Tracker for appeals/MTR

[kukuchaku]

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.


Anil,

I discussed this option with my lawyer. He said its not worth it to try because 1) My h1 expired too long back.
2) I don't have current valid h1 (as it will be extension to previous) and the "Nunc pro tunc" is not going to work in this case. I am staying here more than 6 months and want to leave now before it gets too late (over 1 year)
I am leaving next month for good.. and will try my luck next time for h1 after one year (even though I stayed over 6 months)

This is not the place to sell cars on this site, however if anyone wants to buy a car I am selling mine.
Details- Honda accord v6 - 2002, Honda certified
- Mileage- 42000
- Warrenty- 7 yr 100k + Honda care till 2008
- Excelent condition (Overall), Leather, 6CD changer,
Moonroof, sunroof, power seats, Front and side airbags
Place- Chicago
Asking price- $14400

Please send me email at - kukuchaku@gmail.com with contact details.

 

[sanbaj]

Opening previously closed 485 case?

Unitednations and other experts,

My attorney applied an I140 application for me on a substituted approved LC from my company in Jul/2005. In Aug/2005, I485 application was filed on this pending I140 application. The I140 was rejected in Sep/2005 and was appealed in the same month. Therefore, the I485 application was also rejected with I140.

The appeal was rejected after 8 months. Now, the attorney is preparing to re-file the I140 based on the same approved LC (with the more authenticated answers to the questions raised by CIS). He is very positive that CIS would approve this time. Is it possible to open the closed I485 application based on the new re-filed I140 or a new I485 application is required in this case?

Thanks in Advance !!

 

[A0001]

What is the cause for140 Denial??

Unitednations and other experts,

My attorney applied an I140 application for me on a substituted approved LC from my company in Jul/2005. In Aug/2005, I485 application was filed on this pending I140 application. The I140 was rejected in Sep/2005 and was appealed in the same month. Therefore, the I485 application was also rejected with I140.

The appeal was rejected after 8 months. Now, the attorney is preparing to re-file the I140 based on the same approved LC (with the more authenticated answers to the questions raised by CIS). He is very positive that CIS would approve this time. Is it possible to open the closed I485 application based on the new re-filed I140 or a new I485 application is required in this case?

Thanks in Advance !!

 

[sanbaj]

What is the cause for140 Denial??

Ability To Pay !

 

[sanbaj]

To file the 485; the priority date has to be current. (I imagine it is not).

The old 485 is dead. If the priority date was current then you can file a motion to reopen the denial and attach it to another 140. However, this has to be done within 30 days of the date of denial of the 485.

bottom line: you have to file another 485 when the priority date is current.

Thanks Unitednations!

The approved LC PD is 02/2002 and category is EB2. It will be current from next month. New 485 is the only way to go for me.

Thanks Again !

 

[kukuchaku]

I-94 question

I have general question regarding I-94 that (h1 category) date I entered on. Later when I filed the adjustment of status and worked on ead for while.

When I leave the country and surrender the I-94, the date on I-94 is for 2005. However I was staying on AOS (485 +ead status) How can I make sure that they understand this? Do I have to attach any more evidence (like 290B status or something else) Should I submit the I-94 when I leave or not? I am just concerned about the date on I-94 and don't want them to see it as overstay. Any thoughts guru's

thanks

 

[A0001]

If receiving petition's PD is current..then you can transfer 485 applications.

Rule of Transfer of Pending I-485 Application to Second Approved Petition: This rule is clarified in so-called Pearson Memorandum in 2000, which basically stated that pending I-485 can be transferred to the second approved petition, no matter what kind of petition the second petition is. Assume that he/she filed EB-3 I-140 petition and I-485 was filed in 2004 before the visa number retrogressed and pending. Assume also that another immigrant petition of whatever nature, including EB-1, EB-2, or EB-4, EB-5, Family-Based petitions, is later filed and approved. In such case, he/she does not have to refile I-485 application to use the second approved petition, provided that the first petition was not revoked and the visa number is current for the second petition. In this transfer of I-485, priority date may or may not be transferred depending upon the nature of the two petitions. If the two petitions are in EB-1, EB-2, or EB-3, the priority date will also be transferred. If the two petitions include EB-1/EB-2/EB-3 and Family Petition or EB-4 or EB-5, the priority date cannot be transferred between these two petitions, even though the pending I-485 application can be transferred between these two petitions. Simply put, "transfer of I-485 between two petitions" means he/she does not have to refile I-485 application to use second petition, while the rule of priority date retention defines the transfer of the priority date among EB-1, EB-2, and EB-3.

Thanks Unitednations!

The approved LC PD is 02/2002 and category is EB2. It will be current from next month. New 485 is the only way to go for me.

Thanks Again !

 

[hpdwivedi]

Does anyone has the copy of Pearson Memorandum in 2000 for I485 transfer? If yes, can you attach here for the benefit of all of us in this forum?

Thanks.

Only if the 485 is active and priority date is current. Pearson memo stated to do a motion to reopen on a denied 485 if you wanted it attached to another 140. However, to do a motion to reopen it has to be done within 30 days of date of denial of 485.

 

[A0001]

140 appeals

Usally NSC will review as MTR then forward to AAU.
Now a days- How long NSC is taking to forward appeals to AAU? Any ideas.

 

[surabhi]

Any one have idea on appeal processing time in Nebraska NOT in AAO?

 

[findgc]

AAO Appeal Processing Times of 09/25/2006

I-140 (EB-1A)=7 months
I-140(EB-1C_=11 months
I-140(NIW)=9 months
I-140(EB-3)=16 months
I-687, I-698, I-700=16 months
I-129L=13 months
I-129H-1B=10 months
I-360RW=8 months
I-821TPS=18 months
I-601=15 months
I-485(Life)=20 months.
All other types of appeal remain "current."

Mine is EB3 case pending at AAO for the past 19 months, but no updates yet :-(

findgc

 

[bunny01]

My H1 is valid upto Oct 2006 (9 yrs would be complete). My employer is ready to file for Extn beyond 9 yrs... They are requesting only for 1 yr extn as my 140 is not approved yet. My PD is Apr 2003 and is a non-RIR case.

my other RIR case got denied at 140 stage and so, i am in this thread...


But isn't it true that if the LC was filed and 365 days have passed,
one should get 3 yrs Extn irrespective of LC getting approved or not.

 

[hpdwivedi]

Your employer is right. See the latest memo:

http://www.immigration.com/newsletter1/amendac21.pdf

My H1 is valid upto Oct 2006 (9 yrs would be complete). My employer is ready to file for Extn beyond 9 yrs... They are requesting only for 1 yr extn as my 140 is not approved yet. My PD is Apr 2003 and is a non-RIR case.

my other RIR case got denied at 140 stage and so, i am in this thread...


But isn't it true that if the LC was filed and 365 days have passed,
one should get 3 yrs Extn irrespective of LC getting approved or not.

 

[bunny01]

here's my situation:

This month end, my 9 yrs will be complete. my company who is sponsoring my GC has applied for 1 yr extn using the Non-RIR LC which is still at Backlog center (not approved yet).

My Question is, can another company sponsor my H1 at this time? reason, i got a very good perm offer by the end client. I know that the existing company should be willing to continue my GC for this....

pls suggest.

 

[hebron]

here's my situation:

This month end, my 9 yrs will be complete. my company who is sponsoring my GC has applied for 1 yr extn using the Non-RIR LC which is still at Backlog center (not approved yet).

My Question is, can another company sponsor my H1 at this time? reason, i got a very good perm offer by the end client. I know that the existing company should be willing to continue my GC for this....

pls suggest.

What was you RFE about? Could you please give details of your case

 

[bunny01]

about combination of degrees issue... but, could someone pls throw some light on this:

"This month end, my 9 yrs will be complete. my company who is sponsoring my GC has applied for 1 yr extn using the Non-RIR LC which is still at Backlog center (not approved yet).

My Question is, can another company sponsor my H1 at this time? reason, i got a very good perm offer by the end client. I know that the existing company should be willing to continue my GC for this....

pls suggest."

 

[EricS]

about combination of degrees issue... but, could someone pls throw some light on this:

"This month end, my 9 yrs will be complete. my company who is sponsoring my GC has applied for 1 yr extn using the Non-RIR LC which is still at Backlog center (not approved yet).

My Question is, can another company sponsor my H1 at this time? reason, i got a very good perm offer by the end client. I know that the existing company should be willing to continue my GC for this....

pls suggest."

Yes, other company can apply for your next 1 year extension (along with H1 transfer) based on the pending LC with current company. You will need to provide the proof of pending LC in the form of DOL receipt etc. showing the date it was applied.

 

[bunny01]

Thanks Eric. My attorney said the same but added that I should start another GC process with the new employer just to be on the safe side ( incase my current employer withdraws my GC)

 

[kukuchaku]

LUD on 290B and I-140 Today 10/07/2006

Thanks Eric. My attorney said the same but added that I should start another GC process with the new employer just to be on the safe side ( incase my current employer withdraws my GC)

FYI,
LUD on 290B and I-140 Today 10/07/2006
Anyone else got this update? Anyways I am going back next week...

 

[labor_dec02]

LUD on 290B and 140

I got a LUD on 10/3 on 290B and 140. Also the message on 290B changed saying they got it back from AAO. Still waiting for the final answer. Will post it once I hear any news.

140 FD - 03/dd/06 SRC (TSC) - EB2 nonconcurrent - retrogressed
140 Denied for 3 yr edu issue on 05/dd/06
290(appeal) fd - 05/dd/06
290 LUD for receiving back from AAO 10/3/06

Keeping my fingers crossed...

FYI,
LUD on 290B and I-140 Today 10/07/2006
Anyone else got this update? Anyways I am going back next week...