MTR or Appeal - kinda urgent

S

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
 
If you file MTR with appeal then you are requesting following two steps:
1. Your I-140 goes to the same adjudicator who denied your I-140 for the approval. This step is known as MTR (Motion To Reopen). If he approves then you will get your decision in short time.
2. If he denies then your application will automatically go to AAO for appeal, which takes about 12 to 15 months for decision.

If you file just MTR then you are requesting only the above 1st step. If he denies again then you have an opportunity to file for an appeal.

Generally, people file MTR with appeal so that they don't have to file appeal separately. The only advantage for filing MTR and appeal separately is if your MTR gets denied then you have one more chance to add few more documents before you file an appeal where in case MTR with appeal it automatically goes to AAO with out giving you a chance to add any more documents. So MTR with appeal and just MTR take the same amount of time for the 1st step. My suggestion is to file MTR with appeal if you are not planning to add any more documents in case your MTR gets denied.




sonupv said:
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
Click to expand...
 
dsugandhi,

That was really helpful. Next big task is to make my lawyer agree to do an MTR with an appeal. I do have several documents and arguments to make with this MTR but won't have anything else to add after this.

So I guess MTR with an appeal is my best bet.

If anyone has anything else to add to this, please do that.

Thanks
Sonu
 
sonupv said:
dsugandhi,

That was really helpful. Next big task is to make my lawyer agree to do an MTR with an appeal. I do have several documents and arguments to make with this MTR but won't have anything else to add after this.

So I guess MTR with an appeal is my best bet.

If anyone has anything else to add to this, please do that.

Thanks
Sonu
Click to expand...

I think your attorney is trying to file as MTR with appeal. I don't think you can file directly an appeal without MTR.
 
No, I'm pretty sure he told me that he is filing just an appeal. I'm mean I tried to ask him why he won't file an MTR and he said that filing an MTR is useless. In his words MTR has no chances of approval.

And also he says that an appeal has the same effect as an MTR, as an appeal goes back to the same office who issued a denial and the office looks at the appeal and if he still doesn't want to approve it, he sends that to the appeal office.

But several others have told me what you told. That MTR makes sense if you are sending new evidence. An appeal doesn't obligate the office to look at the new evidence but an MTR (probably) does.

And it is going to be hell of a job to convince the lawyer to file an MTR or an MTR with an appeal.

Now, I don't know who is right, but even if there is slight chance of getting an answer faster with an MTR, I would go with that.
 
Last edited by a moderator:
Now I know a little better. He is filing the form 290 B, which probably in effect mean an MTR (same officer would look at the new evidence) with an appeal (if he she doesn't like it would send it to the appeals office).

Thanks
Sonu
 
i am in the same boat but i have a diifernt reason for I-140 reject. We have files MTR . but no result yet. its already 60 days.
 
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