Tracker for appeals/MTR

gcstruggler said:
I am new to this forum. My I140 got denied recently 3/31/2005 for education reasons.
- I have 2 degrees B.Sc Math (3 year) and B.Tech Electronics ( 3 years).
- Labor ETA750 says BS Science or Engineering or Technology or
Electronics. ( Equivalent is not mentioned)
- The orginal evaluation evaluated B.Sc + B.Tech = B.S electronics and Mathematics.
- INS denied for 2 reasons
(I) I don't have B.S
(II) I don't have B.S equivalent since we cannot combine 2 smaller
degrees to evaluate to a bigger degree.
- Filed MTR(Appeal) 4/25/2005 with another avaluation done from different evaluator (Turstforte)
- The new evaluation says B.Tech Electronics = B.S Electronics

The questions that I have
1) What arethe chances that the case will be approved?
2) How long do you think it will take for them to take a decision on this case?

Any suggestions and help is greatly appreciated.


Thanks.
gcstruggler
I140 RD-11/24/2003 (NSC)
Denail date- 03/31/2005
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Hi GCStruggler,
Any update on your case? Please let us know. I too got the RFE on education with 3 year engg degree.
Thanks
KK
 
Not yet. But a similar case got transfered to AAO. So I think mine will also get transfered to AAO. I will definetly post here if the status changes.

Thanks.
 
gcstruggler said:
Not yet. But a similar case got transfered to AAO. So I think mine will also get transfered to AAO. I will definetly post here if the status changes.

Thanks.
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HI GC,
Did you get any RFE before denial? If there is a RFE when you got that? Could you please let me know the RFE details? Also once you have replied when is your 140 got denied. What I am trying to do is to compare the RFE with mine and see where it will end up. If you have the same rfe like mine then I think mine will also get denied. Please respond to this post.
Thanks
KK
 
Last edited by a moderator:
For me there was no RFE. They denied it straight away. But I know psam123 had RFE and you can follow up with him.

Thanks.
 
Transferred to AAO

Here is a status update on my I290B. On June 1,2005 my case was transferred to AAO for review.

Thanks.
gcstruggler
 
gcstruggler said:
Here is a status update on my I290B. On June 1,2005 my case was transferred to AAO for review.

Thanks.
gcstruggler
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Hi GC,
What does that mean? Transferred to AAO is it good or bad? Where was your file before that? In NSC?
Thanks
KK
 
Transferred to AAO

It is kind of Bad, in the sense they(NSC) didn't approve my I140 on reviewing my appeal.
Now it means I have to wait couple of years to have my case touched my AAO.
I will most probably file new I140 on the same labor. I will let you guys know the status as soon as I know.

Thanks.

kriskish said:
Hi GC,
What does that mean? Transferred to AAO is it good or bad? Where was your file before that? In NSC?
Thanks
KK
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hi,
I am a new entry here.
VSC
LC approved feb2004
I140 AND 485 APPLIED MAR2004
ead MAY2004
I140 and 485 denied apr2005
MTR/appeal may2005
I140 denied due to evaluation mix up of 4yr eng +iyr diploma =BS here.
290a message says;application was received and taking 30-180 days.....
no change on I 140 even after denial.Please update ur views about the case and what r the chances
 
Gcstruggler,
I am in the same boat as you are. My 140 got transferred to AAO in dec 2004. A few days back I learnt that I can refile for I140 based on the old labor (thanks to UN). But my lawyer is saying that she needs to "present my case differently" in order to refile I140. And she is not sure if my old 140 will be revoked or not. My 140 got denied based on education (3 yrs BS degree).
Could you please tell me your lawyers opinion on this? What measures is she taking to make sure that the case is approved this time?
 
hi guys,
Can we file new i140 based on the same old labor since my case is in MTR /appeal.As a back up can we refile is yes that will give some hope.
please reply.
 
I was told by several experienced people and by my lawyer that we can refile a new 140 based on the same old labor. I also know some people who have done it. The advantage I believe in doing this is
1) I think the 140 processing time is faster compared with the AAO processing time
2) They will only consider the new evidence that we submit and not the old evidence.

As soon as I file the new 140, I will let you all know.

Thanks.
sp05 said:
hi guys,
Can we file new i140 based on the same old labor since my case is in MTR /appeal.As a back up can we refile is yes that will give some hope.
please reply.
Click to expand...
 
thank you gcstruggler for the fast reply.My MTR/appeal is still in the service center as no updates have noted.It was filed on may 2,2005.so still have time and hope since it was a mix up and i have 4yr degree.But good to hear that we can file i140 again.
 
gcstruggler said:
It is kind of Bad, in the sense they(NSC) didn't approve my I140 on reviewing my appeal.
Now it means I have to wait couple of years to have my case touched my AAO.
I will most probably file new I140 on the same labor. I will let you guys know the status as soon as I know.

Thanks.
Click to expand...
Hi GC,
Sorry to hear that. Even after your 3 year engineering degree is re-evaluated they transferred to AAO? I did re-evaluate my 3 engineering degree and we are sending the documents today. I still feel I dont have chances.
Thanks
KK
 
Don't worry. I think you have a great chance of getting approved if the evaluation is done correctly. In my case the first evaluation was done wrong, and they ignored my second evaluation based on that.
But still I have a great hope that my case will be approved eventually.
Good Luck for your 140.
Thanks.

kriskish said:
Hi GC,
Sorry to hear that. Even after your 3 year engineering degree is re-evaluated they transferred to AAO? I did re-evaluate my 3 engineering degree and we are sending the documents today. I still feel I dont have chances.
Thanks
KK
Click to expand...
 
My case went to AAO office

Bad news My case went to AAo office,
Was just going through the threads , can my wife filw for the same 140 ,when that is in appeal state , or should I only refile 140 .

Really getting so frustuated ,that I am losing my senses.
again alonf wait ,the difficult part is that the lawyer says that we will get reponse from AAO in another 4 months, so difficult to convince him

any suggestions please help
 
jaisingh said:
Bad news My case went to AAo office,
Was just going through the threads , can my wife filw for the same 140 ,when that is in appeal state , or should I only refile 140 .

Really getting so frustuated ,that I am losing my senses.
again alonf wait ,the difficult part is that the lawyer says that we will get reponse from AAO in another 4 months, so difficult to convince him

any suggestions please help
Click to expand...
Hi Jai,
Could you please give us the details about your case or do you have any other thread explaining the details?
Thanks
KK
 
kriskish said:
Hi Jai,
Could you please give us the details about your case or do you have any other thread explaining the details?
Thanks
KK
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EDU issue
recipt date was April 28th,2005. Mine was denied based on the fact that Civil engg cannot be substituted for an computer science ,thought the equivalent is mentioned in labor
 
hi guys,
Any one had a reply to MTR/APPEAL filed in may first week from VSC.Please reply.is it too early to expect any LUD .Can anyone please tell how long can u wait to see any decision on MTR/appeal.thank u in advance
 
sp05 said:
hi guys,
Any one had a reply to MTR/APPEAL filed in may first week from VSC.Please reply.is it too early to expect any LUD .Can anyone please tell how long can u wait to see any decision on MTR/appeal.thank u in advance
Click to expand...
 
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