I-140 denied (ATP), urgent help please

Congrats Sunny. I am glad that your I-140 got approved.

I have been through this I-140 hell once (hope I do not have to go through this again with new I-140 filing).

One thing I learnt from this process is that always hire your own attorney. One who is thorough and will take care of all documentation up front.

Company lawyers have ulterior motive all the time. or an incompetent attorney will mess up your case.
 
WorriedDude,

I agree on own attorney if there is always a chance and if the company allows that.My company wouldnt have allowed that in the first place and I had to really convince them and they saw the point.
I am sure many of us here may be currently going thru the company attorney and they cant change. One lesson I really learnt here is, when I got the RFE, I should have gone to the new attorney to take his opinion on the situation, assuming my attorney will screw the things up (however big the current attorney is) and that way we will have a a different view point and can always add value and more precious documentation to the case.
Thanks,
Sunny.
 
sunnyz54321 said:
WorriedDude,

I agree on own attorney if there is always a chance and if the company allows that.My company wouldnt have allowed that in the first place and I had to really convince them and they saw the point.
I am sure many of us here may be currently going thru the company attorney and they cant change. One lesson I really learnt here is, when I got the RFE, I should have gone to the new attorney to take his opinion on the situation, assuming my attorney will screw the things up (however big the current attorney is) and that way we will have a a different view point and can always add value and more precious documentation to the case.
Thanks,
Sunny.
Click to expand...

Hi Sunny

congrats on getting 140 approval, i can feel the joy of getting this, i am in the same boat my 140 got rejected due to a2p 40% less salary for 3 consecutive years, lawyer send all documents in response to RFE and added more evidence in MTR and is v confident.

havent got a response since receipt date of oct 18 for MTR.

i would appreicate if you can help with following queries

do you know if your online status stated
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

while you case was in process
i wanted to make sure that they have not sent my petition to AAO which takes years...

2) Did you got ur ead and 131 before denial
and are you doing anything to get it reopened
__________________
Labor Filed Oct 2002
Approved June 2007
I 140 Filed July 2007
Upgraded to Premium August 2007
RFE August 2007
Denied Sept 2007
MTR filed Oct 2007
I-485 filed June 2007
EAD , 131 approved Oct 2007
 
Hi,

-- Yes, MTR status did say that. and later when it was opened it said "Case reopened or reconsidered based on USCIS determination, and the case is now pending".

-- I dont think it went to AAO, as it is approved in 20 days.

2) Did you got ur ead and 131 before denial
and are you doing anything to get it reopened.

-- Here is where I am little disturbed just now..

Both were approved before I-140 denial.
I just called USCIS and they said I need to apply for 485, EAD and AP again. I was thinking they all can get reinstated with I-140 approval.
Can you advise on this if you have any information.
I am talking to my attorney now and will update on the next step.
Thanks,
Sunny.
__________________
 
Friends,

Any advice, please. I read at many places that all the stages get reinstated once I-140 gets approved. In my denial letter, it said the decision is considered final, in case we did not appeal within 30 days. So it did mean that the decicsion was not final as we applied MTR on time and got it approved. I also read INS cannot cancel other stages when the appeal (or I guess MTR) is filed on time.
I got my EAD and AP approved much before 140 denial.

Thanks,
Sunnyz.
 
2) Did you got ur ead and 131 before denial
and are you doing anything to get it reopened.

Ho Jayega : I got my ead and 131 approval few days after teh denial, i canot do anything at this time, i will request to reopen these once i hear on my MTR request

-- Here is where I am little disturbed just now..

Both were approved before I-140 denial.
I just called USCIS and they said I need to apply for 485, EAD and AP again. I was thinking they all can get reinstated with I-140 approval.
Can you advise on this if you have any information.
I am talking to my attorney now and will update on the next step.


As per my discussion with my attorney he told me that once 140 is approval they will request to reopen 485 and ead and 131 will become valid,
i dont think you will have to apply again, which number you called i dont think uscis customer service has this information

let me know what your attorney says
__________________[/QUOTE]
 
Dear Ho Jayega,

Thanks.
I called +18003755283 and this is the same # you see on the page where you check your case status online.
How many days does your MTR status say, they need to process your case,.

I will keep you posted.
Thanks,
Sunnyz.
 
Mtr

Thanks.
I called +18003755283 and this is the same # you see on the page where you check your case status online.
How many days does your MTR status say, they need to process your case,.

Ho Jayega :

may be this link will be helpful abt reopening of ur case
http://boards.immigration.com/showthread.php?t=145862

MY MTR status does not give me any number of days
Current Status: Case received and pending.

On October 18, 2007, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
 
Ho Jayega,

My apologies.
At this stage it will not show the # of the days, but the next stage, it will say what time frame they will make a decision.
MIne was in TSC, and it took that much time, and I am sure it will vary depending upon the centre your case is in.

Thanks,
Sunnyz.
 
Guys,

My attorney says usually they will wait the time they give us to submit the appeal and if the appeal is filed on time, then they will not cancel the other petitions. And in the worst case if they do, then we can always get them reinstated,.
Thanks,
Sunny.
 
sunnyz54321 said:
Guys,

My attorney says usually they will wait the time they give us to submit the appeal and if the appeal is filed on time, then they will not cancel the other petitions. And in the worst case if they do, then we can always get them reinstated,.
Thanks,
Sunny.
Click to expand...

That is good news then , you should get ur cases reinstated

do you need to send any fee to repoen 484, 131, ead ??
 
i-140 veoked after 2.5 yrs approval

hello,
my i-140 was approved in apr,05 and in nov,07 i received letter from ins that it was approved in error and they are asking docs for ability to pay.

the same officer denied my 485 beginning this year because i used ac21 and switched employers. i had to file mtr and then it got reopened.

now in nov i got into another mess he says i-140 was approved in error as company didn't have any money.

we filed all papers and lets see... my pd is may,02 its been really a long time now and i am tired of this process

let me ask you guys, if he denies and i file MTR can i continue to work on EAD..

i filed 485 in 05, yes i think i am the most unfortunate person in this GC journey. Anyway, sunny i sent you pm, do let me know your who is your attorney. i mentioned my email add.

guys, pls let me know as i am almost decided to move back but want to finish my MBA that i am close to finish

thanks
 
So sorry to hear about this.

Could you please update us on your case progress.

dimpi said:
hello,
my i-140 was approved in apr,05 and in nov,07 i received letter from ins that it was approved in error and they are asking docs for ability to pay.

the same officer denied my 485 beginning this year because i used ac21 and switched employers. i had to file mtr and then it got reopened.

now in nov i got into another mess he says i-140 was approved in error as company didn't have any money.

we filed all papers and lets see... my pd is may,02 its been really a long time now and i am tired of this process

let me ask you guys, if he denies and i file MTR can i continue to work on EAD..

i filed 485 in 05, yes i think i am the most unfortunate person in this GC journey. Anyway, sunny i sent you pm, do let me know your who is your attorney. i mentioned my email add.

guys, pls let me know as i am almost decided to move back but want to finish my MBA that i am close to finish

thanks
Click to expand...
 
Sunny,
in the form 290B Part 2, Information About Appeal.
which one did your attorney choose?
 
Last edited by a moderator:
manwithnoname said:
Yes, if an MTR is filed on an adjudicated (negetively) I-485 all the ancillaries (EAD, AP) gets re-instated.
Click to expand...

manwithnoname, my 140 is going to be denied. so i guess my 485 will also be denied. i plan to file appeal for 140. does that mean my 485 will also get reinstated and valid. i am looking for some options to stay in this country for another 12 months to finish studies. i am on ead and have used up all my h1 time. pls advice thanks
 
In case an I-140 is denied, your employer has to file an MTR within 30 days. During that time usually the I-485 (along with the ancillaries) are left in 'status quo' (that's what I read from the postings in this forum). So I would think of th following strategy: monitor the I-140 online status (with case number) regularly and also seek for updates from your lawyer, so that the MTR (if necessary) can be filed in time.
 
manwithnoname said:
In case an I-140 is denied, your employer has to file an MTR within 30 days. During that time usually the I-485 (along with the ancillaries) are left in 'status quo' (that's what I read from the postings in this forum). So I would think of th following strategy: monitor the I-140 online status (with case number) regularly and also seek for updates from your lawyer, so that the MTR (if necessary) can be filed in time.
Click to expand...

does that mean if for example during 140 appeal, 485 is denied i file mtr for 485. Also, the followup, does that mean if 485 mtr is pending i am in legal status?

Can you point me to thread where you find info about 485 is intact when 140 is under appeal

thanks a lot
 
All,

I am just back from a vacation and checking this thread. I will update you all with info I can tell. I didnt have access to anything that the attorney used, so I dont know how they filled that form and it will be unfair for me to mention the attorney's name in this forum which is not their forum. Let me think if I can provide his name as I really know the pain,
Sunny.
 
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