I-140 Denied, MTR filed, Not reopened, Should I go for FP ?

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myitneeds

Registered Users (C)
I-140, 485 Denied, MTR filed, Not reopened, Should I go for FP ?

Hi All

My I-140, 485 ( both) denied- Ability to Pay - first week of dec /2004
Received FP in Last Week of Dec i.e 31 /2004 schduled for Feb 2005
MTR filed first week of Jan/2005 ( Not reopened yet as of today )

Should I go for FP ? Please suggest me ??


thanks
 
Last edited by a moderator:
In my opinion, it's better to take it what you have paid for.
More over, you have already filed MTR.

People had trouble getting their I485's, cause they have eliminated FP as per Attorney advice.
 
myitneeds said:
Hi All

My I-140, 485 ( both) denied- Ability to Pay - first week of dec /2004
Received FP in Last Week of Dec i.e 31 /2004 schduled for Feb 2005
MTR filed first week of Jan/2005 ( Not reopened yet as of today )

Should I go for FP ? Please suggest me ??


thanks
Click to expand...
YES. You should go for it. Since you have filed for MTR, if your MTR is accepted, they will check if your FP and Name Check is done, if yes, they may approve concurrent. Look at my case. I got a 485 approval after MTR was accepted.
 
dazzling said:
YES. You should go for it. Since you have filed for MTR, if your MTR is accepted, they will check if your FP and Name Check is done, if yes, they may approve concurrent. Look at my case. I got a 485 approval after MTR was accepted.
Click to expand...

Yes, definitly. I went for mine afer filing MTR.
Don't expect concurrent approval anymore starting this year.
Thanks
 
Hidden_man said:
Yes, definitly. I went for mine afer filing MTR.
Don't expect concurrent approval anymore starting this year.
Thanks
Click to expand...
Not true. Concurrent approvals will still happen as long as you are not in EB3 and in not in one of the three countries. For all other categories where PD is current, concurrent approvals will still happen.
 
dazzling said:
Not true. Concurrent approvals will still happen as long as you are not in EB3 and in not in one of the three countries. For all other categories where PD is current, concurrent approvals will still happen.
Click to expand...
Dazzling is right here. I missed the eb1, eb2 while replying.
 
dazzling said:
Not true. Concurrent approvals will still happen as long as you are not in EB3 and in not in one of the three countries. For all other categories where PD is current, concurrent approvals will still happen.
Click to expand...
Dazzling, correct me if I am wrong.

My understanding is, if you are in EB3 and PD is prior to DEC 31 2001, you can still get concurrent approval (if FP is done). Does the country still comes into picture, though your PD is in 2001?
 
I-140 / I-485 Denied (Lack of Ability to pay)

Hello, Hidden man / United Nations

as you have gone through this Please see my case details and suggest me how should I proceed further for I-140 /I-485 for denial lack of ability to pay by employer. Who is the best Attorney to file the MTR for these kind of cases ?

Can I find an another employer with a Pre approved labor and file I-140 again, I am on my 7th yr H1b ?

Thanks
 
Kishore_l said:
Dazzling, correct me if I am wrong.

My understanding is, if you are in EB3 and PD is prior to DEC 31 2001, you can still get concurrent approval (if FP is done). Does the country still comes into picture, though your PD is in 2001- NO, Concurrent Approval Applicable?
Click to expand...
 
raju_samu said:
Hello, Hidden man / United Nations

as you have gone through this Please see my case details and suggest me how should I proceed further for I-140 /I-485 for denial lack of ability to pay by employer. Who is the best Attorney to file the MTR for these kind of cases ?

Can I find an another employer with a Pre approved labor and file I-140 again, I am on my 7th yr H1b ?

Thanks
Click to expand...
Do'nt give up, try to get help to prove ATP. If your employer is cooperative and provide financial information, all attornies will do in the same way. The Finacial areas have to be covered by company's CPA/Advisors.
 
I 140 & 485 Denial.. Help please

Hidden man/Dazzling / United Nations help me please...

I got the 140 & 485 denials today. This due the following issues. Do you think, I can apply for MTR on 140.

1) Substitute Labor
2) RFE submitted on both 140 & 485
3) Denied 140 & 485

Issues:
Original Labor: Education Bachelor of Science in Computers
Experience: 2 Years

Mine : Education Bachelor of Technology in civil Engineering
Diploma in Computer education
Experience: 6 Years

Some of the wording from the denial letter:

" The beneficiary does not appear to hold a U S Baccalaureate degree or a foreign equivalent degree in filed required by the job offer. Part A-14 of the certified from ETA -750 "

Comments on Education Evaluation 1 : "additional concentration in computer science”
comments on Education Evaluation 2 : " the completion of additional minor in computer science from an accredited technical college in US"

Comments on Major Field of study: " Form 0750 requires a minimum of a bachelor’s degree with a major filed of study in computers or equivalent"
" considering the beneficiary's work experience also does not meet the requirements of the job offer"
 
I 140 Denial issue

I got the copy of 140 Denial from my lawyer today.. Here are the details

Education is not matching in the original labor and mine.

Original labor says: (750A )
#14
College Degree required : Blank
Education : 8 +3+6 Major Filed Computer Science
Training : 2 Computer application
Experience : 2Y -6 M Software engineer

Mine:
Education : 10 + 2 + 4 Bachelors in Civil Engineering
1 Year Computer Diploma
Experience : 6 Years

#15 None
I am not sure why the immigration officer, mentioned in his denial letter, you don't have US Bachelor of science in computer science or its foreign degree equivalent.

Do you think, I can apply for MTR ?. Dazzling, Hidden man & United Nations Experts comments please....
 
Hey KP7865..did you submit the edu. evaluation certificate ?? where did you get it and what exactly is the wording used by the evaluator ? I guess you are having problem as you are short of 1 year (8+3+6= 17 and 10+2+4 = 16) in your degree as compared to the original labor....looks like that they didn't consider the 1 yr diploma to establish the equivalency... :confused:
dazzling also had the same issue...
 
Evaluation Issue

Hi Gctarget,
Is he focusing on Major field of study or original labor applicants education (which is Bachelor of computers ).? I am not sure, but I could say from his letter, he is trying to match may Batchelors (Civil Engg) with computers. I got the evaluation from "Worldwide education evaluators inc"
 
kp7865 said:
Hidden man/Dazzling / United Nations help me please...

I got the 140 & 485 denials today. This due the following issues. Do you think, I can apply for MTR on 140.

1) Substitute Labor
2) RFE submitted on both 140 & 485
3) Denied 140 & 485

Issues:
Original Labor: Education Bachelor of Science in Computers
Experience: 2 Years

Mine : Education Bachelor of Technology in civil Engineering
Diploma in Computer education
Experience: 6 Years

Some of the wording from the denial letter:

" The beneficiary does not appear to hold a U S Baccalaureate degree or a foreign equivalent degree in filed required by the job offer. Part A-14 of the certified from ETA -750 "

Comments on Education Evaluation 1 : "additional concentration in computer science”
comments on Education Evaluation 2 : " the completion of additional minor in computer science from an accredited technical college in US"

Comments on Major Field of study: " Form 0750 requires a minimum of a bachelor’s degree with a major filed of study in computers or equivalent"
" considering the beneficiary's work experience also does not meet the requirements of the job offer"
Click to expand...



Mine case is exactly like your case .I am filing an appeal.Please find me pother threads also .I want to followup on yours
 
All I-485 cases related re-open automatically?

dazzling said:
YES. You should go for it. Since you have filed for MTR, if your MTR is accepted, they will check if your FP and Name Check is done, if yes, they may approve concurrent. Look at my case. I got a 485 approval after MTR was accepted.
Click to expand...

Hello Dazzling,

I just know your I-140/485 were denied and got approved after appeal. I am in the smae boat and you may help me out. Here is my story:

I concurrently filed I-140 for myself and I-485 for me/my wife/son on Aug. 2004 and got denied notice for all I-140/485 applications on Dec 2004 due to ability to pay. My lawyer filed appeal for my case Jan 2005 and got my I-140 approved Aug 2006. Also I was noticed my I-485 re-opened and requested new evidences (w2, employment letter). I did and wait for further news. I thought I-485 cases for my wife/son should be reopened together with mine once I-140 was approved. When I applied for EAD for me and my wife, mine was approved buy my wife's was denied. The reason is "Service records indicate that on 12/2004, I-485 (of my wife) was denied."

I called USCIS today, and a rep told me when I-140/485 cases were denied, I should file appeals for I-140 and I-485 cases separately. Is this true? I think if my I-140 was approved, all 485 cases related my I-140 should be re-opened. From your signature, you filed mutilple I485 cases with one I-140. When you appealed I-140, did you filed appeal for other I-485 cases seprately?

Actually I called VSC months ago. A rep told me that she will bind my wife/son's i-485 with mine, but today another rep's answer scared me.

Please help me out: is what today's rep said correct? What do I need to do?

I look forward to hearing you. Thank you very much.
 
I do not know the process...

In my case... after applealing ( MTR)... did not open, but referred to AAO office... Later on I withdrawn appeal ( MTR ) from AAO.

I re-filed with new I-140 with all new financial statments along with new I-485... and I-40 is approved in oct,2006.... waiting on I-485 ...

No dependents in this case...


thanks
 
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