MOTIC (MTR - Motion to Reopen)

Originally posted by urguest
Yes, it was revoked after 180 days. Almost after a year.
Click to expand...

urguest , when was it revoked ? when as in which month/year?
the ac-21 law was clarified in aug 03 ( posted here by jaysee)
 
I-140 ???

Hi LongGC
How come you are absolutely sure your I-140 is denied. Is the online status saya it is revoked or you received letter from USCIS ? Based on the above answer I can be any help to you if you wish.
 
urguest - Do not worry. AC21 is now a law. It was not when my I-140 was revoked and I-485 was denied. Based on that BCIS has made a mistake. File MOTR.

srbose - if I had not got a letter in the mail from BCIS, I would not file MOTR.
 
Hi Longgc,

Thanks for your response.

My case is like this


I-140 approval : 2/13/2002

I485 R/d : 8/20/2002
I485 N/D : 8/21/2002

Changed job 8/18/03
Filed for AC-21: 10/31/03
Second EAD approval : 2/24/04
Notice of ddenial on my I-485: 3/3/04

My questions to you are as follows:

1) What status you were in at the time of your denial? Did you hv a valid H1 to stay in U.S. Mine mentions to depart US immediately as I do not have a valid H1 now.
2) Did you continue to work the whole time after you received the notice?
3) Has CIS taken decision on your MTR? How long did they take to get back to your motion?

An early response will be really appreciated.
Thnx,
 
I had expired H1. I filed for MOTR. You have 30 days to appeal. Do NOT delay. As long as your case is pending with BCIS on MOTR, your status is that of pre-denial event. So you can work on EAD.

Search this forum for MOTR - MTR - Motion to Reopen. You will find many threads with my details.

BCIS-TSC replied that they will get back to me in 6 months but so far 10 months have passed and nothing has happened. I called NCS and they ask me to wait. They say they can not raise a status enquiry as these cases are handled separately.

Please act and file for MOTR ASAP.
 
Hi Longgc,

Did you get the NOID or Notice of decision. Did it say anything about the timeline to appeal. Mine says it is not appealable.

Please respond asap.

I am working on filing for MOTR.

Thanks once again for your responses.
 
urGuest

Per AC21, BCIS needs to issue NOID, Notice of Intent to Deny before denying a I-485 petition. All decisions are appealable.
They may have done that by mistake. Such mistakes do happen.

When you file MOTR, please make sure that you are currently on job which is SIMILAR to the job profile mentioned in your LCA. Attach, a letter from current employer that you will be hired when the Green Card is approved. Secondly, company letter should mention about your current job title(same or similar as the one in LCA), current job profile (similar to the one in LCA).

As a second act, contact NCS. They may not know much but there is no harm.

Please act fast.

All the Best.
 
Dear Friend LongGC

My heart says you would be fine........its just some matter of time....... so I like to encourage you to consult with ur attoreny and keep in touch with him...... ask him to send a letter about inquery of ur case.....if not done or have sent and 15 days has past..to last inquery.......... send them back with attention
'DIRECTOR or TSC'
................................... I know and understand you had send them many........ send them again... and every 15 days u don't hear send again with new.... mention the reference with old letter. you would get response..........

+Plus....... I like u to contact immidiately and if possible personaly to you local Congress/Senator .... either him/her or their secretary..... give them ur application all docs...and ask for help......... and keep all inquery letter to to you safe....... you may need in future........

DON'T GIVEUP just because they are not replying u...... try best and best u can......... send ur emails....... letters........ to everyone....... I believe one of ur letter will show the earliest resut......... so get ready ........ and stat sending ur letter to all ................



thats all option you have available........ don't worry about old 140 .......... you do have current job....in similar filed....... that make ur case very strong.......

We all do understand ur feeling and frustation u are going through and we pray for ur early GC approval............

VEry Good Luck to you............
 
Last edited by a moderator:
For LongGC

Hi !! LongGC,

Sorry to see you in the same condition as I was 2 years back when my I-140 got denied by mis interpretation of LCA application and they were not just not realising to the fact they are reading it incorrectly. That time I was so worried but my lawyer was very confident, and he worked with INS liasion and manage to get letter in my favor from Labour Deptt and then files the Motion to Reopen. Lastly I got approved from Appeal Unit, this whole process cost me 9 months...

During that time I read number of AAU decisions and realised that if your case is solid then they will approve it. They go through in detail everything and consider everything, so you don't have to worry, I know it's easy to say but...most of the cases I read that were denied were of a Hotel or small garment company trying to falsely employ people from different country...All the genuine case were approved...So Hang in there my friend...Your day will come..

Feel like suing TSC for this agony we all go thruuu...
 
Hi TSC_sufferer,

Did you work on EAD during the time the decision on your MTR was pending. Did you have H1 at that time?

Thanks in advance for your early response.
 
Yes. MTR will be responded with a separate number. USCIS tracks every case with a number similar to all your applications.

Have you filed MTR? Time is of essence...
 
Thanks for the response, LongGC!

I have already filed the MTR. I am not sure whether my attorney has received a receipt number/application number for it or not. I am still trying to get hold of him.

But my I-485 status changed on March 25 to the following:
On March 25, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 730 and 730 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

I also received a notice on my I-485 application stating that after review, they have reopened the above petition or application, or reconsidered the decision previously issued. I will receive a notice under seperate cover once all action has been completed.

What does this mean? Does this mean that the INS has already taken decision on my MTR and my case is back on track.

Thnx,
 
UrGuest

This means they have received your MTR and issued a receipt number. Your status is where you left off, that is 485 pending. If MTR is approved means 485 is approved. Now a long journey begins here.....
 
Hi LongGC,

Did you get the similar notice on your I-485 after filing MTR?

Am I past MTR stage since the petition has already been opened?

Am I in status as long as they do not take decision on my I-485?


Thnx,
 
UrGuest,

Hi LongGC,

Did you get the similar notice on your I-485 after filing MTR?

YES.

Am I past MTR stage since the petition has already been opened?

YES.

Am I in status as long as they do not take decision on my I-485?

YES.

---------------------
Please search this site for all words relating to MTR, MOTR, MOTIC, motion, reopen. When you compile all the list please put it in this thread so that it is available to all MTR sufferrers.

I am looking for answer to some questions,

1. When MTR is filed, how long do they take to process?
2. Do they issue RFE?
3. Do they transfer to local USCIS for further processing or interview?
4. Do they send to Commissioner?

In order to get answers to these questions, I need your help. If you could make a speadsheet then we would know what thread to refer to for which topics etc.

I am also trying to get hold of people who are in similar case as ours. Together, we can make a difference.
 
Hi LongGC!!

Thanks for all your reply. I have gone through almost every thread related to denial/MTR/MOTIC but still have questions like you.

Just an update to all the user, I have received my FP notices after my case was reopned after MOTIC and my status shows that INS has issued an RFE (just for me, not for derivative beneficiary). I am not sure whether the RFE status is just for FP or they have issued a seperate RFE.

Thnx to all the user for their continued support.
 
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