Atleast some good news for AC21 guys

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.
 
raja0719 - your case is a classic example of how much grief INS' incompetence can cause to a family. You should write up your story for the petition dengdeng is putting together. Just hang in there, since the memo is out - you will receive the good news any day now - you will be a much bigger person at the end of the journey and your success will be much sweeter than the rest.
 
Raja,

which Service center you filed MTR? I filed my MTR from VSC..

RD: July 08
ND: July 14
Case Tupe: I-290 A (Appeal or Motion Reopen or Reconsider)
processing time: 30 to 180 days
Service Center: VSC

Can you please give me above details in your case?


In my case my employer did not revoke -140 ..
we filed I-140 Amendment for company name change. I guess Lawyer did not properly communicated regarding I-140 Amendment for company name change to BCIS.
INS denied my original approved I-140 considering that employer trying to substitute new alien.

Filed MTR ..

For more deatils on my case you can read all my posts in this forum..

Please reply
 
Well, we learnt something new today. hat's why people flock to this forum. Learning the intricacies of immigration laws.
 
Originally posted by Anamica
Raja,

which Service center you filed MTR? I filed my MTR from VSC..

RD: July 08
ND: July 14
Case Tupe: I-290 A (Appeal or Motion Reopen or Reconsider)
processing time: 30 to 180 days
Service Center: VSC

Can you please give me above details in your case?


In my case my employer did not revoke -140 ..
we filed I-140 Amendment for company name change. I guess Lawyer did not properly communicated regarding I-140 Amendment for company name change to BCIS.
INS denied my original approved I-140 considering that employer trying to substitute new alien.

Filed MTR ..

For more deatils on my case you can read all my posts in this forum..

Please reply

Anamica,

My case number is with VSC too.
Receipt date : July 18th
Same message about the 30-180 days processing time.
and yes it is 290A motion to reconsider/reopen
 
Raja,

Please do update me if any update on your case ..I will do the same.

Is Lawyer Murthy taking any action like contacting AILA etc to expedite your MTR processing?

I guess you can work for 6 months from the date of denial if you have valid EAD. Thatswhat my lawyer told me. After 180 days you have to find alternative status if no update on MTR if you are on EAD now..


Keep update if any changes on your case
 
Anamica,

Attorney Murthy's contacting the INS headquarters was the biggest help.

I am also in touch with my senator's office.

I met the BCIS liason and gave her a copy of the MTR. She was nice. She promised to expedite to the extent she can. She emailed me yesterday and told me that they are consolidating my case prior to assigning it to an adjudicating officer. This is by the way the Ohio Senator's office. You can do the same in other states.

And yes i will keep you guys updated on what is happening.

Those were nice words waytoolong.. I wish a happy ending to all of you too.
 
Raja,
Can you give me more detail about BCIS liason and how to approach them?

Please .. I do the same.. I will try to contact my senator.. I don't know how to get senator info in my area ...If you know can you give this detail too ..

Thank you very much for the information..
 
.. also check the first FAQ thread in this board and look for "contacting senator/congressman". you need to pick the right person to contact, some offices are not immigrant friendly.
 
usually the liason will have a separate office with contact info on the senator's website. Just a phone call and s/he will tell you how to proceed. Which state are you in ?
 
Anamica,

Most senators have a caseworker's office. It is best to call that office and ask to talk to the BCIS liason there. In fact I would suggest that you go and physically visit the office if possible. I located our senator from the web, found the case worker office address from the senator's page and talked to the bcis liason there.
She gave me her visiting card. I was able to communicate with her by email which sometimes is the best way since she is under no pressure to talk to you right away.
 
Thanks a lot waytoolong and Raja for your help..

Really appreciate your help..

I will try to contact them soon..
 
try using the numbersusa website

It was posted by dengdeng. this site shows how immigrant friendly they are and you can decide to whom you would like to contact
 
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