Tracker for appeals/MTR

Hi gcstruggler,

Sorry to hear that but do u think it's worth fighting USCIS... it's waste of time and money...
 
go to federal court?

bunny01 said:
Hi gcstruggler,

Sorry to hear that but do u think it's worth fighting USCIS... it's waste of time and money...
Click to expand...

What bunny says is true. It will be years till you get a decision and you can refile a new I140 now.

However, note that USCIS is required BY LAW, to address all of the evidence and it sounds like they did not, which would make for a good case.
 
I-140 2nd RFE (Says it is on DOL)

Hello Gurus

They have issued the RFE on Jan 19th and after waiting for 2 weeks of not getting any notice from INS, my attorney has called INS and they have issued another RFE on Feb 1st. On Feb 14th again when my attorney called them, they said in fact it is for the DOL and she said it could be for the duplicate labor but the person from INS was not sure for what it is.

My quick question is if they issue RFE for the duplicate labor on DOL, would they update the case, or do they do internally?Do they issue I-797 form even to DOL??How to find out that howmuch time frame they had given DOL to respond back to INS? What my real big concern is if they have issued an RFE on us (instead of DOL) and if we do not respond in time, INS would deny my case, right?

What is the normal turn around time for DOL to respond back with a duplicate labor? Is issuing an RFE on DOL a normal practice? Since they have opened my I-485 on their own and sent a request to opne my wife's I-485 looks like a positive sign for me.

Please shed some light if any of you have gone through the same situation or in the same boat.

Thanks
Gopal
--------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.


VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE...)
I-485 - Got re-opened on USCIS motion on friday
Wife's 3rd EAD and AP got denied stating that I-485 is in closed state(Dec'06)
Wife I-485 - still in the denied state
 
I-140 denied: need your advice

Gurus

My 2001 labor was approved (finally) in Sep 2006 and we filed for the next steps in Nov 06. Things were going fine until last week when the USCIS dropped a bombshell... they denied my I-140 because they refused to accept my current employer as a successor in interest (my company was acquired in 2003).

In 2003, we filed an amendment to the original labor certification application to change the name of the petitioner and the labor approval was issued in the name of my new company. Besides two other 2001 applications from my old company were approved in 2004 and 2006. But my application was denied.

My attorney now plans to file an appeal, but he tells me that an appeal may take 9 to 15 months, and even then the outcome is uncertain.

Have any of you been in a similar situation? Do you know how long an appeal will take?

Would filing a Motion to Reopen be a better choice? How long might that take?

gcarthi

__________________
TSC
EB2 RIR India
PD - Jul 2001, approved Sep 06
I-485/I-140 RD 11/28/06
I-140 Denied 2/22/07
EAD - Approved 12/14/06
AP - Approved 12/18/06
Finger printing - 12/16/06
 
First of all let me say that I can feel the pain and anger that you might be feeling right now. Denying ones application after a wait of almost 6 years is too bad. See the answers below to best of my knowledge.
gcarthi said:
Gurus

My 2001 labor was approved (finally) in Sep 2006 and we filed for the next steps in Nov 06. Things were going fine until last week when the USCIS dropped a bombshell... they denied my I-140 because they refused to accept my current employer as a successor in interest (my company was acquired in 2003).

In 2003, we filed an amendment to the original labor certification application to change the name of the petitioner and the labor approval was issued in the name of my new company. Besides two other 2001 applications from my old company were approved in 2004 and 2006. But my application was denied.

My attorney now plans to file an appeal, but he tells me that an appeal may take 9 to 15 months, and even then the outcome is uncertain.

Have any of you been in a similar situation? Do you know how long an appeal will take?
Click to expand...
Your attorney is giving you the correct timeline, see the following link:
http://www.immigration.com/processing-times/aao.html
Would filing a Motion to Reopen be a better choice?
Click to expand...
Appeal (290B) is basically MTR (290A) + Appeal. It is first treated like MTR. If your argument is not accepted by immigration officer at service center then it goes to AAO.
MTR only just stays at service center and is approved or denied there itself.
So you decide for yourself.
How long might that take?
Click to expand...
In most cases, anywhere from 3 weeks to 6 months.
gcarthi

__________________
TSC
EB2 RIR India
PD - Jul 2001, approved Sep 06
I-485/I-140 RD 11/28/06
I-140 Denied 2/22/07
EAD - Approved 12/14/06
AP - Approved 12/18/06
Finger printing - 12/16/06
Click to expand...
 
Thank You EricS

EricS

Thank you very much for your detailed reply. And thank you for taking the time to look at this forum long after you got that much coveted piece of plastic.

gcarthi

EricS said:
First of all let me say that I can feel the pain and anger that you might be feeling right now. Denying ones application after a wait of almost 6 years is too bad. See the answers below to best of my knowledge.
...
...
Click to expand...
 
I-485 & Motion to Reopen

Hello,

My I-485 was denied due to abandment even though i never received an interview letter. I filed Motion to reopen with the help of an attorney 2 weeks back and 3 days back my cheque of 385 was enchashed by the USCIS. can you please tell me when i can expect the interview call and how long this process will continue. i will be out of status in a week and they mentioned in the denial letter the ead will expire in 2 weeks that is over now. Is it can work now as they enchased the cheque for MTR or i need wait for any letter from USCIS. I have't received any letter from USCIS after the cheque is enchased.

Please help me with ur expereince.My email is epurappad06@yahoo.com

Many Thanks
 
epurappad said:
Hello,

My I-485 was denied due to abandment even though i never received an interview letter. I filed Motion to reopen with the help of an attorney 2 weeks back and 3 days back my cheque of 385 was enchashed by the USCIS. can you please tell me when i can expect the interview call and how long this process will continue. i will be out of status in a week and they mentioned in the denial letter the ead will expire in 2 weeks that is over now. Is it can work now as they enchased the cheque for MTR or i need wait for any letter from USCIS. I have't received any letter from USCIS after the cheque is enchased.

Please help me with ur expereince.My email is epurappad06@yahoo.com

Many Thanks
Click to expand...
IMO, cashing of the check just means that USCIS has received your MTR and assigned a receipt number. Some people believe that once you file for MTR, you can continue to work based on EAD until a decision is made. I personally think that is not valid. Yes, once your 485 is re-opened, then you can work on EAD.
If USCIS acts quickly and re-opens your 485, I think it will take some 3 weeks. If not, then you may have to wait upto 6 months. You need to consider that if after waiting even 6 months, if the MTR is not accepted, then you will be considered out of status from the date of 485 denial. In your case, I think that your MTR will be accepted. Talk to a lawyer to discuss your options if MTR does not get accepted.

Best of luck!
 
Motion to Reconsider filed on Mar 21..... will keep you posted

gcarthi said:
Gurus

My 2001 labor was approved (finally) in Sep 2006 and we filed for the next steps in Nov 06. Things were going fine until last week when the USCIS dropped a bombshell... they denied my I-140 because they refused to accept my current employer as a successor in interest (my company was acquired in 2003).

In 2003, we filed an amendment to the original labor certification application to change the name of the petitioner and the labor approval was issued in the name of my new company. Besides two other 2001 applications from my old company were approved in 2004 and 2006. But my application was denied.

My attorney now plans to file an appeal, but he tells me that an appeal may take 9 to 15 months, and even then the outcome is uncertain.

Have any of you been in a similar situation? Do you know how long an appeal will take?

Would filing a Motion to Reopen be a better choice? How long might that take?

gcarthi

__________________
TSC
EB2 RIR India
PD - Jul 2001, approved Sep 06
I-485/I-140 RD 11/28/06
I-140 Denied 2/22/07
EAD - Approved 12/14/06
AP - Approved 12/18/06
Finger printing - 12/16/06
Click to expand...
 
I485, I140, I290 pending

Hi Guys,

I am not sure what is happening on my cases.

AAO sent a letter saying they have dismissed my case. But they have opened all the cases back and moved it to TEXAS and they are now in the pending status.

Any idea on what is happening on my case?


Thanks.
 
Anybody got any answer from AAO recently. I am waiting since July 2005 for my EB3 case which was denied because of ability to pay.
 
Hello there.

I have a question. Last year my h1 extension was denied. They said that I had a criminla recored whihc made me inadmissible in US. I filed a MTR. This was in Texas. The motion was opned and approved. Since MTR are looked at by the district directory, it was approved there. I got a letter from USCIS, stating that denial was in error and that petionaire filed a motiot to re opne and that the case be approved. However, my receipt notice for that MTR still comes up on USCs website as being wokrd on. another words, the case has already been decided in my favor, but USCS website still shows, as we recevied this nottice and will will let you know about the decison. Should that have been closed by now. its been not almost a year. So not sure how to go aobut handling that. Any help in this matter will be appreciated.

Thanks!
 
ou90d02 said:
Hello there.

I have a question. Last year my h1 extension was denied. They said that I had a criminla recored whihc made me inadmissible in US. I filed a MTR. This was in Texas. The motion was opned and approved. Since MTR are looked at by the district directory, it was approved there. I got a letter from USCIS, stating that denial was in error and that petionaire filed a motiot to re opne and that the case be approved. However, my receipt notice for that MTR still comes up on USCs website as being wokrd on. another words, the case has already been decided in my favor, but USCS website still shows, as we recevied this nottice and will will let you know about the decison. Should that have been closed by now. its been not almost a year. So not sure how to go aobut handling that. Any help in this matter will be appreciated.

Thanks!
Click to expand...
The MTR status stays like that, mine also shows processing, but the actual apllication (140 in my case) H1 in your case should show approved.
 
How to get the original labor back from AAO

Hello,

Did anybody try withdrawing their appeal to get the original labor back and have been successful?

My lawyer says that it is difficult to get the original labor back. We want the original labor back to refile the I140, since the USCIS is asking for the original labor to process the I140.


Please let me know. Thanks for your suggestions.
 
Hello GCstruggler

I was told once the appeal is withdrawn the labor goes back to the USCIS files and the attorney has to just reference the original labor ID/case number if a new 140 is filed. Dont quote me on this...but you may verify this with your attorney as well. Also, What is the status on the refiled 140? Is it the same RFE as the old one?
 
Last edited by a moderator:
bostonian_27 said:
Hello GCstruggler

I was told once the appeal is withdrawn the labor goes back to the USCIS files and the attorney has to just reference the original labor ID/case number if a new 140 is filed. Dont quote me on this...but you may verify this with your attorney as well. Also, What is the status on the refiled 140? Is it the same RFE as the old one?
Click to expand...

Hi bostonian,

The refiled 140 is still pending.

AAO recently denied my appeal (Feb, 2007). They said that I didn't provide an evidence that my 2nd degree considered my 1st degree.

We filed another appeal March, 2007 with an evidence, at a same time we sent a letter to USCIS to process the pending refiled I140.

This month appeal is transferred to AAO. I feel this is heading for a denial. So I am thinking of withdrawing the appeal and give the original labor to the pending 140.

Let me know if you have any suggestions.

Thanks.
 
290B denials

If the 290B gets denied by the AAO what happens next ? In my case AAO denied my 290B and transfered my case to USCIS ( Nebraska). The status showed that the case received back from AAO and is pending. Then couple of months back they transferred my 290B and 140 to texas. Now the status says that "the case is now pending at the office to which it was transferred".

Any idea what they are trying to do with my case if AAO denies? Anybody in similar situation?

Thanks in advance for your input.
 
I-140 Appeal Result

CAN YOU LET ME KNOW YOUR RESULT OF ABOVE SUBJECTED APPEAL PLEASE ?
MY I-140 IS REJECTED DUE TO EDUCATIONAL GROUND MEANS IN MY 750/ COLUMN 15 SAYS: " BACHELOR" .
I HAVE THREE YEARS INDIAN B.SC. DEGREE WHICH THEY SAID, NOT ACCEPTED AS USA B.S.
I SENT MY APPEAL ON LAST MONTH MEANS IN MAY' 2007.I WANT TO KNOW ON APPEAL PLEASE.

PL. ADVISE.
RAM(JOAN327@HOTMAIL.COM)


kkt_tkk said:
Hi,

I-140/485 ND: 08/26/04

My I-140 denied (Education equivalency)

MTR applied: June 14th, 2004

MTR before commissioner denied on July6th, 2004

Appeal to AAU : Attorney preparing to send to AAU.

Thanks

KKT
Click to expand...
 
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