MTR details
Waytoolong, Thakursahib:
My case is a classic illustration of AC21.
I am out of status due to the 485 denial. I came to know of it when I applied for an EAD extension. EAD extension just took too long. Case status said pending and the Vermont Service Center people said that it was currently being processed. After 90 days (2 days before my old EAD expired) I went to the BCIS office to get an interim EAD.
They then gave me the shocking news without bothering to give any kind of explanation. They would not even tell me why the denial was issued. I was told to wait for the mail which never came for more than a month. (June 10) I tried expediting my case with the Senator here. Finally, I got to know that my 485 was denied .No intent to deny was issued. We still did not know when it was requested by my erstwhile employer.
I filed for FOIA (Freedom of Information Act) . As some of you guys may be knowing the FOIA form is keyed on certain fields one of them being the A#.
I was given a full explanation of all the events in my casefile. Here is a quick timeline on it.
Labor filed: Oct 98
Labor approved: Oct 2001.
140 filed: Nov 2001
140 approved: Jan 2002
485 filed : April 2002.
Fingerprinting: July 2002.
EAD issued : May 2002.
Switched Jobs and informed BCIS: Jan 2003.
Employer requested revocation of I140 : Feb 2003 (knew of this from the FOIA report received )
EAD expired : May 2003
AP expired : May 2003.
485 denial date: June 2003.
Filed for MTR: July 3 2003.
wating for the results of the MTR now.
Attorney Murthy helped us with the MTR. In the process of filing for it, she contacted Efren Hernandez who is the director of the Business and Trade Section of BCIS. I think the memo is an outcome of all these discussions.
As for the MTR itself, this is a separate form that your lawyer files with BCIS. You have to pay them a fee of $110. You get an EAC number and can check the status online like any other case.
You are still considered out of status when you file an MTR. You cannot travel since your MTR would be considered abandoned if you do so. Your out of status time would be excused if the MTR is approved and you are back in status. Else you may run the risk of being barred from the country for 10 years if you are out of status for over 6 months.
Employment is out of the question during this time unless you have a backup for maintaining your employment (such as a H1B)
I could not get a H1B extension since my H1B expired as of Nov 2002 and I did not bother to keep it alive since I figured that I could use the EAD for my employment ( a big mistake in retrospect)
Anyways, I hope this answers your questions. Thanks for keeping a fabulous forum alive. I keep peeking at it once in a while and reading stories of hope from my fellow immigrants.
Waytoolong, Thakursahib:
My case is a classic illustration of AC21.
I am out of status due to the 485 denial. I came to know of it when I applied for an EAD extension. EAD extension just took too long. Case status said pending and the Vermont Service Center people said that it was currently being processed. After 90 days (2 days before my old EAD expired) I went to the BCIS office to get an interim EAD.
They then gave me the shocking news without bothering to give any kind of explanation. They would not even tell me why the denial was issued. I was told to wait for the mail which never came for more than a month. (June 10) I tried expediting my case with the Senator here. Finally, I got to know that my 485 was denied .No intent to deny was issued. We still did not know when it was requested by my erstwhile employer.
I filed for FOIA (Freedom of Information Act) . As some of you guys may be knowing the FOIA form is keyed on certain fields one of them being the A#.
I was given a full explanation of all the events in my casefile. Here is a quick timeline on it.
Labor filed: Oct 98
Labor approved: Oct 2001.
140 filed: Nov 2001
140 approved: Jan 2002
485 filed : April 2002.
Fingerprinting: July 2002.
EAD issued : May 2002.
Switched Jobs and informed BCIS: Jan 2003.
Employer requested revocation of I140 : Feb 2003 (knew of this from the FOIA report received )
EAD expired : May 2003
AP expired : May 2003.
485 denial date: June 2003.
Filed for MTR: July 3 2003.
wating for the results of the MTR now.
Attorney Murthy helped us with the MTR. In the process of filing for it, she contacted Efren Hernandez who is the director of the Business and Trade Section of BCIS. I think the memo is an outcome of all these discussions.
As for the MTR itself, this is a separate form that your lawyer files with BCIS. You have to pay them a fee of $110. You get an EAC number and can check the status online like any other case.
You are still considered out of status when you file an MTR. You cannot travel since your MTR would be considered abandoned if you do so. Your out of status time would be excused if the MTR is approved and you are back in status. Else you may run the risk of being barred from the country for 10 years if you are out of status for over 6 months.
Employment is out of the question during this time unless you have a backup for maintaining your employment (such as a H1B)
I could not get a H1B extension since my H1B expired as of Nov 2002 and I did not bother to keep it alive since I figured that I could use the EAD for my employment ( a big mistake in retrospect)
Anyways, I hope this answers your questions. Thanks for keeping a fabulous forum alive. I keep peeking at it once in a while and reading stories of hope from my fellow immigrants.