I-140 Motion to Reconsider/Re-open - Time frame

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popsy

Registered Users (C)
When you appeal an I-140 denial, I believe it goes to the service center (usually the same officer who denied the case originally) for re-consideration/re-opening of the case - especially, if the denial was wrong or if there is new evidence.. and the process seems to be that the officer can either approve the case (based on the motion to re-consider/re-open) or transfer it to AAO.

My biggest question is, how long does the Service Center (officer) take to decide this - i.e., even if he decides not to approve, how long does he take to transfer it to AAO?

Please share experience/opinions. BTW, this is California Service Center.
 
my details

hi popsy,
based on my exp you should be lucky(1 in 100) if the idiot officer accepts your case.
my case was denied due to silly mistake, but they have forwarded it to AAO in march.
i applied MTR in january. the receipt notice say it is taking 30-180 to decide on the case.
keep everybody updated about your info here on the forum.
 
Re: my details

Hi, Thanks for your reply. outcome of MTR is not very encouraging though.. God knows how long this will take once it gets to AAO. I can't believe that the officer will not reverse his original decision even if he had made some errors...

Also, my H1 7th year extension is pending - filed on March 2nd (regular processing) and this 140/485 denial came end of March. My H1 6 years just ended and I'm worried about the fate of my pending H1 extension. I do have a very good lawyer handling the appeal and he thinks that it should be re-opened.. but, who knows whether the officer even truly re-considers or reads the MTR?? He could simply be keeping it for a few days and forwarding it to AAO..sounds like that is what happened in your case.

BTW, could you share the reasons for your 140 denial? Did you re-file as well? Do you have a lot of time left on your H1 to deal with this?

Appreciate your response.





QUOTE]Originally posted by ucissucks
hi popsy,
based on my exp you should be lucky(1 in 100) if the idiot officer accepts your case.
my case was denied due to silly mistake, but they have forwarded it to AAO in march.
i applied MTR in january. the receipt notice say it is taking 30-180 to decide on the case.
keep everybody updated about your info here on the forum. [/QUOTE]
 
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