Tracker for appeals/MTR

i believe i saw 2 guys getting approved with 3 yr deg RFE's. One was Karthick and the other - (i forgot).

Karthick i believe got approved after submitting sheila danzig's evaluation equating his 3 yr BS Comp Sci as equivalent to US 4 yr comp education.

The other guy did 3 yr polytechnic + 3 yr masters which is 6 yrs. he showed that he finished Masters too and the basis of finishing it was bcoz of valid bachelors. He got lucky!

If others know more details, please respond. ***btw, I am not sure if they got approved at AAO or service centers***

also, note that the Edu related RFE's and AAO responses are mostly negative... anyway, keep ur fingers crossed and always pray!
 
Is there any approval from AAU - edu appeals?
We have Approval history on A2Pay cases here.....
Is there any LOGIC to success if denial by Service center on Edu grounds?????

bunny01 said:
i believe i saw 2 guys getting approved with 3 yr deg RFE's. One was Karthick and the other - (i forgot).

Karthick i believe got approved after submitting sheila danzig's evaluation equating his 3 yr BS Comp Sci as equivalent to US 4 yr comp education.

This one from Service center??

The other guy did 3 yr polytechnic + 3 yr masters which is 6 yrs. he showed that he finished Masters too and the basis of finishing it was bcoz of valid bachelors. He got lucky!


Is this 3 +3 from AAU?

If others know more details, please respond. ***btw, I am not sure if they got approved at AAO or service centers***

also, note that the Edu related RFE's and AAO responses are mostly negative... anyway, keep ur fingers crossed and always pray!
Click to expand...
 
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I140 is approved today. 8/25/06 LUD: "This case has been approved. On August 25, 2006, an approval notice was mailed..." No new message on 290B.

Best luck to everyone here.
 
Congrats

Congrats dude...
Hurray .. time to celebrate...

Enjoy .. I hope we see some positive results too ...
 
Thanks, kapsy30. Yeah, I am finally one step closer to Green card. Now I have to wait for the retroregression date.

Best luck to you. Hang on there. Your good news will come.

kapsy30 said:
Congrats dude...
Hurray .. time to celebrate...

Enjoy .. I hope we see some positive results too ...
Click to expand...
 
Hello everyone,

One of my friend's I-140 was denied and the attorney appealed and gave the new tracking number. My friend wants to know where to check the case status for appeals (AAO) or MTR. are they two different or same? Thank you for the response.
 
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knowDOL said:
Hello everyone,

Of of my friend's I-140 was denied and the attorney appealed and gave the new tracking number. My friend wants to know where to check the case status for appeals (AAO) or MTR. are they two different or same? Thank you for the response.
Click to expand...
I guess your friend got the tracking number of form I290B. It will be reviewed by service center officer first (MTR), if they don't like it, they send it to AAO. You can check it on https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=e6M0eyXOAVh4
 
Any activity on Appeal

I guess no activities happening on appeal .
Guys, lets track the case on appeal over here I am attaching an Excel spread sheet . It will help us in calling them and checking the status with USCIS.

Thanks
 
Please respond - AAO appeal , and stay in usa

HI,

Is anyone in same situation as mine.
My I140 denied and appeal is pending now from Jan13 2006
. I don't have any other type of visa. Can I stay in country for the AAO decision or have to leave? I understand that I can not work, however technically I am waiting for the I-140 decision. Do they see this time in usa as unauthorised?

I am really confused. There is no one there who is able to answer this question firmly. So its killing me,,

If you know the answer or have any idea please let me know.
 
Basically Your Attoney is the Key for you in this senario.

You know, Due to AC21 amendments beneficiaries got a chance to entertain concurrent filings. Prior to that there is no I-485 status with out immigration visa (I-140) approval.

Is your I-485 denied?

So far there is No Direction - So, after appeal on 140 - Service centers changing status to pending ONLY on 140 cases - not other dependent cases like I-485, EAD, 131. Your Question falls under this GRAY Area.

AC21 did not predict this type of issues. Few people used AC21 to CHANGE JOBS after 180 day of AOS file. But Attorney’s argued differently. finally AAU gave adoptive decision it is NOT possible with out 140 approvable -AAO Decision/Field Instructions on AC21 I-140 Portability (10/27/2005). But LOOP holes Not useful – Ball is in agencies court.

There is NO CHANGE from AAU decisions on NSC positions – especially on Educational Denials. NEVER had seen any positive decision on education matters. If your issue is related to Education then forget about this case. Explore for other OPTIONS

You can apply One year H1 extension based on Pending I-140 if LABOR is more than 365 OLD.


If you have any questions - Please do NOT hesitate.

kukuchaku said:
HI,

Is anyone in same situation as mine.
My I140 denied and appeal is pending now from Jan13 2006
. I don't have any other type of visa. Can I stay in country for the AAO decision or have to leave? I understand that I can not work, however technically I am waiting for the I-140 decision. Do they see this time in usa as unauthorised?

What is that Technically???

I am really confused. There is no one there who is able to answer this question firmly. So its killing me,,

If you know the answer or have any idea please let me know.
Click to expand...
 
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A0001

Tons of thank you ! for your reply... You are like a god..
Thanks a lot

Yes my 485 denied on oct 2005. Its 3 years education issue. My lawyer did not tell me to leave the country. And I stayed over now 6 months. Now he says I should leave the country.. otherwise they will bar me from re-entering USA for 10 years. My 6 years of H1 expired in feb 2005. So there is no extension for me,,

I have another pending labor at Dallas backlog elimination center, from Nov 2004. Howver my H1 expired before one year criteria..

I lost all the hope now. Now going back to India. Still want to know if something can be done or fixed. Please reply if you know any fix...
 
That's why everybody should maintain their H1B until their's I-140 approval, when they filed I-140 & I-485 concurrently.

kukuchaku...how come your I-485 denied even before I-140 denial ?.
 
satgym73 said:
That's why everybody should maintain their H1B until their's I-140 approval, when they filed I-140 & I-485 concurrently.

kukuchaku...how come your I-485 denied even before I-140 denial ?.
Click to expand...

Hi, Satgym73

My i-140 got denied and appeal is pending in AAO.
So automatically the i-485 gets denied and after I-140 appeal I don't know the status of I-485. Experts are saying its illegal to stay. So I decided to go back.

you are correct, i did not get good advice from my lawyer. so did not do h1 at that time
 
kukuchaku said:
Hi, Satgym73

My i-140 got denied and appeal is pending in AAO.
So automatically the i-485 gets denied and after I-140 appeal I don't know the status of I-485. Experts are saying its illegal to stay. So I decided to go back.

you are correct, i did not get good advice from my lawyer. so did not do h1 at that time
Click to expand...


Kukuchaku,

You may have already looked into several options to get back on H1b track. I dont know how long you have stayed without H1B, but if you have stayed out of the country while on H1b, I think you can recapture that period and ask for H1B( UnitedNations knows this very well, perhaps he can shed some light on that).

Also, there is a procedure called "NUNC PRO TRUNC" ("Now For Then"). There is an article written on Murthy's website. This is to get H1B or H4 in retro(past period). Meaning, you can ask for h1b approval for the past period where you have missed to maintain the status due to extraordinary circumstances. Sounds odd ,but there is such a thing. HOWEVER, approvals are very rare and circumstances explaining as to why one lost his/her non-immigrant status has to be very CONVINCING. Try to put your case on Murthy's table. May be something can work out.

All said and done, you can spend a year back home and come back again with new h1b for 6 more years.



Good luck.
Anil
 
unitednations said:
USCIS issued a memo in February 2003 discussing effect of denial on 140/485 concurrent filing cases.

Essentially, once 140 is denied then 485 and all collateral cases are also denied.

No benefit can be taken from the 485/ead/ap until 140 is reopened/approved.

Above is paraphrasing from that memo.

An appeal of 140 only allows you to extend h-1 beyond the six years since until all appeals are decided it is not considered a final decision.

My analysis is that since the 140 is not final until appeals have been exhausted then the 485/ead/ap should still be good. However, this is not with uscis memo. This is something that Attorney would have to argue in trying to get a waiver of the 3/10 year bars. However, it should only be done once the damage has already happened. (ie., you have overstayed by more then 6 months or 1 year). You wouldn't do this proactively as the cost and uncertainty would make your life very difficult in USA.

If the overstay was less then six months then it would have been possible to get back onto h-1 without an I-94 card. Without the I-94 card one would have to go outside USA. If the consulate determined you stayed more then six months without status then they would not give you a visa for three years.

Regarding getting back on h-1 after six years are finished and you did not renew:

Vermont Service Center position is that you can only "extend" beyond six years. This position is essentially that you have to continually be on h-1. Once you are off h-1 and six years are expired then they will not approve the h-1. However, what has worked is to "recoup" time spent outside the country that you didn't use in the six years. Vermont will approve this; it could be 2 months or 3 months. You would have to go for visa stamping. Once you come back in, you will get only the 2 to 3 months but now that you are back on h-1b they will allow you to extend for one year based on appeal or other substitute labor.

Above scenario was tried/tested with cybersoftech with fairly positive results.

California is more receptive to getting one year. They will give one year right off the bat, however, no I-94 card. It would also require you to go for visa stamping.

In all situations, if you have overstayed by more then six months then consulate will not give you visa to come back.

Regarding "nunc pro tunc" and retroactive effect. This only applies if it is uscis error. If you want uscis to give retroactive affect due to your error then you are totally at their mercy. They are not merciful people.
Click to expand...


UN,

Wealth of information.Thanks for posting.

Anil
 
unitednations said:
USCIS issued a memo in February 2003 discussing effect of denial on 140/485 concurrent filing cases.

Essentially, once 140 is denied then 485 and all collateral cases are also denied.

No benefit can be taken from the 485/ead/ap until 140 is reopened/approved.

Above is paraphrasing from that memo.

An appeal of 140 only allows you to extend h-1 beyond the six years since until all appeals are decided it is not considered a final decision.

My analysis is that since the 140 is not final until appeals have been exhausted then the 485/ead/ap should still be good. However, this is not with uscis memo. This is something that Attorney would have to argue in trying to get a waiver of the 3/10 year bars. However, it should only be done once the damage has already happened. (ie., you have overstayed by more then 6 months or 1 year). You wouldn't do this proactively as the cost and uncertainty would make your life very difficult in USA.

If the overstay was less then six months then it would have been possible to get back onto h-1 without an I-94 card. Without the I-94 card one would have to go outside USA. If the consulate determined you stayed more then six months without status then they would not give you a visa for three years.

Regarding getting back on h-1 after six years are finished and you did not renew:

Vermont Service Center position is that you can only "extend" beyond six years. This position is essentially that you have to continually be on h-1. Once you are off h-1 and six years are expired then they will not approve the h-1. However, what has worked is to "recoup" time spent outside the country that you didn't use in the six years. Vermont will approve this; it could be 2 months or 3 months. You would have to go for visa stamping. Once you come back in, you will get only the 2 to 3 months but now that you are back on h-1b they will allow you to extend for one year based on appeal or other substitute labor.

Above scenario was tried/tested with cybersoftech with fairly positive results.

California is more receptive to getting one year. They will give one year right off the bat, however, no I-94 card. It would also require you to go for visa stamping.

In all situations, if you have overstayed by more then six months then consulate will not give you visa to come back.

Regarding "nunc pro tunc" and retroactive effect. This only applies if it is uscis error. If you want uscis to give retroactive affect due to your error then you are totally at their mercy. They are not merciful people.
Click to expand...
Hello UN

I'm in a similar situation as well.

My 140 was denied 2 months back and I'm on my 7th year H1B. My H1 and I-94 expires December 2006. I've applied for 8th year H1B extension in CA center based on the pending 140 appeal.
I was never on and applied for EAD and 485 due to retrogression.

Going by what you say, CA center if they approve my H1B wont provide me with the I-94 extension for the 8th year? and I should go out of US to get visa stamped and enter the country again to get my I-94 within 6 months?

Thanks for your reply

Regards.
 
"Going by what you say, CA center if they approve my H1B wont provide me with the I-94 extension for the 8th year? and I should go out of US to get visa stamped and enter the country again to get my I-94 within 6 months?"

You are maintaining H1B status. Your 8th year H1B extension will come with I-94 attached. Dont worry, the H1B (without I-94 from CA) is for those who are attempting to recapture the period they stayed outside the country. This is for those who are out of H1B status. Not for the ones who are IN STATUS.
 
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