I-485 Denied;please Help!!!!!

Potential Precedence Case - I485 denial + MTR questions

Background-
PD: Oct 22nd 2002, EB3, India
I140 and I485 filed concurrently in Oct 2004
I140 approved in Feb 2005
Changed jobs in June 2006
Previous employer revoked I140 and substituted labor in Dec 2006
Never notified of all this happening in the background, until I485 denial in Oct 2008. Did not get letter until Jan 2009. Filed for MTR last week.
Have backup H1b that expires in June 2009

Question to members, experts and ginnu:
1. Are there ways to expedite the MTR?
2. I entered on parole and have approved H1B petition--I think I am incurring out of status stay since Oct 16th 2008 (date of I485 denial) and hence need to go back to India (no canada/mexico) and get H1b stamped. My question is that after H1b stamped and I return to US, can I extend H1B based on pending H1b?

For more details why this is a potential precedence case per attorneys--refer details on the following link:

http://www.trackitt.com/discussion-f...ost-3842637258

I
 
No, you can't expedite the MTR. Normally they will reply about accepting or rejecting the MTR within 1 or 2 months.

I hate it when USCIS doesn't train their people ... they should have known that AC21 would apply to your case.

I think that you would still be in H1B status if you continued to work for the same H1B employer after reentering the US, even if you used Advance Parole to enter. Anyway, yours is a tricky situation and I would not leave the US without knowing about the result of the MTR. If they reject the MTR, you need to be here to properly pursue an appeal. If they accept the MTR or you win the appeal, the days after your I-485 was incorrectly denied will not be counted as out of status. I don't think you can extend the H1B unless the I-485 is reinstated or the existing H1B is not the end of your 6 years.
 
Last edited by a moderator:
MTR question

hi,
Can anyone please let me know how USCIS processes MTRs? Mine was filed on Jan 27,2009 and the attorneys say that it might take 30-60 days for TSC to issue a receipt notice or respond. Does this mean it could take more than a month for TSC to acknowledge even the receipt of MTR? Mine was sent by Fedex and the delivery confirmation shows that it was signed and received. I took an Infopass appointment 2 weeks after the MTR was sent and they said their system does not show that the MTR has been filed. I am not sure when they would update their system. Is it after they receive the packet or when they actually try to make a decision on it?
It's been a frustrating and agonizing process until now. Thanks for any advise or help you can provide.
 
lk79 said:
hi,
Can anyone please let me know how USCIS processes MTRs? Mine was filed on Jan 27,2009 and the attorneys say that it might take 30-60 days for TSC to issue a receipt notice or respond. Does this mean it could take more than a month for TSC to acknowledge even the receipt of MTR? Mine was sent by Fedex and the delivery confirmation shows that it was signed and received. I took an Infopass appointment 2 weeks after the MTR was sent and they said their system does not show that the MTR has been filed. I am not sure when they would update their system. Is it after they receive the packet or when they actually try to make a decision on it?
It's been a frustrating and agonizing process until now. Thanks for any advise or help you can provide.
Click to expand...

It is the decision to accept the reasoning not receiving the package. If just receiving the package will return the application to the pending status, then every one with denied application will sent MTR which cost 43 cents mailing (FedEx or first class mail is the same). Most accepted cases are due to mistake in the system like not showing for FP appointment because the applicant did not receive the notice and similar. But, if the denial because for example fraud, inadequate qualifications for the category, immigration violation, ......etc the approval is almost nil.
 
MTR vs MOTIC

My MTR was filed in Feb 2009 and I have a receipt notice of Feb 9th 2009. However, the receipt notice mentions MOTIC on the top right hand side instead of MTR. My question to resourceful members on this forum:

1. What is the difference between MTR (Motion to Re-Open/Reconsider) vs. MOTIC (Motion to Reopen before Commissioner)?
2. If there is a difference is MOTIC bad or good?
3. What kind of of timeline should I expect. My case is one of wrongful I485 denial due to I140 revocation and non-adherence to AC21 guidelines
 
You must log in or register to reply here.
Top