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I-485 Denied (very sad) please advice
- Thread starter peptic ulcer
- Start date
peptic ulcer
Registered Users (C)
Thanks united nations.
you are good.
Like I said before we did file the MTR 290B form with a brief and fees they returned it back saying no fee was enclosed which is a lie they encashed my cheque.
my question to you is the notice uscis sent says we recieved your EOIR-29 it was not accompanied with fees please resend it with $110 fees. EOIR-29 is totally different form than 290B that we sent with MTR does that mean USCIS are sending my case to BIA or was it just mistake on their part. because EOIR-29 form is appealing at BIA
you are good.
Like I said before we did file the MTR 290B form with a brief and fees they returned it back saying no fee was enclosed which is a lie they encashed my cheque.
my question to you is the notice uscis sent says we recieved your EOIR-29 it was not accompanied with fees please resend it with $110 fees. EOIR-29 is totally different form than 290B that we sent with MTR does that mean USCIS are sending my case to BIA or was it just mistake on their part. because EOIR-29 form is appealing at BIA
LiveAndLetLive
Registered Users (C)
I am really sorry to hear all that you are going thru. I wish you my best wishes. I hope no one else lands in this situation.
MD_Rockville
Registered Users (C)
My best wishes. You will come clean. Best of luck.
peptic ulcer
Registered Users (C)
to united nations,
this is how it happened,
first we filed an MTR/290B form to reopen I-485 and requested to 30 days to file a brief as we didnot know why I-485 was denied. three weeks later filed brief for I-485 MTR and another 290B with brief to reopen I-140. Both MTRS/290B were mailed as a single packet to USCIS. The day we mailed it and even before it had reached I got an Email saying my I-140 has been reopened on a BCIS motion. this week USCIS sent the whole packet back to us with two notices, one notice said we recieved your EOIR-29 and another notice with my I-485 EAC No. said no fee was enclosed please send it back with $110.
questions:
1. what is the proper form to appeal I-485. if AAO is not the right place to appeal were do you send appeal to reopen I-485.
2. Did my attorney confuse USCIS by sending two MTRs/290Bs in same envelope.
3. could I file a 7th year extension on reopened I-140 and what happens to anapproved 7th year H1b if I-140 gets denied later on.
4. generally how much time does it take to rule on an MTR like this.
this is how it happened,
first we filed an MTR/290B form to reopen I-485 and requested to 30 days to file a brief as we didnot know why I-485 was denied. three weeks later filed brief for I-485 MTR and another 290B with brief to reopen I-140. Both MTRS/290B were mailed as a single packet to USCIS. The day we mailed it and even before it had reached I got an Email saying my I-140 has been reopened on a BCIS motion. this week USCIS sent the whole packet back to us with two notices, one notice said we recieved your EOIR-29 and another notice with my I-485 EAC No. said no fee was enclosed please send it back with $110.
questions:
1. what is the proper form to appeal I-485. if AAO is not the right place to appeal were do you send appeal to reopen I-485.
2. Did my attorney confuse USCIS by sending two MTRs/290Bs in same envelope.
3. could I file a 7th year extension on reopened I-140 and what happens to anapproved 7th year H1b if I-140 gets denied later on.
4. generally how much time does it take to rule on an MTR like this.
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peptic ulcer said:wanted to update, still in disbelief and cautiously optimistic
My I-140 was reopened on a BCIS motion 2-3 weeks ago even before we had filed the brief for MTR (after filing 290B we had asked for one month to file a brief)
this is what my I-140 online status says,
this case was reopened on a BCIS motion, and the case is now in process. It is taking between 90 and 485 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
to united nations does this mean my case was reopened by BCIS on their own or was it secondary to filing of 290B.
you guys need to know this, classic example of USCIS mismanagement,
recently filed brief for my 290B (MTR) INS returned the whole packet of brief saying that they have recieved my form EOIR-29! and it was not accompanied by fees, we had enclosed a cheque for $110 and when I check my bank statement USCIS has cashed it !. what a shame. they have cashed my cheque and say i didnot send fees, also I filled form 290B and they are saying we recieved your EOIR-29, go figure.
------- A similar incidence happend to a friend of mine. When he filed his 485 he depleted his bank account by doing a wrong transfer and the checks bounced!. His whole packet was returned. When he resend the packet with new checks they were encashed but the application returned stating that there was no fee!! After many phone calls and conversation with their audit department he was successfully able to convince the folks at INS (it was not USCIS then!) that it was their mistake and get his approval! Good luck to you in your briefing and hope that you overcome this hurdle soon. If they are not convinced about the fee talk to the folks in their audit department. Sometimes they are not very good at updating their records (which you may be quite familiar observing all the discrepancies in their processing!).
Last edited by a moderator:
peptic ulcer
Registered Users (C)
to United nations
Because of all the confusion with how USCIS wrongly registered my appeal as EOIR-29 when we actually filed 290B and like I mentioned before they sent the whole packet with brief for MTR back to us saying to resubmit with a check when in fact we had filed it with $110 and INS has cashed it.
My attorney is suggesting that we not resend the brief as they have registered it as EOIR-29 it may confuse the officer. Most importantly my attorney said INS has already reopened my I-140 even before we filed brief it would be good idea to wait for a descion from INS wether they are going to send an RFE, NOID,approval. Depending on what INS decides my attorney says we will respond.
to united nations is this a good idea, I am ambivalent about it. on one hand INS has not heard my side of the argument why my I-485 needs to be approved on the other hand I donot want to confuse officer when the I-140 is already open.
united nations and other senior members your opinions are valuable.
Because of all the confusion with how USCIS wrongly registered my appeal as EOIR-29 when we actually filed 290B and like I mentioned before they sent the whole packet with brief for MTR back to us saying to resubmit with a check when in fact we had filed it with $110 and INS has cashed it.
My attorney is suggesting that we not resend the brief as they have registered it as EOIR-29 it may confuse the officer. Most importantly my attorney said INS has already reopened my I-140 even before we filed brief it would be good idea to wait for a descion from INS wether they are going to send an RFE, NOID,approval. Depending on what INS decides my attorney says we will respond.
to united nations is this a good idea, I am ambivalent about it. on one hand INS has not heard my side of the argument why my I-485 needs to be approved on the other hand I donot want to confuse officer when the I-140 is already open.
united nations and other senior members your opinions are valuable.
peptic ulcer
Registered Users (C)
Thanks,
I will be talking to my attorney.
I will be talking to my attorney.
nyte_crawler
Registered Users (C)
Question ... Is NOID is the same as Denied ? I just heard that they have issued NOID on my case.. Please reply..
No. NOID = NOTICE OF INTENT TO DENY. If you do not reply to this notice, then you will be denied. You will need to reply with the documents asked in NOID.nyte_crawler said:Question ... Is NOID is the same as Denied ? I just heard that they have issued NOID on my case.. Please reply..