Tracker for appeals/MTR

I-140 Mtr

We applied for MTR/Appeal after my I-140 was denied. After 3 months I got a message from CRIS (please see below). Does it mean my I-140 has been denied? At the MTR stage does the message specify "approved" if approved and "decision mailed" if rejected?


application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: We mailed you a decision.

On July 13, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
 
We mailed you a decision

I got the same last week and I called the 1-800 number punched in my LIN# and the message said my case was denied:(

Mine was EB3 but filed in EB2 by mistake. Can I refile new I-140 and refer to the Labor sent with first 140? How much delay does it cause if original labor is not sent with I-140?

Please share your experience and knowledge..Thanks!
 
No, we used Fedex and my lawyer says TSC won't forward it to NSC is this correct?

San 2007 Would you be knowing the significance of the following message?

Current Status: We mailed you a decision.
 
din21,
I think if they don't mention approved it is usually denial. but in your case it was already denied and no way they make a decision so fast on your mtr/appeal. So I think it is referring to the old status message. Did you get a status message change when they first denied your case? Also can you tell me if your lawyer mentioned about your appeal when filed a new I-140? Iam also thinking of filing I-140 at TSC electronically.
 
What about original labor?

San2007 and Din21,

Do we have to mention anything specifically about original labor (i.e., orig labor is with first 140 that was denied) when refiling 140?

Can I concurrently file 485 when refiling 140 w/o original labor?

Thanks.
 
Yes you have to mention about original labor or you will get an RFE. On I-140 form it says to send the original labor and not copy but if you mention, it should be ok.
 
Dup labor request?

San2007.

My lawyer says they attach a duplicate labor request. Is that what you did? Or did you just refer to the labor in original I-140?

Please reply. Thanks.
 
Appeal and I140 Refile

Hi

Can you please explain what your lawyer said about the duplicate copy of the labor? I am also in the same situation.
My labor was filed in Jun 2006.
Got RFE for ability to pay in July 2006
Replied in Sep 2006
Denied in Nov 2006
MTR\appeal in Dec 6 2006

Since then it just says its pending with the TSC. It is not even saying that it was transferred to AAO. what will happen ,If I want to refile the I140 without the original labor? Can we mention that its in MTR? Please help
 
uncert said:
Search for duplicate in this pdf http://www.uscis.gov/files/pressrelease/DOLPermRule060107.pdf

It doesn't specifically call out 140 denial.

Is there anyone that re-filed I-140 after denial and requested duplicate labor?? PLEASE RESPOND..this forum is my life save now!!
Click to expand...

I appealed my I-140 denial and refiled I-140 couple of months later with the copy of the labor.

On the refiled I-140, NSC said that they can process the 140 only when they have the orignal labor. They asked us either to withdraw the appeal or wait until the appeal is decisioned.

I think if you are not filing appeal, then you can re-file 140 with the copy of the labor. You don't have to give the original labor. Basically if you file the appeal, the labor is locked for the appeal and get released only when the appeal is decisioned.

Thanks.
 
Thank you for responding.

Did you 140 get approved? Was there additional delay due to missing original labor. Good luck!!


gcstruggler said:
I appealed my I-140 denial and refiled I-140 couple of months later with the copy of the labor.

On the refiled I-140, NSC said that they can process the 140 only when they have the orignal labor. They asked us either to withdraw the appeal or wait until the appeal is decisioned.

I think if you are not filing appeal, then you can re-file 140 with the copy of the labor. You don't have to give the original labor. Basically if you file the appeal, the labor is locked for the appeal and get released only when the appeal is decisioned.

Thanks.
Click to expand...
 
uncert said:
Thank you for responding.

Did you 140 get approved? Was there additional delay due to missing original labor. Good luck!!
Click to expand...

Not yet. My 1st 140 is still in appeal. So the 2nd 140 is still pending. I will wait for sometime to see whether the appeal goes thru if not I will withdraw the appeal and allow the 2nd 140 to get processed.

I want the 1st 140 to get approved so that I will get the 485 back.


Thanks.
 
GC struggler

GC strugller,

you said your 2nd 140 is pending but your signature shows that it is approved . Can you clarify on this coz am in the same boat, my case is similar to yours.

Thanks,
 
I-140 from second labor is approved. Looks like he applied 2nd I-140 from the old labour too which is not adjudicated till you take your appeal back or decision is made on the appeals.
 
2nd I140

when_gc said:
I-140 from second labor is approved. Looks like he applied 2nd I-140 from the old labour too which is not adjudicated till you take your appeal back or decision is made on the appeals.
Click to expand...

That is correct. 140 from 2nd labor is approved in EB2. But I want the 140 from 1st labor to get approved to get the priority date.
 
140 - denied

Hi guys,

Yesterday July 24th, i got the following email from USCIS

"Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: We mailed you a decision.

On July 24, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."


Looks like my I-140 also got denied but i have to wait for the letter to see the reason for the denial.

My question is:-

What is the difference between MTR and Appeal?

There are lot of posting from the people whose I-140 got denied, but do anyone know that of any case that get approved after MTR/ Appeal?


I-140 - 365 days rule for H1b extension

What are my options if my I-140 gets denied? I am in the 5th year and my H1b will expire in feb, 2009. Should I apply for the new labor to get the 7th year extension?

Is there any rule as to apply labor x number of days before your sixth year expiration to get the 7th year extension?
 
Dude,
Few things I would recommend you based on the experience

Find out the reason for denial .Keep bugging the lawyer to find out the reason for dneial and get all the support document needed to overcome the denial as you have to file MTR/Appeal within 30 days

Ability to pay could be the on can be easily overcome if your employer co-operates with you an he has enough finances.

Filin for MTR is a good idea if you can produce enough evidence to overcome the reason for denial.
But if there is a time constrain for getting all the document together, you shoul go for refiling I-140 if your P is current.
 
ravi_invincible said:
Hi guys,

Yesterday July 24th, i got the following email from USCIS

"Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: We mailed you a decision.

On July 24, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."


Looks like my I-140 also got denied but i have to wait for the letter to see the reason for the denial.

My question is:-

What is the difference between MTR and Appeal?
Click to expand...
MTR = Motion to reopen. (290A). No form, just write a letter to USCIS to reconsider the decision. Send it along with the documentation to overcome the reason for denial. If service center is not satisfied with the documentation provided, they deny the MTR.
Appeal = MTR + Appeal (290B). Same as MTR, but if service center is not satisfied with the documentation provided, they cannot deny the case there. They will have to send it to AAO (Administrative Appeals Office). Then AAO makes a decision on it.
There are lot of posting from the people whose I-140 got denied, but do anyone know that of any case that get approved after MTR/ Appeal?
Click to expand...
Yes, my case got approved after MTR/Appeal. Read the thread (link) in my signature.
I-140 - 365 days rule for H1b extension

What are my options if my I-140 gets denied? I am in the 5th year and my H1b will expire in feb, 2009. Should I apply for the new labor to get the 7th year extension?
Click to expand...
If your appeal is pending, you can get H1 ext. If you see there are no chances of 140 approval, you may want to consider applying a new LC.
Is there any rule as to apply labor x number of days before your sixth year expiration to get the 7th year extension?
Click to expand...

Yes, the LC should be more than 365 days old (applied), but recently this is what is happening. If your LC is approved and also your 140 is approved, then you can get H1 ext, even if your LC is not 365 days old. IMO, this is not a rule but exception. Consult with your attorney before making this decision.
 
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