Tracker for appeals/MTR

Well I won't give up on this just because AAU have a small rate of approving cases. But if there is a possibility of processing another Labor through another company, it is always nice to keep that open and keep the current appeal process as plan B. As we can't say what is going to happen in the next one hour it is not advisable to make assumptions based on the history of AAU. If you think your case is convincing then don't give up hope.
 
any two 290B LUD change approvals?

Hi,
I am sorry to know about Vicky's 290B going to AAU.
The way in which Member77 and Vicky's 290Bs are gone to AAU, I think my 290B is just waiting for going to AAU.

Is there any one heard of 290B approvals after having 2 LUD changes for 290B?

Thanks,
 
Is this a first step towards 'Denial'

Sorry! if you think this post is off subject and also sorry! for jumping in mid of serious and ongoing conversations. Please help me with you valuable inputs, which I have so far been unable to secure in other forums.

Early last week My I-140 status changed to look like this.....

'On <Date>, we mailed you a notice that we certified our approval of this case and sent it to the appellate body for review. The notice explains in detail the basis for this proposed action.'

While I am still waiting for the Notice and will know about that finally, few questions, that I so much want to have answered are :-

a. Is this a first step towards a denial?

b. What could be the basis for this action? Confused since on one hand it says 'Certified our approval' and on the other hand it sends for review.

c. What action officer might be proposing to the appellate body? Can it nullify the 'Approval'

My Background:-

Regular labor, EB3, 80+ employees, comfortable profit (I do not have a figure, but must be >200,000), Education equivalence to MS(Comp Sc.), No RFE/Denial in any of the application, salary more than that in labor.

Thanks!
 
Last edited by a moderator:
Legally_Alien said:
Sorry! if you think this post is off subject and also sorry! for jumping in mid of serious and ongoing conversations. Please help me with you valuable inputs, which I have so far been unable to secure in other forums.

Early last week My I-140 status changed to look like this.....

'On <Date>, we mailed you a notice that we certified our approval of this case and sent it to the appellate body for review. The notice explains in detail the basis for this proposed action.'

While I am still waiting for the Notice and will know about that finally, few questions, that I so much want to have answered are :-

a. Is this a first step towards a denial?

b. What could be the basis for this action? Confused since on one hand it says 'Certified our approval' and on the other hand it sends for review.

c. What action officer might be proposing to the appellate body? Can it nullify the 'Approval'

My Background:-

Regular labor, EB3, 80+ employees, comfortable profit (I do not have a figure, but must be >200,000), Education equivalence to MS(Comp Sc.), No RFE/Denial in any of the application, salary more than that in labor.

Thanks!
Click to expand...

Did you call CIS? I would speak with customer service. Think your case is probably approved.

I am not a lawyer
 
Possibility

Unitednations

My appeal details below.
The LUD changed only on 290B. Not changed for i140.

Could you suggest what might be happening because its more than 80 days now?
 
unitednations said:
It doesn't look like its been sent to the AAO yet. Looks like it is still with the service center which is good news. Did you try to do a case satus referral on the 290b. Once it has been filed if it hasn't moved to AAO within 60 days you can do a case status referral.
Click to expand...


Yes, I did initiate a query on 9/8/04. No info yet
 
Any 140 approvals after 2 lud changes

Shaisha and UnitedNations!

Have you heard any i-140 approvals after having 2 lud changes for i-290b!
Thanks,
 
VSC has been horrible with MTR for I-140's ability to pay issues. These head-strong officers just go by numbers and don't change their attitude to overturn initial denial.

One interesting observation is most of the target denials on Small companies which showed losses in past.

I agree with Vicky to abandon pursuation with AAU since nobody analyses financial stmts and fair chances rejecting back with cut/paste wordings.

Thing is to OVERTURN initial USCIS decision, AAU folks should work more and write convincing letter to overturn uscis decision by giving citations. I guess, even our paid attorney won't spare that time/energy.
 
probably someone is waiting for formalities in UCIS to send my case to AAU

Lohit,
Thanks for your response.

Thing is that after staying with the client (all the times), I have paid nearly $7,000 for GC purposes alone (apart from $2000 for H1) because I need to bear the expenses as per initial understanding.
It is true that my employer is showing losses for his company. And he(president) himself is drawing nearly $20,000 per annum as per IRS returns. I have noticed that he (my company president) has some unproductive people in his company. That means whatever money he is making he is paying as salaries to these unproductive people. These unproductive people must be his relatives.

When I made an appeal of 290b, my company showed liquid assets as a strong basis to pay the salaries of it's employees. I think this will not work.

Once I told him to not to pay salaries to unproductive staff. As a result of paying salaries to unproductive staff, consultants who are at the clients site and having GC process are suffering now.
 
Last update was on all my applications meaning I-140 , 485's for both mine and my wife.

According to my attorney
The MTR was filed directly with the Service Center. We asked for alternative relief so if they do not want to grant the MTR they will kick it to AAO.
Since it is a motion to reopen or Reconsider, it is form I-290A we dont have any EAC number for that.
 
waiting MTR opened

I140/485, EB2/TSC, RD 7/30/03
Denied 8/20/04 (LC was EB3)

MTR RD 9/17/04, LUD 9/21/04
I290B RD 9/27/04, LUD 9/28/04

I140 LUD 8/23/04

Wish the best of luck to you all on this board !
 
details for denial

FreeWill,
What is the reason for denial of 140! Please give some details about your case!
Thanks,
 
sarwarmd said:
FreeWill,
What is the reason for denial of 140! Please give some details about your case!
Thanks,
Click to expand...

My petition was denied because my attorney filed EB2 with a LC requiring a bach. degree.

I am going to file again with EB3 now :mad: :mad:
 
How do i request a case status referal?

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

On June 15, 2004, your I290B NOTICE OF APPEAL TO THE COMMISSIONER was
received here for processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as
processing is complete.


Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

On June 15, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was
received here for processing. It is taking between 30 and 60 days for us to
process this kind of case. We will mail you a decision as soon as processing is complete.


My application was denied due to company's ability to pay. The following
are the messages for current status. Does this message means my case is
already transfered to AAO or is it still in INS and also i want to request :confused: :confused: :confused: a case status referal, can anyone please tell me how to do that. Thanks
 
peterb said:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

On June 15, 2004, your I290B NOTICE OF APPEAL TO THE COMMISSIONER was
received here for processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as
processing is complete.


Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

On June 15, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was
received here for processing. It is taking between 30 and 60 days for us to
process this kind of case. We will mail you a decision as soon as processing is complete.


My application was denied due to company's ability to pay. The following
are the messages for current status. Does this message means my case is
already transfered to AAO or is it still in INS and also i want to request :confused: :confused: :confused: a case status referal, can anyone please tell me how to do that. Thanks
Click to expand...

Please give more details like date of denial, i290B receipt date etc..
 
shaisha2 said:
Please give more details like date of denial, i290B receipt date etc..
Click to expand...

Denial date ------ March 24th,2004
I290B Receipt ---- May 25th,2004 and then date changed to June 15th.
 
shaisha,

Could you please post some detail about why your 140 is denied? is it becuase 3 year degree? Thanks a lot.
 
peterb said:
Denial date ------ March 24th,2004
I290B Receipt ---- May 25th,2004 and then date changed to June 15th.
Click to expand...

In my opinion, case may be sent to AAO on June 15,
I would call customer service in USCIS and speak with a representative, he/she might explain the current status. At the same time caller can initiate a referral

Please post the details once this is in place.
 
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