Important: Keep Dual Status at 485 stage

I think u r misstating.

Plz don't raise alarm. MTR is a procedure not handled by court. This pertains to people who have gone to court and not the administative MTR process.
 
What I understand from the story is: you will be put in jail if your MTR or appeal is denied, not when your AOS case is denied.

When your AOS is denied, you are expected to leave the country voluntarily and 'immediately'. You do have an option to file an MTR though. At this point, I don't think, at the moment, they will come to you and detain you.
Only after your MTR has been processed and then denied by an immigration court judge that you will be put in jail. That's why the story says that Immigration Enforcement officers will be assigned in courts.

The backup option (like H1 or L1) is always a good idea. Problem is, nowadays many companies do not want to pay for your H1 extension once you have obtained an EAD.
 
Re: I think u r misstating.

Originally posted by OmGV
Plz don't raise alarm. MTR is a procedure not handled by court. This pertains to people who have gone to court and not the administative MTR process.
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I know at least four cases in which they did it when I-485 was denied.
They gave them three days time go out . These were the cases in which I-140 was revoked. Company informed both local office and service center. Within month officer visited the houses to verify the status of the family. Once officer found no other status exists he gave the ultimatum of three days. He was ready to issue NTA on the spot. The only options CIS gave them was to show the company is still supporting them or vacate the country.

This was happened in December 2002. These people went out of country came with new H1 and their attorney applied for MTR. Last time when i spoke them still MTR was pending. The company sent sent letter of revocation before completion of 180 days. Action was take only after 180 days.
 
Re: Re: I think u r misstating.

Originally posted by tammy2
I know at least four cases in which they did it when I-485 was denied.
They gave them three days time go out . These were the cases in which I-140 was revoked. Company informed both local office and service center. Within month officer visited the houses to verify the status of the family. Once officer found no other status exists he gave the ultimatum of three days. He was ready to issue NTA on the spot. The only options CIS gave them was to show the company is still supporting them or vacate the country.

This was happened in December 2002. These people went out of country came with new H1 and their attorney applied for MTR. Last time when i spoke them still MTR was pending. The company sent sent letter of revocation before completion of 180 days. Action was take only after 180 days.
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You have 30 days once the case is denied to appeal. You can't appeal I140 because u r not the applicant, it is the company/employer. Pending I140 or it is processing doesn't give us the employees any special status. But pending AOS permits us to stay in status.

So, do u know of a case in which when there is a pending MTR for AOS denial, they were given the ultimatum to leave, either before 30 days of denial or after 30 days of denial, if a MTR has already been filed in the 30 days?
 
Re: Re: I think u r misstating.

Originally posted by tammy2
I know at least four cases in which they did it when I-485 was denied.
They gave them three days time go out . These were the cases in which I-140 was revoked. Company informed both local office and service center. Within month officer visited the houses to verify the status of the family. Once officer found no other status exists he gave the ultimatum of three days. He was ready to issue NTA on the spot. The only options CIS gave them was to show the company is still supporting them or vacate the country.

This was happened in December 2002. These people went out of country came with new H1 and their attorney applied for MTR. Last time when i spoke them still MTR was pending. The company sent sent letter of revocation before completion of 180 days. Action was take only after 180 days.
Click to expand...


It is not clear from your story whether the I-485 was denied because the I-140 was revoked by the employer BEFORE it was even approved, or the I-485 was denied because the I-140 was revoked by the employer AFTER the I-140 was approved but the I-485 had been pending for less than 180 days.

Which one was the situation?
 
Re: Re: Re: I think u r misstating.

Originally posted by OmGV
You have 30 days once the case is denied to appeal. You can't appeal I140 because u r not the applicant, it is the company/employer. Pending I140 or it is processing doesn't give us the employees any special status. But pending AOS permits us to stay in status.

So, do u know of a case in which when there is a pending MTR for AOS denial, they were given the ultimatum to leave, either before 30 days of denial or after 30 days of denial, if a MTR has already been filed in the 30 days?
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These case had the pending AOS with approved I-140. Because of revocation of I-140 AOS was denied.
In the case i am referring to the ultimatum was given for three days. All these things happened within between Wed and Mon. They did not get chance file MTR before going out. But their attorney filed MTR.

Believe me i have posted this earlier also. I explained every thing in detail.
 
Re: Re: Re: Re: I think u r misstating.

Originally posted by tammy2
These case had the pending AOS with approved I-140. Because of revocation of I-140 AOS was denied.
In the case i am referring to the ultimatum was given for three days. All these things happened within between Wed and Mon. They did not get chance file MTR before going out. But their attorney filed MTR.

Believe me i have posted this earlier also. I explained every thing in detail.
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Hmmm. Interesting. Thnx for the info. So, those applicants had no other issues except that their I140 was denied?
 
Re: Re: Re: Re: Re: I think u r misstating.

Originally posted by OmGV
Hmmm. Interesting. Thnx for the info. So, those applicants had no other issues except that their I140 was denied?
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Not denied. But revoked.
 
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