EB1-NIW reopened: now what

Sangita Ghosh

Registered Users (C)
Hi:
My NIW was denied and my lawyer filed for a MOTIC, motion to reopen before commissioner on June 4th. I got a receipt # for this submission that said 60-90 days. Today I saw on case status online that this has remained the same, but my original receipt # for the denial (which never said it was denied, but I was informed by mail) says that case has reopened july 14th and that it takes 60-160 days. Does this mean that the commissioner agreed to open the case? which time frame is now valid the 60-90 days or 60-160 days?
 
Can you please give more details on your case....

Sangita Ghosh:

You are lucky because your case got reopend.

Can you please give more details on your case?

On which stage i.e I-140 or I-485 your case got denied?.

Which Service center you filed MOTIC?

what is the reason for denial??


I applied in EB2. My I-140 & I-485 got denied. My lawyer filed MTR 10 days back from VSC...

You can see my details and some other who applied MTR....For some whose cases got transfered after the case got opened..on below thread


http://boards.immigrationportal.com/showthread.php?threadid=62868&perpage=15&pagenumber=9

I really appreciate if you can more details on your case...

Thanks
 
Probably there wasn't an approved 140

Brian
I guess your choice of CP against AOS would work if 140 has been approved and problems happened with AOS. the above case shows that 140 was also denied. hence there wont be any basis for 485. The NIW 140 was denied without rfe and hence lawyer had asked to have a MTR. Her OR has RFE (if I am not mistaken).
atleast with AOS people have options like mtr/motic which one wont have with CP.
I would anyways recommend tailoring the filing acc to one's situation because of current economy, timelines etc.
 
Last edited by a moderator:
I had two independant petitions.: NIW and OR
For NIW I got an RFE, responded and got a denial. Submitted a MTR and this is what I am talking about in the thread. Their reasons for denial said, the letters came from people known to me (which was not true) .I did not file for 485. Got a letter from INS that case has been reopened and that details are with lawyer.

The other one, OR also got RFE but it was clear that they had made some mistake as they said, evidence is not enough for some one in material science and engineering, when I am a pharmaceutical scientist. I have submitted my response and am awaiting a response.
 
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