MTR Status

pras01 said:
Once your file arrives in Newark, you can go there and get your EAD renewed. Check for the interview back-log in Newark. If it is a couple of months, then it may not be too bad. It is also easier for you to go and get an emergency AP. Besides, they can not deny your case without calling you in for an interview. You should be OK. Good luck. My case is stuck in Boston that has a 1 year long waiting for interview. By the way, I was told that at the local office , the line for interview starts from the day they receive the actual A# file.

How do I check the interview backlog? I have already applied for EAD at VSC. Will they transfer it as well? My current EAD expires on 7/10/2005. My receipt date for the EAD I applied is 4/13/2005.

Can I go to Local office in Newark before 7/10/2005 to get a renewal EAD? Where do I have to apply my AP now?
 
Ead/ap

desiladka said:
How do I check the interview backlog? I have already applied for EAD at VSC. Will they transfer it as well? My current EAD expires on 7/10/2005. My receipt date for the EAD I applied is 4/13/2005.

Can I go to Local office in Newark before 7/10/2005 to get a renewal EAD? Where do I have to apply my AP now?
Go to the "VSC local transfer -Newark thread" and read comments for the last few months- you will get an idea how long people are waiting before their interview at Newark. Take an InfoPass appointment before 7/10/05 (1 or 2 weeks before) and go and ask them about renewing your EAD. Your A file would have arrived by then, if not, they will track it down for you. Your EAD application should be in your A file (mine was in Cleveland). If not, they will track it down in their system and call you back to give you the EAD. For AP, you can apply for one right there when you go for your InfoPass. Visit the Newark district office website and follow the procedure. I applied mine in Boston, they took &165 in money-order which was available within the building. Photographic facilities were also available within the building at Boston. Newark may be similar. If you visit the newark transfer thread and email some of the people who have been there, you will know more of the details. I also realized that an emergency AP (illness/death in family) can be had by the end of the same day at the local office if proof of emergency is provided. However, since I plan to travel abroad for business and vacations, I always get my AP renewed in time. If you send your AP to VSC, they will forward it to Newark because your A file is there. My lawyer said the best thing was to send AP to VSC, that way they will have to enter it into their system and give me a receipt notice before they start screwing it up (in my case they sent it to Cleveland). Please see details of my file transfer saga at http://www.rupnet.net/immigration/posts/reply.asp?id=4983
 
My MTR has been denied

No good reasons. the denial notice is short, says MTR doesnt meet the criteria: like new evidence or wrong application of law based on existing record.
It seems like even they recognize that record is incorrect, it is none of their business. Idiots.
 
Akatu,

Very sorry to hear this. Please discuss your options with your attorney. DO NOT give up. Fight till the end. I will keep you in my prayers. I think your case will be transferred to the federal court, but I do not have details about all that. Please don't give up on this. We are all here in this country with dreams and let not anything come in our way. I know how you must be feeling right now, but it's not time to be sad. It's time to fight.

Let me know if I can be any help at all for you.

Take care of yourself during this time.

Regards.


akatu said:
No good reasons. the denial notice is short, says MTR doesnt meet the criteria: like new evidence or wrong application of law based on existing record.
It seems like even they recognize that record is incorrect, it is none of their business. Idiots.
 
akatu said:
No good reasons. the denial notice is short, says MTR doesnt meet the criteria: like new evidence or wrong application of law based on existing record.
It seems like even they recognize that record is incorrect, it is none of their business. Idiots.


Can you also tell me what was your original reason for denial? What were the documets sent in MTR?
 
The original reason for denial

Failure to maintain status continuously.
They have on their record that I was on B1 status from 4/99 to 12/99 (B1 extensiontill 12/99 was approved on 7/15/00) and on J1 status since 6/25/00
(COS granted in 9/00).
In reply to NOID I submitted letter from the university admitting their falt in delay of issue IAP66 timely. The response was that even they "regrete" about university failure but cannot excuse this error.
In MRT attorney agued denial based on Pearson memo which provide guidence to consider (in case of approved COS ) that validity of status rolls all the way back to last date of previous status. Also law does not require to " excuse" technical error, it just provides a relief from inadmissability in case when such an error admitted by an institution/person...
So MTR meets criteria:that was wrong application of the LAW.
The did not respond meaningfuly at all, just denied MTR.
 
Akatu:

Sorry to hear that. Hope you will be able to figure out a way to have it fixed. Is it possible to pay $1000 fine for it ?

Did you receive Email or MTR denial notice via post office ? Thanks,

Good luck.
 
MTR denial notice came through mail

No message change . Notice dat 5/26, LUD changed once on 5/27 both on MTR and I-485.
This is unbearable to see such unjustice on my behalf.
First of all the alleged gap is 191 days (not "Well beyond 180 days).
Second, IAP-66 was issued on 6/02/00, but requested start of job was marked (without any specific reasons, i was already working without pay) as
6/25. COS was approved. It means no anlawful preseance acrued. What else do they need/
Third: There is statute of law" unless violation was technical ...with no fault of an applicant". I sent the letter from the university. What else they need?
Officer just hate me for some reason...
 
Dear Akatu,

I am so very sorry for what you are going through. I know exactly how it feels. It is extremely unfair. If there was any breaking of law how did they issue all the subsequent visas ? They do it deliberately so people will keep working and paying all sorts of taxes without any unemployment, social security, medical benefits. And they will trap us when we ask for the GC.

As a strategy, instead of saying there was no illegal/out-of-status stay, can you just bring it down to less than 180 days ?

Are you sure you have the best lawyer ? Or do you want to ask around and see if you can find someone who has dealt with such out-of-status cases ? May be you can also post a query here, and ask people to respond to you privately about good lawyers.

Good luck, you are in my prayers.
 
Thank you for compassion

My current lawer is OK. and I cannot think of anything else that was not done to correct my situation. One extra argument in my favor that IAP-66 issue date was 2 weeks before 180 days kicked in, but for some stupid reason an officer in international student office put requested start of status in 3 weeks.
But all these should be reserved for the court. I think there is no more appeals in my case since MTR denied.
 
akatu said:
My current lawer is OK. and I cannot think of anything else that was not done to correct my situation. One extra argument in my favor that IAP-66 issue date was 2 weeks before 180 days kicked in, but for some stupid reason an officer in international student office put requested start of status in 3 weeks.
But all these should be reserved for the court. I think there is no more appeals in my case since MTR denied.

Are you saying that now your case will be automatically transferred to the court? OR you have have to file a new case?

What will be your status in the meantime? Do you have current EAD/AP? Are they valid? Can you renew them while the court process?
 
MTR I-485 any comments

Here are my case details: -
PD 06/03
I-485 RD:- 10/04
I 140 AP Date:- 07/04
H1 expire on 02/05 (6 year term no gaps)
EAD 1st from 01/05 to 01/06
EAD 2nd from 10/05 to 10/06

RFE to I-485 saying that show employment authorization from 02/05 to till date on 05/06 responds to it with 2nd EAD and approval of first ead (don't why not submit first ead copy..by attorney)..

I-485 denied on 07/19/06 saying that records shows that I was involved in unauthorized work for more than 180 days...from 02/05 to 10/05...they don't have record of my first EAD...which valid from 1/05 to 1/06...

We didn't receive denial notice but we come to know about it when we apply for 3rd ead extension, which got denied saying underline petition, got denied then we ask for reason and we got denial notice on 9/13...

We submit MTR on 09/26...NSC got it on 09/28....

Attorney says that as they denied 485 and this is error at their part so don't worry. keep on working

I am really worried don't know what to do, when this MTR will get approve and when they reopen the 485 case and when they issue my new EAD.but still counter of 6 month started on 7/19/06 as they denied 485 and underlying EAD. If in worst case USCIS not approve my MTR or not open 485...
Then what to do....
Could you guys suggest me some thing....
How to expedite this process or I need to go back.... to my country. as I can't refile I-485 again to take benefit as PD is not current..
 
Medical/SS taxed after case denied

Hi All,

Everyone knows when starting working with H-1, we have to pay Medical and Social Security Taxes, which is for future benefit once you become a citizen. But if it fails to get Green Card and leave USA, we get nothing after paid these taxes for so many years. It’s unfair for this kind of persons. Is my understanding correct? If this is true, why we can’t get all money back when leaving USA?

Why we don’t look into this issue and complain to Dept of State? It may put pressure to USCIS: consider a consequence when denying a case.
 
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