485 Denied. Motion to Reopen the case

L

longGC

Registered Users (C)
I would like to know if somone has done Motion to Reopen - MTR after I-485 was denied. Normally, BCIS sends RFE but I was sent denial immediately after they heard about layoff. They should have chacked with me (using RFE) whether I am working and what capacity.


The questions are,

1. How long does it take to do MTR?
2. How much does it cost?
3. How long BCIS takes to reply?
4. But has anyone denied MTR?

Because my I-485 was pending for more than two years I am fine to work on EAD with any employer (in similar job position) using AC21 right? My new employment after the layoff is in the same geogrophic area and same job.

5. What are the chances of MTR being approved?

I was very very close to getting GC.

Please, please help. I am really tense and have lost sleep.
 
Re: Denied I-485

I think you may consult your attorney and I am sure a good lawyer will be able to do something in your case.
Wish you good luck!
skylark
 
LongGC,

I really want to help you to get some information you want. Based on your previous poster, the letter from BCIS states
"The I40 petition upon which your application is based has been revoked. Therefore, your application is no longer valid. Accordingly, your application for adjustment of status is denied. This decision is without prejudice to consideration of subsequent applications filed with INS."

I have some questions for you. Did the letter tell you what you should do next? and did the letter tell you when you should depart the country? I am trying to make search in websites to help you get some idea for MTR. If you can post the second part of the letter, it will help us to determine when you will be out of status or whether you have been out of status.
 
Dong Li

Thanks Dong Li. It gives me so much relief that someone is helping me on research. I have read lots of posts on this forum but I do not see bright light at the end of tunnel. Please help me Dong. God bless you.

No, the letter does not say anything other than what I stated. It does not say what action I need to take next. It does not talk about the appeal process or the time limit. I learnt from talking to various lawyers that it is 30 days. It does not say anything about my status or out of status.

Please please help.
 
Last edited by a moderator:
Hi LongGC

Please check the following website for MTR:
http://www.visapro.com/Immigration-Attorneys.asp
¡°Get a detailed, written opinion online in less than 24 hours from a licensed immigration attorney. $25.00 per email consultation¡±

Based on Form I290B from BCIS website "Notice of Appeal to the Administrative Appeals Unit (AAU)", (I could not find I290M from BCIS website for MTR. why?),you must file your appeal within 30 calendar days after service of the decision. (33 days if your decision was mailed). The date of service is normally the date of the decision.
 
Thanks Dong Li

You are of tremendous help. Let me check the site and post reply.

Thanks again.
 
Who must file MTR - you or employer?

longGC:

I am feeling very empathetic at your plight and am praying for your comeback. God willing, you will stage an amazing comeback with a successful MTR. Don't give up hopes. When there is even an iota of possibility, optimism is a more pragmatic strategy to adopt than pessimism. We all are praying for you. Hold it tight.

As far as filing for MTR, the BCIS website is pretty emphatic about the original beneficiary filing the motion. Now, I know that I-140's beneficiary is the employer who files in and on behalf of the employee (i.e. you). However, I-485's beneficiary is the employee. Now, one of the first questions you must have for an attorney is to ascertain who must file for MTR in your case: is it going to be you or your employer?

Since it is the I-485 that has been denied, you can claim yourself to be the beneficiary to file for MTR. However, if BCIS asserts that the underlying I-140 was revoked at the behest of your employer and as such only your employer can file for MTR, then you must be well prepared for that situation. As I said, just get this clarified with your attorney.

My gut feeling is that, you can file on your own, because it is the I-485 which is denied, the beneficiary of which is not your employer, rather it is you.

Good luck and God bless.
 
appealing denial

last year a friend had his 1-140 for eb2 category rejected for a stupid reason and he actually qualified under that , he had simultaneously applied for a eb1 category and he barely qualified for it which was surprisingly approved.
the bottom line he was upset at the reason given and as directed he appealed the denial as it was not actually hurting him in anyway with $100, he got a reply that it is taking from 6months to1 y for this kind of case and is is still waiting.
his 1-485 is proceeding with the other approval and he can work.
I donot know how it applies to your case but appealing a denial may take that long
cat2
 
poongunranar & cat2

poongunranar

Your reply was very good. A such I am not sure what to do. My former company can say that they do not have nothing to do with me as I am not their employee.

I will consult the attorney tomorrow.

As far as I know, my I-140 got revoked becasue I no longer work for that company. I was the benficiary of I-140 but my employer can reboke it any time. They said that they did not revoke it but it got automatically revoked when they informed BCIS about layoff.

I think my case will be stronger if an attorney represents me. There are various i290 forms and I am not sure which one to follow,

i290b - Notice of appeal to the Administrative Appeals Unit (AAU)
290A APPEAL OR MOTION TO REOPEN OR RECONSIDER
I290AA NOTICE OF APPEAL TO THE BOARD OF IMMIGRATION APPEALS
I290AP NOTICE OF APPEAL TO THE BOARD OF IMMIGRATION APPEALS
I290B NOTICE OF APPEAL TO THE COMMISSIONER
I290BA NOTICE OF APPEAL TO THE COMMISSIONER BY APPLICANT
I290BP NOTICE OF APPEAL TO THE COMMISSIONER BY PETITIONER
I290C CERTIFIED APPEAL OR MOTION TO REOPEN OR RECONSIDER
I290M MOTION TO REOPEN OR RECONSIDER


cat2 - it is my worry too that MTR takes painfully long time. I am not sure if I will be alive by then.
 
longGC

it is my worry too that MTR takes painfully long time. I am not sure if I will be alive by then.
Click to expand...
With an imminent threat of being asked to leave the country, applying for a MTR is much better. Think :) . The only thing anybody (be it those who got I-485 approved, or those who are optimistic about getting I-485 approved, or those who have seriously got frightened after seeing your case) can be sure of is this: death. Apart from that, nothing is as definite in future.

The point is, observe a silver-lining in the shroud of gloomy clouds which has surrounded you. The only silver-lining you have is your right to file a MTR. Leave the rest to fate(if you are an atheist) or to God (if you are a theist) and things will take its own course. The uncertainty will affect your long-term ambitions of getting a house, etc. But, you will not be working without a pay-check. Right? So, derive courage and fight it out. You will discover the amazing strength in human fortitude and forebearance that is hidden in you during this entire process. And that will provide you the succor and confidence to challenge the world. Don't give up hopes. I repeat, don't give up hopes, at least don't sound like one. Exude confidence and you will work out miracles. Good luck.
 
Thanks poongunranar

Thanks for all the words of encourgement. I am filing MTR tomorrow.

I am worried about few cases which Murthy mentioned that got denied after MTR. Also read at other posts that it took 5 months for BCIS to respond to MTR. Then the case gets transferred to local BCIS and goes in limbo (hope not).

At this juncture I am confronted with one problem,

Which form to file out of various i290 forms mentioned in this thread?
 
status while on MTR

longGc,

what happens to your status when you filed for MTR and waiting for the BCIS response? Are you considered to be in status and work for the same company. I mean is your EAD/AP still valid after you file MTR. Please reply it may help others in similar situation in the future. I sympathize with your situation and will pray to GOD to help in you in this ordeal.

Thanks,
Cass.
 
Please call my lawyer

GC Long
Please call my Lawyer about advice your case.

Give me a call and I will give you reference and others for this purpose.

My phone number 870 814 3640.
 
GC is for future jobs

LongGC,

I thought the GC process is for future jobs and in your case you already had completed your 180 days with the sponser then how come BCIS revoked your I-140.

As far as I know you can leave your sponser and work for any employer after 180 days on a valid EAD.

Did you not have EAD?

I pray for you brother and I hope everything turn out good for you Amen.

2001Case
 
Cass & 2001Case

Cass - the questions raised by you are the same that I have. I do not know the answer.

2001Case - I passed two years after filing I-485. Some lawyers say it is an error that BCIS has made. But who knows.
 
Get a lawyer, It is pretty much straight forward case, it will help people to respond to your queries if you give more details like service center, significant dates etc.
It is a test for you, And I am pretty confident that you will pass with flying colors.
While MTR is pending, your status is covered. I am not sure whether the EAD will be considered valid or not.
 
Jaxen

The details of my case with dates in chronological order are,

TSC
RD May 01
ND Jul 01
FP Apr 03
Denial Jun 03

Thanks.
 
I am sorry about your plight. :mad: Please hang on and fight this.

When did you change jobs ? You did not mention this in your post.
Also if you get some information about EAD while the MTR is pending please let us know.
 
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