Tracker for appeals/MTR

Here are my thoughts-

1. I confirmed with the lawyers that you can file H1b for the subsequent year based on the pending appeal. Again, I would ask you to run this by your attorney as well.
You can get extension for your H1 based on appeals notice. I have been doing this for past 2 years.

2. Can you not refile the 140 while the appeal is already pending. What is the difference between filing it after the decision is let known on the appeal Vs. filing it when the appeal is pending?
You can do this. I took the decision very late but I think once should refile as early as possible.

3. When the appeal is pending and ones priority date becomes current, can the person file for 485 with a pending 140 appeal?
Not 100% sure about this but I think one should be able to file 485 once the dates are current.
 
Hello Marooti

Thanks for the replies. Just quick question.

I see your 140 was denied in April 2006 by AAO. Is it the old 140 that was on appeal, that was denied?
If thats the case, what happens to ones new 140 on the same labor that was filed during the time when the appeal is pending. I was told the decision is given on both the 140s (the one on appeal and the one that was refiled) around the same time.

Thanks.
 
Hello Marooti, thanks for the info. In your case as you mentioned below...

2. Can you not refile the 140 while the appeal is already pending. What is the difference between filing it after the decision is let known on the appeal Vs. filing it when the appeal is pending?
You can do this. I took the decision very late but I think once should refile as early as possible.

I believe they dont give a decision on the refiled 140 until a decision from appeals office is known. Will they start processing your refiled 140 only now?

Thanks
 
Yes, its the old I140 that was denied after approx. 15 months after it went to AAO. For the refiled I140 I am still awaiting the results that was filed in 1st week of April.
To my knowledege, the 2 I140s are separate cases. I am not sure internally if they look at the old case filed on the same labor but all I know is that there are some members who have had success after refiling I 140 with different evaluations especially the one from thedegreepeople . com
I am just praying that my refiled case gets thru which will allow me to tie back to I485.
bostonian_27 said:
Hello Marooti

Thanks for the replies. Just quick question.

I see your 140 was denied in April 2006 by AAO. Is it the old 140 that was on appeal, that was denied?
If thats the case, what happens to ones new 140 on the same labor that was filed during the time when the appeal is pending. I was told the decision is given on both the 140s (the one on appeal and the one that was refiled) around the same time.

Thanks.
Click to expand...
 
marooti said:
Yes, its the old I140 that was denied after approx. 15 months after it went to AAO. For the refiled I140 I am still awaiting the results that was filed in 1st week of April.
To my knowledege, the 2 I140s are separate cases. I am not sure internally if they look at the old case filed on the same labor but all I know is that there are some members who have had success after refiling I 140 with different evaluations especially the one from thedegreepeople . com
I am just praying that my refiled case gets thru which will allow me to tie back to I485.
Click to expand...
This is what I was told/heard. One can file a new 140 on the same labor when the appeal is pending in the AAO. You should mention that another 140 is filed(even when pending in AAO) on the persons name when they file the new 140 on the same labor. I heard the USCIS doesnt give a decision on the new 140 until the AAO gives a decision on the pending appeal. Correct?

Thanks
 
bostonian_27 said:
This is what I was told/heard. One can file a new 140 on the same labor when the appeal is pending in the AAO. You should mention that another 140 is filed(even when pending in AAO) on the persons name when they file the new 140 on the same labor. I heard the USCIS doesnt give a decision on the new 140 until the AAO gives a decision on the pending appeal. Correct?

Thanks
Click to expand...
Hi Marooti

Should you have to wait for your 140 decision on the new case to tie it to the 485 that was filed already?
 
My 140 and 290B LUD has changed since Friday. I saw the date is showing 07/08/2006 but the status message is still the same for both. I was so surprised to see that they are working on my case.
 
>>saw the date is showing 07/08/2006 but the status message is still the same >>for both. I was so surprised to see that they are working on my case.

Exact same thing has happened for my I 140 appeal case too. The message hasn't changed at all but the date changed on 07/08/2006.

Don't know if they actually looked at the case or what happened. Could be just a database update by IT.
 
sonupv said:
>>saw the date is showing 07/08/2006 but the status message is still the same >>for both. I was so surprised to see that they are working on my case.

Exact same thing has happened for my I 140 appeal case too. The message hasn't changed at all but the date changed on 07/08/2006.

Don't know if they actually looked at the case or what happened. Could be just a database update by IT.
Click to expand...

The same here. Let's pray...
 
Same here, my 140&290B LUD has been changed to 07/08 and no change in message, hope they allocated our cases for next week processing.
 
Bostonian,
Sorry for the delayed reply on this.
According to my lawyer, we can tie the case back to existing 485 after a decision is made on refiled I140.


bostonian_27 said:
Hi Marooti

Should you have to wait for your 140 decision on the new case to tie it to the 485 that was filed already?
Click to expand...
 
LUD on my 290B

I had a LUD on my 290B, 140 at AAO, the new I140( on the same labor) at INS Nebraska. All on the same date 7/8/2006 and no status change.

Is it a good sign or bad?? Let me know your thoughts.

Thanks.
 
My LUD too changed on 7/8/06

Please let me know if you get any update...
There is no change of message in the receipt date.
 
LUD changed

My 140 and 290B LUD also changed on same date (7/8/2006)
Let's us hope for the best

-psam
 
LUD Changed

My LUD also changed on last Sunday without change in any message. We called AAO and they told us that my case is still pending. As per them, EB3 cases are taking around 17 months to get the decision.

It looks like that it was just some data base issue at NSC.
 
My I-290B MTR/appeal(3 years edu. issue) has no status change since the date of filing (10/20/05) and my employer is not willing to do a backup gc using perm and exploiting me to the nth degree.

I am thinking about one of the 2 following options

1. Give up and go back home(Of course, India is doing good)
2. Transfer H1 to a different company and start a new Perm application

I would like some opinions/answers for few questions from fellow members whether the second option is worth it, based on my following situation

I am on my H1 9th year expires on Mar 07. Now another employer is agreeing to file a H1 transfer and a new Perm application.

a. Will I have problem transfering the H1 for the remaining 8 months on my 9th year H1

b. assuming I am able to transfer the H1 to the new employer, what are the options to extend my stay beyond mar 07. (I think if I get Perm approval and subsequent 140 approval, I can extend for 3 years).

Please post your opinions/suggestion
 
gc_mar_2004

Sorry to see in this position. First of all stop worrying !. He can exploit you only if you allow him to do so. Your second option will just work fine. That's what I would do !

To me, going back to India, why do it if you don't have any compelling reasons such as taking care of your parents etc...otherwise, I would stay here.

First, make sure the new employer is not another "exploiter" and then switch. Regarding the H1 extn, you are right. Both your PERM labor and I-140 must be approved in your case. 3 yr extn is the only option you have at this point. You won't be eligible for 1 yr extn when the current H1 expires because it won't be 365 days since you filed your new labor.

Hope this helps and I wish you good luck. Get out of that company first !
 
Apply PERM with New Employer and few days later apply H1 Transfer in premium. Then JOIN new employer after H1b approval.

H1 transfer you will get for one year on Pending labor/140(It NOT till 03/07).

GOOD scenario: As you said if you get Labor /140 approval then you can entertain 3 Y H1 extensions

BAD scenario: you can get at least one year extension based on PERM labor.

if you have question..welcome....


gc_mar_2004 said:
My I-290B MTR/appeal(3 years edu. issue) has no status change since the date of filing (10/20/05) and my employer is not willing to do a backup gc using perm and exploiting me to the nth degree.

I am thinking about one of the 2 following options

1. Give up and go back home(Of course, India is doing good)
2. Transfer H1 to a different company and start a new Perm application

I would like some opinions/answers for few questions from fellow members whether the second option is worth it, based on my following situation

I am on my H1 9th year expires on Mar 07. Now another employer is agreeing to file a H1 transfer and a new Perm application.

a. Will I have problem transfering the H1 for the remaining 8 months on my 9th year H1

b. assuming I am able to transfer the H1 to the new employer, what are the options to extend my stay beyond mar 07. (I think if I get Perm approval and subsequent 140 approval, I can extend for 3 years).

Please post your opinions/suggestion
Click to expand...
 
Thanks A0001. I never heard about this option of H1 transfer with a pending PERM with new employer. Are you sure about this? I thought the PERM labor and/or 140 has to be pending for over 365 days to get the yearly extension

Do you have any idea how much it will cost to file a new PERM application? Based on Rajiv's fee, I see it is $4200 to start new PERM. What are the other cost involved in doing PERM it is mentioned advertising cost between 1000-2000$.
Any one who has done new PERM please advice. How much it will actually cost in total (incl. legal fees, advt etc)
 
gc_mar_2004 said:
Thanks A0001. I never heard about this option of H1 transfer with a pending PERM with new employer. Are you sure about this? I thought the PERM labor and/or 140 has to be pending for over 365 days to get the yearly extension

Do you have any idea how much it will cost to file a new PERM application? Based on Rajiv's fee, I see it is $4200 to start new PERM. What are the other cost involved in doing PERM it is mentioned advertising cost between 1000-2000$.
Any one who has done new PERM please advice. How much it will actually cost in total (incl. legal fees, advt etc)
Click to expand...


You cannot get H1B extension on pending labor if it is filed in less than 365 days. However you can get 1 Year extension on approved labor/ pending I-140 and 3 year extension on approved I-140.

If there is no query, the PERM approval takes around 2-3 weeks after filing. But preparation of filing perm including asvertisement takes around 2 months.

Hope this will help.
 
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