MOTIC (MTR - Motion to Reopen)

L

longGC

Registered Users (C)
MOTIC - Motion to Reopen / Reconsider before Commissioner.

My I-485 was denied in June 2003 after revoking I-140. I had applied for MTR and BCIS replied that they are taking 150 to 180 days to process such cases. Now, 180 days have passed and I have still not heard anything from BCIS. (my former company informed BCIS about layoff, they revoked I-140 even though I am currently having a new job in similar occupation. Please note that this happened just before the release of August 2003 memo.)

Q.1 What to do?

Q.2 Now a days, even simple thing such as AP is taking 7 months. TSC is so confident about it that they told me it would take 180 days to process and AP that I had filed in May 2003 is still not approved. In these cases, we could do nothing but to wait.

But the question is, if BCIS is not honoring the time frame they have given us then how do we expect that our I-485 will be approved in 999 days as indicated by BCIS. The time frame of 180 days or 999 days itself is so big and now we have to face another uncertainty. What recourse do we have?

Please suggest / help.
 
Hi longGC..

How to file that MOTIC(Motion to Reopen / Reconsider before Commissioner). Could you please explain that..

I just want to know the procedure incase I need it.

Thanks.
 
You won't need it until your I-140 is revoked.

If it does get revoke, your lawyer who filed I-485 can file MTR. It is a simple letter addressed to Commissioner to Reopen the case and is not a form.

Thanks.
 
Hi !! LongGC,

Are you allowed to work once your I-485 is denied and you file Motion to Reopen. What happend to EAD ?? Is it still VALID..??

TSC_Sufferer
 
Yes.

You are in status and allowed to continue as if I-485 is pending TILL the outcome of MTR is heard from USCIS.

I am not sure what happens to EAD and AP. My EAD was just issued before denial.
 
Is your 140 approved?

Hi longGC,
Was your 140 approved at the time of revoking? When was your I140 revoked?
Thanks in Advance.
 
Even if I am admonished.....

Dear Friends,

I apologize if I were to hurt any of your feelings inadvertently. I really feel bad for longGC not only that he is undergoing all this crap, but also that none of us are able to answer his SOS posers. At least we can avoid asking counter-questions in a thread, where this guy will have lots of hopes everytime he sees somebody posting. It will be more disappointing for him, only to see others asking more about his ordeal than in answering his questions. So, let us kindly refrain from asking 100% questions about his ordeal, even as we offer 0% advice on his SOS. A better suggestion would be to open a different thread and allow this for possible advice to be given by some other gurus.

As I said, I am sorry, if you find this to be in bad taste. I couldn't avoid it. Again, sorry.
 
Yes.

My I-140 was approved and I-485 was pending for 2 years. Please note that this happened just before the August 03 memo related to such cases.

I appreciate sentiments shown by poongunranar. I am hoping someone would give some clue as to what is next.

Thanks.

PD 01/98
RD 05/01
ND 07/01
FP 04/03
 
Contact your local senator

Hi LongGC,
If your I140 was approved and 485 is pending for more than 180 days( according to the new regulations AC21), revoking 140 should not affect your 485 case.
You have Couple of options:
1. Contact USCIS and find out the staus of your case, if they have any other than the online status.

2. If #1 does not work then Contact local senator, I read from these forum(s) senators get more information than just the online message read by USCIS representatvies.
Contacting local senator i have no idea how to do, some expert in this forum can help to find a local senator.
 
Get a good lawyer

Make sure you have a good lawyer. Your case is pretty solid and you should be OK, however things may get screwed up if your lawyer is not aware of AC21 or just does not care about this case.

Regarding your desire to accelerate the time-line:
1. Ask your lawyer to write a letter
2. Call national center
3. Send your case outline to senator
4. Fax/write directly to Texas Service Center
 
Please Help

Hi Longgc,

I think I am in the same boat as you were. Please let me know the status that you had while pending MTR? Did you have H1 at tah ttime to allow you to stay here? Did you work on EAD during that time?

Thanks for response in advance.
 
good suggestions poongunranar...This is what I did though my date wasn;t more than 999 days..each senator or congressman has a website..find that pertains to ur local guys..they should have a link or email asking feedback...tell them ur whole story..dont tell abt revoking 140 and stuff... but just explain the timeframe for processing ur case...tell them u r a dutiful "citizen"..paying taxes regularly..being responsible and stuff.. see what happens..u can also fax them ur feedback..or call them..

I'd say first email...then fax..then call..do this regularly for 2 weeks (not everyday that would really irritate the person picking up faxes..)..but u know what i mean right..

I live in houston..and i sent only one email abt slow processing of TSC...i am not sure if i provided my case details..but my case got approved in 3 weeks..maybe its coincidence..

But Coincidence is better than no incident..

If u need a better lawyer and live in houston area...contact QBP..they r the best (atleast i think...others can disagree..which they usually do with my statements)..

Goodluck man..

Madhav
 
I had pending AOS and a valid EAD at the time I filed MOTR. So I could work.

You need to explicitly mention your case to get some feedback from this forum.

All the best.
 
Here are some more details

I have received a notice of decision from USCIS stating that my application has been denied because of revocation of underlying I-140. It also says that I should immediately depart US.

I filed my I-485 after I-140 approval. I changed my employer almost after one year of pending I-485 and filed for AC-21.

My EAD got renewed on 2/24 (valid till 4/10/05)
I-485 denied on 3/3
Entered U.S. on parole on 3/14.

Thnx,
RD 8/21/2002
 
urguest,

when was the I-140 revoked ? 180+ days after applying for I-485 ?

If your I-485 was pending for more than 180 days, revoking I-140 should not affect your 485 case.
 
Last edited by a moderator:
urguest,

Got this elsewhere ..

**************************
Question 6 : If I change my job, I am afraid my employer will "do something" to end my immigration case. Am I in danger? TOP

Perhaps. While your I-485 is your own application and the employer cannot withdraw it, the entire application rests on the I-140, which is the employer's application. Under previous law, the employer controlled the I-140 throughout the process. Withdrawal of the I-140 meant denial of the I-485. This matter has not been addressed under AC21. While it seems that the employer should lose control of the I-140 after 180 days in order to make AC21 fully effective, this issue needs further clarification. At this point, it appears that if the employer were to withdraw the I-140, the INS possibly could issue a notice to the beneficiary with respect to the processing of the I-485. The beneficiary might then have the opportunity to respond by showing another job offer. INS has not provided specific instructions or regulations as to how this type of situation should be handled in light of AC21.

**************

Based on this information from murthy.com, stop being as worried as you are. I'm trying to find some more information with respect to your case scenario.


Jaysee
 
urguest,

Got this elsewhere ..

**************************
Question 6 : If I change my job, I am afraid my employer will "do something" to end my immigration case. Am I in danger? TOP

Perhaps. While your I-485 is your own application and the employer cannot withdraw it, the entire application rests on the I-140, which is the employer's application. Under previous law, the employer controlled the I-140 throughout the process. Withdrawal of the I-140 meant denial of the I-485. This matter has not been addressed under AC21. While it seems that the employer should lose control of the I-140 after 180 days in order to make AC21 fully effective, this issue needs further clarification. At this point, it appears that if the employer were to withdraw the I-140, the INS possibly could issue a notice to the beneficiary with respect to the processing of the I-485. The beneficiary might then have the opportunity to respond by showing another job offer. INS has not provided specific instructions or regulations as to how this type of situation should be handled in light of AC21.

**************

Based on this information from murthy.com, stop being as worried as you are. I'm trying to find some more information with respect to your case scenario.


Jaysee
 
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