I485+AC21+MOTR!!please post?

D

desp_gc

Registered Users (C)
Anyone out there who got I-485 approvals after case was reopened following an MOTR approval?

Case details--
I-140-Approve Feb 1,2005
Withdrawn by employer May,2005
I-485 Denial June 20,2005
MOTR July 22,2005
Case reopened August 2,2005( online status"Case reopened... that it will take 800-900 days)

Anyone else in the same boat getting worried about this..Is the time frame correct(800-900 days)? What are the chances of approval for I-485?

Please post your experiences/responses..

TIA..
 
desp_gc said:
Anyone out there who got I-485 approvals after case was reopened following an MOTR approval?

Case details--
I-140-Approve Feb 1,2005
Withdrawn by employer May,2005
I-485 Denial June 20,2005
MOTR July 22,2005
Case reopened August 2,2005( online status"Case reopened... that it will take 800-900 days)

Anyone else in the same boat getting worried about this..Is the time frame correct(800-900 days)? What are the chances of approval for I-485?

Please post your experiences/responses..

TIA..
Click to expand...

PD?
I-140 filing date or RD?
I-485 RD?
when did you join new employer?
 
I140 rd date Nov 11,2003
I-485 rd date Dec11,2003

Joined new employer April,2005
Sent in AC21 on joining
Sent AC21 again and quoted from Yates memo in the MOTR ..to get case reopened..
 
desp_gc said:
I140 rd date Nov 11,2003
I-485 rd date Dec11,2003

I-140-Approve Feb 1,2005
Withdrawn by employer May,2005
I-485 Denial June 20,2005
MOTR July 22,2005

Joined new employer April,2005

-------------- when you joined new employer your I-140 was approved and I-485 was pending more than 180 days, I dont know why they denied the I-485 becasuse you sent AC21 and are eligible for AC21. I dont see problems in MTR.
Sent in AC21 on joining
Sent AC21 again and quoted from Yates memo in the MOTR ..to get case reopened..
Click to expand...
 
Hi desp_gc
did your 485 message changed when it was denied? Did it change when a NOID was sent? Thanks.
 
My I-485 message did not change online. However I did get a denial notice. Followed this with an MTR and currently the online status says"Based on BCIS motion this case has been reopened...."

Kris.. did are in the same situation as me?
 
Did you receive a NOID notice before getting a denial notice? Did your 485 message changed, when you received a NOID notice? Usually USCIS sends a NOID notice (Notice Of Intent to Deny) in 140 revoked cases and it will give you 30 days time to reply to it. If you did not reply in 30 days, they will send you the denial notice.
My 140 and 485 was applied on September 2004 and 140 was approved on October 2004. I changed jobs on May 15th 2005 and send the AC21 & G28 papers to USCIS on June 15th. My former employer recently revoked my 140 and I have been seeing a lot of LUD changes on my 140 and 485, but the message has never changed so far. As per my former employer, they submitted 140 revokation application on May 15th and 140 was revoked on July 1st. The last LUD change on 140 was on July 4th and the last LUD change on 485 was on July 14th. After that, there is no LUD changes on 140 and 485. So I am expecting a NOID notice, since USCIS does not care whether you send the AC21 papers after you switch jobs.
Regarding your case, you dont need to worry, as MOTR has already been reopened and your 485 is back on track. you can enjoy all 485 benefits like EAD and AP, till you get your green card. USCIS screws up sometime, but ultimately they correct their mistakes. The system is not perfect, but atleast has some checks and balances.
 
Same case but still waiting

Hi guys,

I am in same boat(TSC).

140 Approaved - June 2003.
485 RD - May 2003.
I got lay off in May 2004.
Employer revoked 140 in June 2004.
Received NOID in June 2004.

Applied for MTR in July 2004.
My Online status on 485 did not change by my MTR.
My MTR status says they are still working on my case. Although when I opened an inquiry, they said that they have reopened my 485 case. (the MTR case does not have any status online yet).

And as per current processing times update, TSC is processing 485 cases of August 2003 ( way after my 485 RD). Still no update on my case.

I have applied for EAD renewal after that which is approved last month.
My wife's EAD renewal is applied at the same time but there is not update on that yet. Her Drivers license is expired and DMV says that she needs to have EAD to get her license.

So we are in trouble right now.

I just spoke to Immigration office at TSC last friday and they opened another inquery on my 485 case and they said that I will get update in 3-4 weeks.

Hope I get some thing.

Sam
 
IndianSam-

I am assuming you used AC21 to file for the MOTR..what is the priorty date for your application? Have you recieved any RFES for your I485 after it was reopened? I am not sure if they put use back in the bottom of pile again my online status states that it will take 800-900 days..again it maybe priority date Are you planning on contacting your local senator?
 
Found a way to check status

Hi,

Today I found a way to check status of your file in TSC.
We call to National number and go through the steps to check the status for our SRC number and after then when it asks us to go to Next step gp for that.
After that instead of selecting the option to talk to customer Rep, select the option which says " if you have filed applications for your whole familya and you feel that some information for other member is lost..blah blah.." , select that option . This will take directly to TSC and you are talking to Immg. Officer there which can give you actual status of your application.

Also regarding going at the bottom of the Pile, If we have received NOID and then we file MTR then we do go to the bottom of the pile for the date when the MTR is approved. In my cas today I found that my MTR is approved in Oct 2004 so my new priority date is changed from MAy 2003 to Oct 2004.

So I have to wait.

Sam
 
Sam-

If I am understanding you correctly then my case will have a priority date of Aug 3,2005 so I will have to wait for long time .. did the officer mention that we will be put in the bottom of the pile? I know people on this forum have gotten I485 approval 3 months or so after MOTR ...
 
Still waiting

Hi,

the officer did not tell me that our case will be on the bottom of the pile again but from my case, I assumed about it.

If that is not correct then please post those cases so I can atleast see what is different between my case and their cases.

Thank you

Sam
 
More details

I spoke to immigration officer ( rep) again at TSC about the MTR and priority of the case and here is what she explained me.

When a NOID is issued, all the processing on 485 case is stopped and nothing happens on that case.

Then when we apply for MTR and when it gets approved then they again pull our files from the stack of files where they stuffed after issuing NOID and start processing on it again.
SO even though it gets processed in parallel with other cases, the entire 485 process starts again ( except FP which is still on file so it comes only when it expires) and that's why it takes longer to process such cases compared to the regular 485 cases.

I tired to get as much information as possible and putting it here for other fellow members as I know how frustrating it is to wait for 485 and see other people who have filed later then us gets their GC.

But don't loose heart guys. I am also not loosing mine.

Let's hope for the best.
 
Thanks Indian SAM for the information.

The approval of MOTR is because we were able to remove the cause for denial of I-485. However it may be said that if all documents are in order and they find no more reasons for RFE or denail it might be approved faster.

Let us hope for the best and keep each other posted...
 
I had received NOID, and my 140 was updated on 07/29 as being revoked.
Now, I have replied. They have updated the I-485 case as response received on NOID and it is taking 600 days to process these kind of cases and I will get a written decision. but no update on I-140. I guess that mean, that my I-140 is still revoked as of now.
Is this a good sign.
Can you guys please share your thoughts on this.

Thanks,
Def.

PD - 10/30/03.
140/485 RD - 06/01/04
140 AD - 03/23/05.
 
My NOID AND SUBSEQUENT CHANGES IN MY PROCESSING......

Hi Folks,
my case details...
Pd:11/17/2001
labor sub
I-140 approval may 2003
I-485 Rd:03/14/2003)
Now on 3rd EAD/AP

MARCH'2005,CHANGED EMPLOYER(BUT did not send AC-21 docs to nsc)
my prev employer revoked my I-140 in april'2005

Got NOID july 22nd'05
Replied to NSC on aug 11th'05,with new attorney,(my present EVL(Same job description,but with 75% higher salary).
LUD change sept 1st'05,"that processing will continue,blah,blah,blah...).

BUT MY ATTORNEY RECEIVED A LETTER FROM NSC dated sept 1st;05

"
DECISION​

This refers to the application to register permanent residence or adjust of status you filed on march 7th'2003.You were notified of this service's intent to deny that application.

After a review of the complete record of proceeding,including any response you submitted ,THE GROUNDS OF DENIAL HAVE BEEN OVERCOME.

Processing of your application will continue.
Sincerely

Paul M.Pierre Acting director "

The point I want to make is,my attorney did not open MOTR with NSC,he jes responded to NOID to NSC.

hope this helps

Abhi
 
Last edited by a moderator:
abhi485 said:
Hi Folks,
my case details...
Pd:11/17/2001
labor sub
I-140 approval may 2003
I-485 Rd:03/14/2003)
Now on 3rd EAD/AP

MARCH'2005,CHANGED EMPLOYER(BUT did not send AC-21 docs to nsc)
my prev employer revoked my I-140 in april'2005

Got NOID july 22nd'05
Replied to NSC on aug 11th'05,with new attorney,(my present EVL(Same job description,but with 75% higher salary).
LUD change sept 1st'05,"that processing will continue,blah,blah,blah...).

BUT MY ATTORNEY RECEIVED A LETTER FROM NSC dated sept 1st;05

"
DECISION​

This refers to the application to register permanent residence or adjust of status you filed on march 7th'2003.You were notified of this service's intent to deny that application.

After a review of the complete record of proceeding,including any response you submitted ,THE GROUNDS OF DENIAL HAVE BEEN OVERCOME.

Processing of your application will continue.
Sincerely

Paul M.Pierre Acting director "

The point I want to make is,my attorney did not open MOTR with NSC,he jes responded to NOID to NSC.

hope this helps

Abhi
Click to expand...
It is bad news for AC21. Do you think if your 140 was revoked by your previous employer after 180 days of 485 pending, there are still big chances that 485 will be denied? Please put your thoughts here.
 
abhi, did you also receive a copy. becos, earlier I had submiited a letter to revoke G-28. They had not attched that to my case, untill 1 week back. I don't know, if they will send to my previous lawyer.
 
today I got a letter from NSC...

Thanks Deflep...
Yeah I really hope the procesing will go to a positive logical conclusion
Today I also received a letter on I-797c,notice of action form; from NSC stating that..

"After review,we have reopenedthe above application or petition,or reconsidered the decision previously issued.You will receive a notice under seperate cover once all action has been completed"

I'm just waiting for visa numbers to be available.


thanks,
Abhi
 
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