advice on MTR please

S

StDyn

Registered Users (C)
NIW Denied and MTR...Please show your opinion

My application was denied at Nov. 22, 2005 and I applied MTR (Motion to Reopen before commissioners) at Dec. 19, 2005.

The LUD history is
RD 12/27/2005,
just LUD, 01/03/2006, 01/14/2006, 01/19/2006 and 01/20/2006.

What the sign of LUDs?

Is there anybody who got approval after MTR?
 
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Updates

After above history I got two more LUDs at 01/21/2006 and 01/27/2006.

At the time of my last LUD, there were another LUD on my I-140, which was denied at 11/18/2005, with the changed message such as,


On January 28, 2006, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 270 and 300 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

And there was one more LUD at 01/31/2006 (today).

My lawyer told that it meant MTR is approved and CIS decided to Reopen my case in their center. And he added that it's really good sign with high possibility of approval. (Definately, I hope so.)

I desperately want to hear your opinions on this, whether you have similarly experienced or not. The nature of this site is, I bet, encourage each other by exchanging his/her opinions and information.


StDyn said:
My application was denied at Nov. 22, 2005 and I applied MTR (Motion to Reopen before commissioners) at Dec. 19, 2005.

The LUD history is
RD 12/27/2005,
just LUD, 01/03/2006, 01/14/2006, 01/19/2006 and 01/20/2006.

What the sign of LUDs?

Is there anybody who got approval after MTR?
Click to expand...
 
Thank you and...

nobigdeal,

I remember your kind suggestion when I post regarding denial letter. And again, you are enough kind to answer my question.

Is your positive opinion came just from your gut? Or do you have any supporting experience either direct or indirect?


nobigdeal said:
I think they will approve your case, otherwise they would not reopen it.
Click to expand...
 
I have been reading this board for years. There are numerous examples that support my guesstimation and there is not a single case that I know that they reopened a case just to deny it again. Certainly I hope you will not be my first negative example.
 
Updates

It's update summary


MTR: RD 12/27/05
LUD: 01/03/06, 01/14/06, 01/19/06, 01/20/06, 01/21/06, 01/28/06(Reopen Approval)

I-140: denied 11/21/05
01/28/06,(Reopened)
LUDs: 01/30/06, 01/31/06, 02/01/06....

They are surely touching my files, however, when I check other thread, most of the approval comes within couples of days when it was opened.
It's the third day after they announced reopening, I'm getting nervous....

Can I still expect the approval of this MTR?
 
Information and Question

My lawyer says that I-140 is approved almost at the same time of MTR approval in most of the cases. My MTR was approved at Jan. 28 and the message on my I-140 still shows that it was reopened at Jan. 28.

LUD of my I-140 is stopped at Feb. 1.

Five days from MTR approval has been passed and that make me really nervous. Lawyer's opinion on this is there should be another RFE.

RFE again? I can't even imagine those complicated procedure again.
Please share your information if you have any idea on this situation.



StDyn said:
My application was denied at Nov. 22, 2005 and I applied MTR (Motion to Reopen before commissioners) at Dec. 19, 2005.

The LUD history is
RD 12/27/2005,
just LUD, 01/03/2006, 01/14/2006, 01/19/2006 and 01/20/2006.

What the sign of LUDs?

Is there anybody who got approval after MTR?
Click to expand...
 
what your lawyer said might be true...RFE can be any small query!!

The officer at MTR board are different from the earlier one who have seen your original application..........these officer also can question you anything from petition ....which will be different from original RFE/reason for denial................best strategy will be to wait and watch.....don't worry everything will be positive!!!!
 
Reopen is denied again.
The reason of denial is the same as the previous denial.
They claims that they were not convinced why my research was 'National level' interest.

I'm working for US Department of Defense Contractor and have special permission issued by DoD to access and research critical technologies of US military. And they denied my application because of locality of my research.

Many research reports was submitted to the US Federal government under my name. I really am not convinced why they reject my application two times.

CSC I-140/I-485, NIW
RD 1/18/05
RFE issued 5/27/05
RFE RD 8/15/05
Denial 11/28/05
MTR 12/27/05
MTR Approval 1/27/05
I-140 denied after MTR 2/18/05

- Ph.D., from foreign country
- 31 papers (only 3 of them are journal)
- Senior engineer of US DoD contractor
- Recos,
6 from US Federal government,
3 from US professors,
1 from US congressman,
5 from forign country (governments, CEO of worldwide companies)
- 3 Patents
- Special permissions to access and conduct research on military technology
issued by US Department of Defense

Does their denial make sense? I don't think so....how's your opinion?
'nobigdeal', you can add one more precedent in your knowlege data base.


StDyn said:
My application was denied at Nov. 22, 2005 and I applied MTR (Motion to Reopen before commissioners) at Dec. 19, 2005.

The LUD history is
RD 12/27/2005,
just LUD, 01/03/2006, 01/14/2006, 01/19/2006 and 01/20/2006.

What the sign of LUDs?

Is there anybody who got approval after MTR?
Click to expand...
 
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EB-1 (EA) LUD today

Hello,

My EB-1 EA denied last year and I filed an appeal in May 2005. Later in 2005 I received a notice saying that my case has been sent to Washignton DC office for review. After wait of nearly 8-9 months, I have a LUD on my denied I-140 and Appeal which reads as follows:-

On May 24, 2005, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case

Any idea about this?

Your inputs are highly appreciated.
 
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