My Green Card Story

S

sanz72

Registered Users (C)
*Applied for my first Labor through Company A in December 1998
*Labor got approved in 2001 march, Filed my I-140 in April.
*Laid Off from the job in July 2001.

* Took job offer with Company B (and a 25K Pay Cut) in July 2001.
* Filed my Labor through Company B in December 2001
* Labor Approved in Feb 2002
* Filed I-140 in March 2002
* I-140 Approved in May 2002
* Filed 485 in June 2002
* Used AC-21 to Join the Client with B's permission in July 2003
* Company B withdrew the the I-140 in December 2004
* I-485 Denied in December 2004
* MTR (I-290A) filed in Jan 2005
* MTR denied in May 2005
* EAD Renewal Denied in May 2005
* MTR approved and Opened in Aug 2005
* EAD Renewed in Aug 2005
* I-485 Approved in Jun 2007
* I-551 Stamped in July
* Card Received in December 2007.
 
Wow, what a long and difficult journey.

On what basis did they deny the MTR? The I-485 denial looks like an obvious mistake of somebody ignoring the AC21 rule. Upon filing the MTR, USCIS should have easily recognized the mistake but they didn't. How did you go about reopening the closed MTR?
 
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congratulations on your newly acquired PR status of this country.

I am curious to know what documentations did you maintain to retain your 98 pd based on approved I140?
 
Jackolantern said:
On what basis did they deny the MTR? The I-485 denial looks like an obvious mistake of somebody ignoring the AC21 rule. Upon filing the MTR, USCIS should have easily recognized the mistake but they didn't. How did you go about reopening the closed MTR?
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You are absolutely correct about I-485 denial. The USCIS officer ignored the AC-21 rule and denied the petition . USCIS accepted that it was an error on their part.

As for the Re-opening of the Closed MTR, I didn't do anything special. My lawyers called the USCIS, and pointed the gross error on their part and the hardship their mistake had caused me and my family. They told the USCIS that all I was looking for was a final decision, 'Yay' or 'Nay' and based on that final decision I will stay/leave in US.
 
sanz72 said:
You are absolutely correct about I-485 denial. The USCIS officer ignored the AC-21 rule and denied the petition . USCIS accepted that it was an error on their part.
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An error they made twice, once with the I-485 denial and again with the MTR denial. What buffoons.
 
Jackolantern said:
An error they made twice, once with the I-485 denial and again with the MTR denial. What buffoons.
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Indeed. Because of their Ignorance/Error, I was jobless for close to two months.

I forgot to mention that I had to take my biometrics SIX times between 2002-2007. Out of which 3 were taken since june 2007 after my 485 approval.
 
I went through your details again; layoff from the first employer probably occurred even before i140 approval. Hence, you could not retain 98 pd.

Assuming i140 had been approved, pd could have been retained.
sanz72 said:
I didn't. retain the 98 PD. I started the whole process all over again.
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tusharvk said:
I went through your details again; layoff from the first employer probably occurred even before i140 approval. Hence, you could not retain 98 pd.

Assuming i140 had been approved, pd could have been retained.
Click to expand...

I-140 was approved. Obviously I was not educated enough on the immigration process nor did I tell me new employer about it.
 
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