Motion to reopen: Please comment

B

bcis

Registered Users (C)
i was browsing the BCIS website, and the law there says that I have to file Form I-290A in order to reopen my case. However, I-290A Form is not available on its official website, only I-290B is there, which is for appeals.

My problem is whthout Form I-290A how could I move to reopen my application?

Any comments will be appreciated.
 
unitednations,

Is one form 290B is enough for both?
Fee structure is only $110 for both appeal &mtr or i have to keep another $110 for mtr. Please let me know.

My attorney saying that both are same? But, I’m willing to go appeal as well as MTR like you....

Please advice me.



unitednations said:
i290b is the form to use.

In the service center processing times, it explains 290a and 290b. However, on the forms section of the uscis web-site there is no such form as 290a.

My lawyer used 290b for the motion to open and appeal.
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Last edited by a moderator:
unitednations,

can you give more details on MTR, how to request MTR? is it needs separete documentation. How to specify this in appeal. please let me know

unitednations said:
Yes, you only need one form. You only pay the $110 once.

The chronology of events will be:

You have 30 days to file i290b from the date of the denial.

You can give other evidence or a brief (note; you can specify that the brief will follow later, just in case the 30 days isn't enough).

The 290b will go to the original officer who denied your case. He/she can approve it (motion to re-open) or they have 60 days to forward it to the appeals unit (this can take an additional year). The appeals unit will then decide and send it back to the service center (if the appeal unit approves it then it is binding on the service center and they must approve).
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BCIS,
When the service center sent the denial letter, they will also send the proper form to file appeal. In my case they sent
I-290B.

And also all the appeals will be considered as Motion to reopen first. Means the appeal will go to the same officer who denied the case for further review. If she/he is satisfied with the reply, then the case will be approved. If not the case will be forwarded to Appeals Unit in Washington.

Looks like there is no time limit for any thing. My appeal was sitting with the same officer, in Texas Service Center for 7 months and then she forwarded to washington. Appeals Unit took 9 more months to confirm the denial.



nanshi.
 
Unitednations please advise!

unitednations said:
just sent it to your e-mail.
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I know this is wrong thread to post my comments. But please advise me. You have answered my couple of questions about my educational issues for I-140.

Here are my details:

I have a 3 yrs of bachelors(Maths, Physics and Chemistry) and 1 year Diploma in Computer applications and has 12 years of IT experience, 6 yrs in U.S and 6 yrs back in India.

And labor is filed in EB3 and in Vermont.

On Form ETA-750A attorney mentioned:

Col 14: Bachelors or equivalent*
Col 15: "Any equivalent combination of education and/or experience may be substituted"

On Form ETA-750B attorney mentioned:
Col 14
B.S - maths, physics and chemistry
Diploma in Computer applications - C, C++ and Windows NT

Col 15 - Has my 12 yrs of IT experience

My attorney made a typo herefor Diploma in Computer applications for C, C++ and Windows NT as my transcripts contains only C and DOS and C++ and Windows NT.

Please advise if it is going to be a problem since my transcripts has only "C" and DOS not "C++" and Windows NT.

And also what should be on approved labor for the above case.

Please advise and i am really thankful to you.

Ciril99
 
unitednations said:
I see the dilemna; howevever what is on form 750a column 14 and 15 is what matters.

750b is what your qualifications are. Think about it this way; labor certifications can be substituted and someone else can use your 750a who does not have the exact qualifications listed on your 750b. As long as that person meets the criteria on 750 a column 14 and 15 they will be able to use it and get approved.

I don't see 750b being an issue for you.

Because the 750a column 15 allows for combination of degrees, and work experience YOU WILL HAVE NO PROBLEM.
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Thank you so much Unitednations!

Really appreciate your advise.

Ciril99
 
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