MTR or Appeal - kinda urgent

sonupv

Registered Users (C)
Hi Everybody,

My I 485 got denied recently due to an "Ability to pay" denial on I 140. In short, if you want an insight into how immigration officers can totally abuse their powers, feel free to contact me.

But now I have to file an appeal/MTR for the 140 and 485 and I need advice on that. "My goal is to get the fastest answer, yes or no", whatever it would.

My lawyer says that he would file an MTR for I 485 and an appeal for I 140. Now I heard or read somewhere that an MTR for I 140 "could" result in a faster decision for I 140.

But the lawyer says that it is totally absurd to file an MTR for I 140 as it never gets approved and filing an appeal is the same as filing an MTR as the supervising officer at USCIS would look at the case and if he buys the new arguments would approve it there or else send it to the appeals office where is is stuck for 12-14 months atleast.

So I would appreciate any opinions on what my lawyer is saying here.

If MTR for I 140 gives even a little bit more hope of a faster approval then I would want to go with that. Otherwise I may chose to even abandon the whole thing as I'm sick of it.

Also if the I 140 application goes to the appeals office, what would the status be of the I 485 application and the EAD and AP that were issued to me. I haven't used the EAD and am on H1B status.

Thanks in advance for your help.

Sonu
 
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