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Tracker for appeals/MTR
- Thread starter bcis
- Start date
Hi Guys,
My I-140 got denied b'cos of A2P in Sep 2005. I filed MTR/Appeal for in Oct 2005. It's an EB3. There is no decision from AAO yet for my case. The current status says...currently in AAO, we will let you know once the decision is made (or) if we need something from you.
The current processing is 13 months. But mine is filed in Oct 2005 and it's been 20 months now.
Is any one received their results/decisions from AAO recently, who'd filed their cases around Oct 2005 ?. Can i/attorney/employer able to inquire about my case status @AAO, since we are out of processing time ?.
EricS...any suggestions ?.
My I-140 got denied b'cos of A2P in Sep 2005. I filed MTR/Appeal for in Oct 2005. It's an EB3. There is no decision from AAO yet for my case. The current status says...currently in AAO, we will let you know once the decision is made (or) if we need something from you.
The current processing is 13 months. But mine is filed in Oct 2005 and it's been 20 months now.
Is any one received their results/decisions from AAO recently, who'd filed their cases around Oct 2005 ?. Can i/attorney/employer able to inquire about my case status @AAO, since we are out of processing time ?.
EricS...any suggestions ?.
Hi Guys,
My I-140 got denied b'cos of A2P in Sep 2005. I filed MTR/Appeal for in Oct 2005. It's an EB3. There is no decision from AAO yet for my case. The current status says...currently in AAO, we will let you know once the decision is made (or) if we need something from you.
The current processing is 13 months. But mine is filed in Oct 2005 and it's been 20 months now.
Is any one received their results/decisions from AAO recently, who'd filed their cases around Oct 2005 ?. Can i/attorney/employer able to inquire about my case status @AAO, since we are out of processing time ?.
EricS...any suggestions ?.
I do not know for sure but your attorney should be able to contact AAO for a status update once your case is out of processing time. Search this forum or USCIS website to see if there is a way to contact them. Sorry I am not of any help here.
Bad new I-140 rejected
Dear Friends,
Just got the news that my I40 was rejected today. Dont know on what grounds. I have a B.com and a CA from India. Have done my CPA over here..
It was in EB3 category thru normal processing in Nebraska with the receipt number LIN 06 267 53xxx
My priority date is November 2002 and I had already applied for my 485 on June 1 2007 as the dates became current.
My 7th year H1B is ending on September 30th 2007.
Can the gurus please advise him as to what I should do now? Will I get a further extension of H1 if I appeal?
How long does it take to Appeal and get the result?
How is it going to affect my 485? Will they just deny it or keep it on hold if I appeal? Thanks
Dear Friends,
Just got the news that my I40 was rejected today. Dont know on what grounds. I have a B.com and a CA from India. Have done my CPA over here..
It was in EB3 category thru normal processing in Nebraska with the receipt number LIN 06 267 53xxx
My priority date is November 2002 and I had already applied for my 485 on June 1 2007 as the dates became current.
My 7th year H1B is ending on September 30th 2007.
Can the gurus please advise him as to what I should do now? Will I get a further extension of H1 if I appeal?
How long does it take to Appeal and get the result?
How is it going to affect my 485? Will they just deny it or keep it on hold if I appeal? Thanks
Dear Friends,
Just got the news that my I40 was rejected today. Dont know on what grounds. I have a B.com and a CA from India. Have done my CPA over here..
It was in EB3 category thru normal processing in Nebraska with the receipt number LIN 06 267 53xxx
My priority date is November 2002 and I had already applied for my 485 on June 1 2007 as the dates became current.
My 7th year H1B is ending on September 30th 2007.
Can the gurus please advise him as to what I should do now? Will I get a further extension of H1 if I appeal?
How long does it take to Appeal and get the result?
How is it going to affect my 485? Will they just deny it or keep it on hold if I appeal? Thanks
---------------------
Do not do the same mistake that I did. Here's what you need to do :
1. Appeal for your I140
2. Appeal fo rMotion to Re-open for your I485, you will shortly receive denial of your I485 as well
3. Apply for your H1 extension as soon as you receive your Appeal Receipt of your 140. You will get an extenrion based on your pending appeal.
Consult a good lawyer. Rajivji is very helpful.
Wish you all the best !
=====================Thanks Atulh,
I saw in the forums that some of them were filing for new I-140. Should I do that also?
Would I have to apply for labor all over again? If yes will my priority dates remain the same?
You need to find out the reason for the denial. Based on that either you can reaply for the I140 with the same labor. I am not a lawyer, but my understanding is you cannot apply for a fresh labor, because if you abandon this current I140, you lose your H1 as well.
Check with a good lawyer as what you need to do. Be very very careful and avoid going out of status.
No matter what you do, File a fresh I140 with new evidence or file an appeal file for h1 - Ext + if you want to recapture any time you spend outside the country.
---------------------
Do not do the same mistake that I did. Here's what you need to do :
1. Appeal for your I140
2. Appeal fo rMotion to Re-open for your I485, you will shortly receive denial of your I485 as well
3. Apply for your H1 extension as soon as you receive your Appeal Receipt of your 140. You will get an extenrion based on your pending appeal.
Consult a good lawyer. Rajivji is very helpful.
Wish you all the best !
Noor,
I have been getting H1 extensions based on my appeal. I have also refiled I140 using the same labor, the results are not known yet. Mine was an education related denial. I think you get around 33 days to file an appeal.
Once you find out the reason for your denial you must definitely consult a lawyer like Murth or Khanna. Do not worry much as far as your H1 extension is concened as long as you file your appeal in time. For the H1 extension you will have to attach the receipt notice of the appeal once you file the appeal.
I have been getting H1 extensions based on my appeal. I have also refiled I140 using the same labor, the results are not known yet. Mine was an education related denial. I think you get around 33 days to file an appeal.
Once you find out the reason for your denial you must definitely consult a lawyer like Murth or Khanna. Do not worry much as far as your H1 extension is concened as long as you file your appeal in time. For the H1 extension you will have to attach the receipt notice of the appeal once you file the appeal.
raj_malhotra25
Registered Users (C)
My I-140 premium has been denied at NSC despite sending proper documentation that was asked on the RFE.
What options do I have ?
(1) Appeal to RFE to Administrative Appeals Office on this case. How much time does it take for an approval ? Any ideas anyone ?
(2) can I file another I-140 premium processing based of the same labor and hope that I get a good officer this time and my case gets approved and it gets approved with RFE ?
Thanks,
Raj
What options do I have ?
(1) Appeal to RFE to Administrative Appeals Office on this case. How much time does it take for an approval ? Any ideas anyone ?
(2) can I file another I-140 premium processing based of the same labor and hope that I get a good officer this time and my case gets approved and it gets approved with RFE ?
Thanks,
Raj
Yes, you can file appeal. Time taken for decision could be anywhere from 2 months to 2 years. See the current processing times for AAO on USCIS.gov or Immigration.comMy I-140 premium has been denied at NSC despite sending proper documentation that was asked on the RFE.
What options do I have ?
(1) Appeal to RFE to Administrative Appeals Office on this case. How much time does it take for an approval ? Any ideas anyone ?
I don't see much chance for approval of your 140 because they did give you a chance to provide correct documention by issuing a RFE. If you provided all the docs for RFE and still got denial, there are very less chances of new 140 getting approved, unless you provide some new docs (evidence). BTW, what was the RFE about and what is your reason for denial? If you mention that, then someone may be able to better help you.(2) can I file another I-140 premium processing based of the same labor and hope that I get a good officer this time and my case gets approved and it gets approved with RFE ?
Thanks,
Raj
If you have some new evidence to overcome the reason for denial. Basically you are telling USCIS that when you filed first 140, you missed some evidence etc. Now you have that new evidence and you want to file new 140.In what case can I reapply for a fresh I-140 on the same labor if the first one got denied.
The 485 which I applied for -- can it be put on hold till my appeal is decided.
Thanks for you inputs
When 140 is denied, the 485 is also denied (and EAD AP also). If appeal is decided in your favor and the 140 is approved, then 485 is also reopened (in some cases you need to followup to get 485 reopened). But if appeal is denied, then 485 is considered denied from the original date of 140 denial. If you want file new 140 and attach (interfile) your 485 to it, lawyers told me that it can be done within 30 days of the denial of original 140. This new 140 could be from the same employer (even on same or different LC) or this new 140 could be from a totally different employer.
raj_malhotra25
Registered Users (C)
MY denial was I submitted co-workers affidavit expereince letters and they are not on the letterheads.
I met the lawyer yesterday regarding my I-140 rejection. He was of the opinion that we should file a new I-140 rather than appeal the one rejected. He said the appeal will take 2 years.
I told him that why dont we do both but the lawyer said that the USCIS will not adjudicate on the new I-140 if they find out that the old one is appealed against and they will wait for the decision
Is it true?? Cant I do both apply for a new I-140 and also appeal against the old I-140 by providing new evaluations.
Thanks
I told him that why dont we do both but the lawyer said that the USCIS will not adjudicate on the new I-140 if they find out that the old one is appealed against and they will wait for the decision
Is it true?? Cant I do both apply for a new I-140 and also appeal against the old I-140 by providing new evaluations.
Thanks
raj_malhotra25
Registered Users (C)
I just did this last week.
MTR and new I-140 (you howeever need to create a draft that your original labor petition is with UCSICS)
HTH
MTR and new I-140 (you howeever need to create a draft that your original labor petition is with UCSICS)
HTH
LUD on I290B, I140, and I131
I saw LUD on my pending I140(denied{a2p} and in appeals) and old I131 today. Its been 2 years since I applied for appeals .(way outside the processing times )...
I don't know whats happening anybody saw a LUD on 07/14/2007 (saturday)..??
Just curious ....
I saw LUD on my pending I140(denied{a2p} and in appeals) and old I131 today. Its been 2 years since I applied for appeals .(way outside the processing times )...
I don't know whats happening anybody saw a LUD on 07/14/2007 (saturday)..??
Just curious ....
Last edited by a moderator:
I saw LUD on my pending I140(denied{a2p} and in appeals) and old I131 today. Its been 2 years since I applied for appeals .(way outside the processing times )...
I don't know whats happening anybody saw a LUD on 07/14/2007 (saturday)..??
Just curious ....
Hi Kapsy30,
Can you tell us about your employer and the reason you got A2P denial?
Hoe many employees, financial health and what did you submit as a proof for A2P?
Thanks
Bomber,
Employer: small company 3- 6 people .. a2p--> ability to pay .. couldn't show the difference between preferre wage and my pay (W2).
MTR --> applied along with appeals .. still waiting and little hope that other co-worker got their I140 approved with same pay difference (preferred wage - pay they were getting ) was similat to mine.
right now on 7th year H1 extension.
Employer: small company 3- 6 people .. a2p--> ability to pay .. couldn't show the difference between preferre wage and my pay (W2).
MTR --> applied along with appeals .. still waiting and little hope that other co-worker got their I140 approved with same pay difference (preferred wage - pay they were getting ) was similat to mine.
right now on 7th year H1 extension.
Bomber,
Employer: small company 3- 6 people .. a2p--> ability to pay .. couldn't show the difference between preferre wage and my pay (W2).
MTR --> applied along with appeals .. still waiting and little hope that other co-worker got their I140 approved with same pay difference (preferred wage - pay they were getting ) was similat to mine.
right now on 7th year H1 extension.
Thank you kapsy30,
I hope you already know that sometimes USCIS can add the difference in salary for all I-140 applicants from the same company and see if the company is able to show the difference. In some cases they may approve one case but deny others if that one case has exhausted all the money the company could show.
If that approval happened after your application was denied, you should be approved. could you tell how much was the difference and for how many years and does your company make any profits?