and I-765s.

According to the center if the appeal has been sustained, the petition will be reopened on a service motion upon return of the file to CSC. No action is necessary by the petitioner/beneficiary or the representative. The center requests a reasonable amount of time to receive the case back from the MO before making an inquiry.
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UN this regulation applies only in the case where the case was transferred to AAO. If the case was never transferred to AAO and the appeal was treated as a MTR, then USCIS does not seem to have a policy.

However, all lawyers think that all cases should get reopened, but USCIS behavior is inconsistent. Either file a MTR or pray to GOD that all the applications will open by themselves. Also I have noticed that if all applications are not opened on the same day, there is little chance that the other applications will get opened at some later date. So better file a MTR instead of waste time with these idiots.
 
hi dazzling,

i did n't get u...what is inside? please explain?

thanks

dazzling said:
UN this regulation applies only in the case where the case was transferred to AAO. If the case was never transferred to AAO and the appeal was treated as a MTR, then USCIS does not seem to have a policy.

However, all lawyers think that all cases should get reopened, but USCIS behavior is inconsistent. Either file a MTR or pray to GOD that all the applications will open by themselves. Also I have noticed that if all applications are not opened on the same day, there is little chance that the other applications will get opened at some later date. So better file a MTR instead of waste time with these idiots.
Click to expand...
 
I am new to this forum. My I140 got denied recently 3/31/2005 for education reasons.
- I have 2 degrees B.Sc Math (3 year) and B.Tech Electronics ( 3 years).
- Labor ETA750 says BS Science or Engineering or Technology or
Electronics. ( Equivalent is not mentioned)
- The orginal evaluation evaluated B.Sc + B.Tech = B.S electronics and Mathematics.
- INS denied for 2 reasons
(I) I don't have B.S
(II) I don't have B.S equivalent since we cannot combine 2 smaller
degrees to evaluate to a bigger degree.
- Filed MTR(Appeal) 4/25/2005 with another avaluation done from different evaluator (Turstforte)
- The new evaluation says B.Tech Electronics = B.S Electronics

The questions that I have
1) What arethe chances that the case will be approved?
2) How long do you think it will take for them to take a decision on this case?

Any suggestions and help is greatly appreciated.


Thanks.
gcstruggler
I140 RD-11/24/2003 (NSC)
Denail date- 03/31/2005
 
Can I-140 be filled without Labor Certification?

Guru's could you pl reply:

Concern: My Labor is not approved. However my lawyer/employer is telling that they will file I-140 without labor ceritification.

I am 101% sure that I-140 cannot be filled without Labor certification.

Please Please advice, if it is legitimate to file I-140 in below situation.

Lawyer is accepting the rule that I-140 cannot be filled without Labor Certification.
However, reasoning given by lawyer is that I will be ahead in I-140 queue.

According to lawyer only 3 situation can occurr.

1. I-140 may get denied upfront for missing labor ceritification.

2. I-140 will be accepted initial LIN etc number will be given, but at time of adjudication, because of missing labor ceritification, RFE will be sent and hoping that by that time labor will be approved and copy of labor certification will be sent.

3. If labor is not approved by end of 12 weeks time period of responding to RFE then I-140 will be denied. According to lawyer, I-140 denial is not as serious as I-140 rejection. Or may be lawyer is making this story up.

Why employer wants this to be done ?
Here is reason that I can think of:

A. My labor is approved and they want to hide this information with me.
B. Mine is EB-2 category and I asked to file in consular processing.
But they want to file 1 step at a time (I-140 then 2nd step I-485) that way I am bonded labor for longer period of time.

Question: WILL USCIS accept I-140 without Labor Certification ?
 
RatherGetShot said:
Sorry to hear aobut your denial. How many years do you have left on H1?
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I have 1 more year on my H1. I am going to file another labor and keep extending my H1. Is it necessary that I have to file a Labor before the end of 5th year of my H1?
My lawyer said I can file a fresh I140 based no my previous labor and then extend my H1 for 1 1/2 years based on that. If that is the case I think it doesn't really matter how many years is left on my H1.
Let me know if you think I am not right.

Thanks.
 
gcstruggler,

The rule used to be that if your Labor application has been pending for 365 days and is not approved then you can apply for H1 extension. The Labor that you have approved right now may not help you with your I-140 application because equivalency has not been mentioned. As such I think you will be trouble if your I-140 is denied/rejected if your H1 is not valid.

In that case I think applying for a new labor (this time with equivalency mentioned) might be the safest bet. That way if it gets approved before 365 days (you can apply for I-140) or not you can apply for H1 as many times as necessary. This of course assumes you have more than 365 days left on your H1. I think that approach of sending the re-evaluation is the best bet. Hopefully this time they will accept it.

In the meantime find out from your lawyer if you can re-apply with an amended Labor Application (if the processing will be faster or cheaper that way.)

My original Labor Application was submitted with a combination of BA Economics, work experience and some certificates to show equivalency to BE. Thankfully 'or equivalent was mentioned in ETA 750. Then I read the NSC was rejecting such equivalency's. This scared the hell out of me and I nagged the lawyer and she told me to re-do my equivalency - this time using the transcripts of my Masters course (which I had only partially completed - 22 out of 24 papers - rushed here when the opportunity presented itself and did not complete it.) We used the second education evaluation - using only education this time - when applying for I-140. Thankfully it was approved. Your second evaluation might just do the trick. Good Luck!
 
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