485 Denied -- MTR -- EAD Renewal

i290b

Dear Friend,
please let me know that how you request for the expedited service. mine mtr for i140 is pending since may 2008.please share your experience with me
Regards
nick
QUOTE=fmmac;1957026]After my EAD renewal application was denied. I called up USCIS service center and informed that my EAD renewal application was denied because MTR was not yet accepted. I requested an expedited service to process my MTR on the grounds that my I-485 denial was USCIS error and financial hardship. Within 5 working days I got a letter from USCIS that my MTR was accepted.

There after I re-applied for EAD renewal along with the MTR accepted letter. The covering letter as well as the envelope I mentioned "Expedited Service Requested due to USCIS error". I got my EAD renewal approved within 7 days after the application reached USCIS. Now I have the EAD card.

Though my MTR was accepted on August 06, 2008, but still I-485 online status shows as Denied.[/QUOTE]
 
Hi Nick0076,

Sorry for the delay in response

When I had called up the service center she listed a number of reasons based on which she could request expedited service. I found a) USCIS error b) Servere Financial hardship applicable to me.

Denial of my I-485 was clearly an USCIS error. My I-485 got denied becuase my previous company's I-140 got denied whereas I had applied for I-485 with a already approved I-140 of the current company.

Since the I-485 was denied I could not renew my EAD hence this could cause me severe Financial hardship.

It worked. Now I have a letter from USCIS that my MTR has been granted. Base on which I got my EAD renewed. Now have also applied for Advance Parole renewal and have so far received the receipt notice.

I hope this answers your question.
 
MTR process question

hi,
Can anyone please let me know how USCIS processes MTRs? Mine was filed on Jan 27,2009 and the attorneys say that it might take 30-60 days for TSC to issue a receipt notice or respond. Does this mean it could take more than a month for TSC to acknowledge even the receipt of MTR? Mine was sent by Fedex and the delivery confirmation shows that it was signed and received. I took an Infopass appointment 2 weeks after the MTR was sent and they said their system does not show that the MTR has been filed. I am not sure when they would update their system. Is it after they receive the packet or when they actually try to make a decision on it?
It's been a frustrating and agonizing process until now. Thanks for any advise or help you can provide.
 
Hi Ik79,

One option is to verify if the check sent with the MTR application has been cashed. Behind the cashed ceck will be the receipt number.

Was your I-485 denied due to USCIS error?

fm
 
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?
 
MTR question

Hi

My I485 also got denied. I applied for MTR and they received it on feb3, 2009. It's been 4 months now and the online status shows only "case received and pending". Do you know if this means that they reopened my I485 or it just means that they received I-290B and when they approve this form then they will reopen I485?

I would really appreciate your answer. Thank you
 
When I-485 is reopened its online status will indicate that the case has been reopened.
 
henryetta82 said:
Hi

My I485 also got denied. I applied for MTR and they received it on feb3, 2009. It's been 4 months now and the online status shows only "case received and pending". Do you know if this means that they reopened my I485 or it just means that they received I-290B and when they approve this form then they will reopen I485?

I would really appreciate your answer. Thank you
Click to expand...

In addition to Fmmac's response, Online status for what shows "case received and pending"?
485 or 290
 
I-290b

Hello. Thanks for replying. It shows "received and pending" for I-290B. I guess that means it's been received only, but not accepted?
Thanks
 
I-290b

Thanks for clarifying this. I actually just requested expedited processing on the I290b....We'll see how that one goes
 
fmmac said:
After my EAD renewal application was denied. I called up USCIS service center and informed that my EAD renewal application was denied because MTR was not yet accepted. I requested an expedited service to process my MTR on the grounds that my I-485 denial was USCIS error and financial hardship. Within 5 working days I got a letter from USCIS that my MTR was accepted.

There after I re-applied for EAD renewal along with the MTR accepted letter. The covering letter as well as the envelope I mentioned "Expedited Service Requested due to USCIS error". I got my EAD renewal approved within 7 days after the application reached USCIS. Now I have the EAD card.

Though my MTR was accepted on August 06, 2008, but still I-485 online status shows as Denied.
Click to expand...



I am in the similar situation( Same situation).If you see this message could you please post the cover letter if you have............Thx
 
Pls help!!

Hi, I was reading this post and I would like to share my recent experience. I got married in march 2011 and received my EAD and AP in may 2011. My wife and I traveled abroad and I received an e-mail in sept that my case had been updated. We made the arrangements so somebody could go and have the letter read to us. The letter was our interview. We called USCIS and let them know that my wife had surgery and that she wasn't able to travel in order to be there for the interview. They told us that both of us had to be present, so the representative told us that we needed to re-schedule the interview. He said to send a letter explaining the reason why we couldn't attend and that we want our interview to be re-schedule. (I have proffs of all this calls since I received letters from USCIS stating that we called to let them know we couldn't attend). I got back to the US by the 20th of sept using my AP and days later I received a letter saying that my I-485 was denied because I didn't attend the interview. We Inmediatly called USCIS and they told us the only option was to file a MTR so we did in oct 2011. My EAD expired back in may 2012, I filed a renewal of my EAD in August 29 2012 and received a letter yesterday oct 9 2012 saying that they are unable to complete the processing of my I-765 EAD. The letter states "On Octuber 2011, you filed a motion to reopen in order to reconsider the denial of the Form I-485 issued on sept 2011. THE FILING OF A FORM I-290B DOES NOT CONSTITUTE THE REOPENING OF AN UNDERLYING FORM I-485. THE FORM I-290B MUST BE APPROVED AND THE UNDERLYING FORM I-485 SUBSEQUENTLY REOPENED FOR THE ENTRY OF A NEW DECISION BEFORE THE FORM I-485 IS CONSIDERED TO BE IN PENDING STATUS." They give me 87 days to submit any information or evidence that can show that I have an I-485 pending. Which I don't. What is pending is my MTR. In other words, they are saying that I can't renew my EAD while my MTR is pending.

Do you guys have any recent experience? Any advice? I am really disappointed, I have gone 3 times to InfoPass and they told me that I was able to renew my EAD. They also told me that my MTR could take 6 more months for a decision.

Please help!!!!! Thank you
 
Inneedofhelppls said:
They give me 87 days to submit any information or evidence that can show that I have an I-485 pending. Which I don't. What is pending is my MTR. In other words, they are saying that I can't renew my EAD while my MTR is pending.
Click to expand...

That is correct, you can't renew the EAD until the MTR is approved. MTR approval would put the I-485 back into pending status, then you can apply to renew the EAD.

They gave you 87 days to provide proof of the pending I-485. Although they told you 6 months, MTRs are normally approved (or denied) within 60 days, so within 87 days you probably will have proof that the MTR was approved (assuming they do approve it, which they absolutely should in this case).

Why didn't you apply to renew the EAD months before it expired? If you got the EAD approved before your I-485 denial, you would have been able to keep working while the MTR is being reviewed. I-485 denial does not automatically cancel the EAD; they would have to explicitly cancel the EAD in writing. And even if they did cancel it, MTR approval would retroactively reinstate the EAD, so it would have been OK if you worked in the interim.
 
Jackolantern said:
That is correct, you can't renew the EAD until the MTR is approved. MTR approval would put the I-485 back into pending status, then you can apply to renew the EAD.

They gave you 87 days to provide proof of the pending I-485. Although they told you 6 months, MTRs are normally approved (or denied) within 60 days, so within 87 days you probably will have proof that the MTR was approved (assuming they do approve it, which they absolutely should in this case).

Why didn't you apply to renew the EAD months before it expired? If you got the EAD approved before your I-485 denial, you would have been able to keep working while the MTR is being reviewed. I-485 denial does not automatically cancel the EAD; they would have to explicitly cancel the EAD in writing. And even if they did cancel it, MTR approval would retroactively reinstate the EAD, so it would have been OK if you worked in the interim.
Click to expand...

First, thank you for answering Jackolantern, I applied for MTR in Oct 2011 after my I-485 was denied in Sept 27 2011, they told me that it would take 6 months since Oct 2011, in March 2012, having the 6 months met I called and they told me that now they are taking 1 year to process, which would be by Oct 2012, since I hadn't received any response in a year, I went to InfoPass and they told me that honestly it could take 6 more months.
The reason why I didn't applied for the EAD renewal prior to August 2012 was because USCIS told me that it would take 6 months, then a year and I thought that by the time I would need to Renew my EAD I would probably have the interview re-schedule and have my green card with me. I couldn't had applied for EAD renewal after Sept 27 2011 because since then my I-485 was denied. I kept using my EAD to work when my I-485 was denied until it expired in May 2012 even tho my I-485 was denied.
 
Sorry, for some reason I thought it was October this year when you filed the MTR, not October 2011.

A year is a ridiculously long time for an MTR. I've never heard of one pending for that long before. Get a lawyer ASAP and have them help you to put pressure on USCIS. Bring the lawyer to the next Infopass if possible. And prepare to file a Writ of Mandamus if they don't take action on the MTR quickly.

Or you could consider filing a new I-485 (new I-130 would not be needed, assuming they didn't also deny/cancel the I-130), which might be cheaper and faster than fighting for the MTR.
 
Last edited by a moderator:
henryetta82 said:
MTR question

Hi

My I485 also got denied. I applied for MTR and they received it on feb3, 2009. It's been 4 months now and the online status shows only "case received and pending". Do you know if this means that they reopened my I485 or it just means that they received I-290B and when they approve this form then they will reopen I485?

I would really appreciate your answer. Thank you
Click to expand...

henryetta82 said:
I-290b

Thanks for clarifying this. I actually just requested expedited processing on the I290b....We'll see how that one goes
Click to expand...
Hi Henryetta,

I am in the same situation now. My MTR is pending for more than 3 months now. What happened to your expedite processing? Did you expedite using USCIS error? Please let me know.
Thanks!
 
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