MTR Accepted, 140 and 485 reopened on BCIS motion

D

dazzling

Registered Users (C)
My MTR has been accepted by USCIS and my 140 and my 485 applications have been reopened by USCIS.

12/06/2004 - MTR accepted. Status updated on 12/06/2004 at 5:45 PM (CST) for both I-140 and I-485. Another LUD on 12/07/2004 at about 9:00 AM

12/09/2004 - LUD on my I-290B late in the night (at 11:00 PM)
12/10/2004 - Another LUD on my I-290B in the morning (at 9:00 AM)

My wifes I-485 is still showing the old status of FP received. They have not reopened my wifes I-485.

I called the USCIS Customer Service at their 800 number and asked the lady to be transferred to a Level II officer. The Level II Officer took all my case numbers and advised me to file a MTR for my wife's I-485. This looks to be really weird, as I thought all the applications should go together. I am trying to find out from my attorney about the course of action from here (about my spouses 485).

To get a history of my case and why my 140 was denied, please follow the thread in my signature.

Thanks everyone for your moral support and "unitednations" for responding to my infinite questions.
 
Good Luck to you.

Which 800 no you called to speak with level II officer ?

How do you go about it to speak with level II office ?
 
mbtech said:
Good Luck to you.

Which 800 no you called to speak with level II officer ?

How do you go about it to speak with level II office ?
Click to expand...
1-800-375-5283
Told the lady about my case and she transferred to an immigration officer ..
 
Today my wifes I-485 case has been reopened. I was about to file a MTR to open that, but they have opened the case. This is very very funny because 2 days back I talked to a Level II officer and he had told me that I have to file a MTR to reopen the case. Anyway .. I have never been able to understand how USCIS works.
 
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What is MTR?

1) Please can somebody explain what is MTR, who can use it

2) My wife's I131 (AP) is pending since last 6 months, Is it possible to contact Level 2 Officer about this case. I called customer support 2 times & started enquiry but nothing happened so far.

Thanks in advance.
 
GC_09_2003 said:
1) Please can somebody explain what is MTR, who can use it

2) My wife's I131 (AP) is pending since last 6 months, Is it possible to contact Level 2 Officer about this case. I called customer support 2 times & started enquiry but nothing happened so far.

Thanks in advance.
Click to expand...

MTR is Motion to reopen. If a case is denied, then you can file form 290B - Motion to reopen and in the alternative appeal.
 
Eric,
This is weird, why they denied your case, you mentioned EB3 category, dont you have even EB3 level qualifications and exp???
or is it basically for your employers Ability to Pay reason mostly???
 
rsannu2k said:
Eric,
This is weird, why they denied your case, you mentioned EB3 category, dont you have even EB3 level qualifications and exp???
or is it basically for your employers Ability to Pay reason mostly???
Click to expand...

You will think this is even more weird whan I tell you this:
> LC requires 4 year degree in math, science, engineering ... etc.
> I have 4 year Engineering degree.
> I was using my own LC, not a substitution etc.
> Same Lawyer applied my LC and I-140.
BTW, I also have 12 years of experience in my field.

Basically my lawyer had already given up on my case even before he applied 140. He applied my 140 and 485 just to get his second intallment of fee. The reason for denial on education was that he didn't submit a transcript of my degree. I think it is required as I have a foreign degeee and not from US.

Anyway, I have submitted my MTR and I also included education evaluation. Lets see what happens.
 
Hi Dazzling

You had mentioned that there was a LUD change on 10/1 for both I140 and I485.

Can u tell me whether there was a message change also for both. If so what was the message?

Becasue my case had LUD change on I140 and I1485 on 11/4 with no message change.

I am really concerned why my I140 LUD changed becasue it was already approved on Mar 2004.

thank u in advance
 
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Eric, thanks for the reply,

what type guys man there attorneys, they just dont feel even for a minute about us, so did you go to the same guy for filing MTR???
 
rsannu2k said:
Eric, thanks for the reply,

what type guys man there attorneys, they just dont feel even for a minute about us, so did you go to the same guy for filing MTR???
Click to expand...

No, I filed it myself, with a lot of help from user UNITEDNATIONS in all the aspects of my MTR. He suggested us on how to amend the tax returns and what to write in the letter etc. See this thread for more info about this user:
http://www.immigrationportal.com/showthread.php?t=137088
 
EricS that was very good information, unitednation's post is worth appreciated.

All the best to you too!!!
RS
 
HaveMercy said:
You had mentioned that there was a LUD change on 10/1 for both I140 and I485.

Can u tell me whether there was a message change also for both. If so what was the message?

Becasue my case had LUD change on I140 and I1485 on 11/4 with no message change.

I am really concerned why my I140 LUD changed becasue it was already approved on Mar 2004.

thank u in advance
Click to expand...
No there was no message change. sometimes when they are doing 485 they go back and look at 140 (and this is the reason USCIS introduced concurrent processing so that they save time). So the LUD may have changed on 140. You should not worry too much about this.
 
But

The reason i am concerned is because my old employer sent a revoking letter for approved I140, and i also sent Ac21 letter after changing employer. So i am little worried whether LUD changed due to my AC21 letter or due to my old Employer I140 revoking letter
 
HaveMercy said:
The reason i am concerned is because my old employer sent a revoking letter for approved I140, and i also sent Ac21 letter after changing employer. So i am little worried whether LUD changed due to my AC21 letter or due to my old Employer I140 revoking letter
Click to expand...
If the employer has sent a letter of revocation, then USCIS will send you a NOID (Notice of Intent to Deny). You will need to reply to that NOID with your AC-21 letter. They usually do not deny approved cases without sending you a NOID. I dont think you should be worried too much. The only thing it can do is, delay your case a little bit because of NOID being issued and then you taking some time to reply to that etc. Other then that, as long as you have changed your job in the same category as your GC and have changed it after 140 approval and 485 being pending for more then 180 calendar days, you should be good.
 
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