Tracker for appeals/MTR

I have already checked with the lawyer and he hasn't recieved it.
Thanks for your input.
I know something is going on but I was wondering if someone recieved this message for their application what kind of decision they got, positive or AAO denied it.

Thanks
 
Hi
Maybe this is not a porper place to post. but can someone please tell the legal fees if any to file an Appeal / MTR?
This is urgent.
Thanks.
 
MTR Message

HI,
My 140(EB2) got denied on the basis of edu.I am mechanical engineer + 1 yr PGDCA and my labor was filed with computer science in Part H.NSC denied the application afer an RFE and we filed an I290 B form.Since the new form says you can select only one box,either MTR or APPEAL.We selected MTR/Reconsider.Now see an online message on my 290B LIN that "Decision has been mailed".This means my 290B has been denied.Will i get a chance to Appeal my case once again.My H1 expires this Nov.I am applying a new labor.
.I need the Appeal receipt to extend my H1.
Please advice
 
Looks like, my I-140(applied with substituted Labor cert.) got denied for reasons yet to be known(waiting on the notice).

I have a question, Can I apply a new I-140 with my original Labor Cert. which was approved back in Aug-2006?? Does the new DOL rule which states that 180 days time period come in to affect and they will reject/deny the case.

Please advise....
 
What to choose in I-290B I-140 MTR/Appeal form

Hi Gurus / Experts,

I'm in the same boat like many of you, My case detail is below.

LC filed SEP-2004
LC clear under EB3 in March-2007.
Applied I-140 premium processing (NSC)
Got RFE in May-2007 (Need to prove 5 years of experience).
Replied RFE AUG-2007.
Filed I-485 AUG-2007.
6th year of H1B expiring Feb-2008.

When we replied we argued that "USCIS has no right to ask about the education and experience, it's DOL's job". We gave reference of Court judgments based on that. Even though we submitted experience letters we had so far (Those documents worked OK for initial H1b, H1b renewals and LC).

Recently I received I-140 denial (5 years experience didn't accepted by USCIS, They accepted
40 months out of 69 months from the letters we submitted) in which we are not considering my current company's experience which is 20 months before filing LC.

I have collected the experience letters on letterhead from my previous employers with missing details and some old payslips and ready to reply my I-140 denial and filing H1B 7th year extension.

I go through the form I-290B Appeal / Motion and confuse as there are 6 options and we can choose only one.

What should I choose, as I want USCIS to consider my additional documents and if they finally don't change their mind anyhow then they should consider my application as appeal as well.

My lawyer is going to file a fresh I-140 as well (To secure my 7th year H1B renewal), I don't know if he can link the new I-140 with the I-485 already filed.

Do I need to file I-290B first and then the new I-140 or other way around or the sequence doesn't mater.

I would like to know if somebody already passed through the same situation can help me.

Please help me if anybody knows anything. I appreciated your time and advise in advance.

Thanks
 
USCIS don't accept the experience with the same employer.
Trick to it this is if labor is for somebody else(slight different job skills) then if you want to subsitute it then you can use the experience with the same employer(since they don't accept substitute labot any more thats not valid anymore).
My suggestion is go with the fresh I140, although you might want to file MTR(Motion to Reopen).
One more thing is if labor doesn't mention post baculerate experience specifically then you can use some work experience before your bachelor's or master degree also.(Like any time if you have done some part time work before your bachelors degree ).
If you can get your employer to file Perm that will also a good idea.
 
GC_Ven said:
Looks like, my I-140(applied with substituted Labor cert.) got denied for reasons yet to be known(waiting on the notice). My guess, Education evaluation as I have a 3 yr bachelors from India and I have a 1 Yr PGDCA.
Please advise....
Click to expand...

Reason for denial is stated as 3Yr Indian degree is not equivalent to U.S. Bachelor's degree. Education evaluation was also submitted with the initial petition, I am not sre if the USCIS has even considered the evaluation. plus 6.11 yrs of experience before joining the current job.

Lawyers are going to file an appeal. Later a new I-140 will be applied base on my own Labor certification. Plans are the apply for a new Labor thru PERM immediately.

I have one question for the guru's, as my Finger prints are already done. If in case the new I-140 is approved should i go through the Dr certificaion and all that process again????????? and apply 485 and again give the Finger prints:confused:
 
GC_Ven said:
Reason for denial is stated as 3Yr Indian degree is not equivalent to U.S. Bachelor's degree. Education evaluation was also submitted with the initial petition, I am not sre if the USCIS has even considered the evaluation. plus 6.11 yrs of experience before joining the current job.

Lawyers are going to file an appeal. Later a new I-140 will be applied base on my own Labor certification. Plans are the apply for a new Labor thru PERM immediately.

I have one question for the guru's, as my Finger prints are already done. If in case the new I-140 is approved should i go through the Dr certificaion and all that process again????????? and apply 485 and again give the Finger prints:confused:
Click to expand...


I just got the information from my Law firm that education evaluation was done by The Degree People.
 
GC_Ven said:
I just got the information from my Law firm that education evaluation was done by The Degree People.
Click to expand...
GC_Ven:
Sorry to hear about your case. I got an RFE on education for my sub I140 and attorney is replying this week. If I140 is denied, then what happens to I-485 liked to this I140. Is this I485 rejected immediately? I am traveling outside the country next week and never used AP and thought of using it this time. But my attorney suggested me to use H1 (need to go for stamping).

Hope your appeal goes through and eventually get approved.

Thanks!
 
hellogc_2006 said:
GC_Ven:
Sorry to hear about your case. I got an RFE on education for my sub I140 and attorney is replying this week. If I140 is denied, then what happens to I-485 liked to this I140. Is this I485 rejected immediately? I am traveling outside the country next week and never used AP and thought of using it this time. But my attorney suggested me to use H1 (need to go for stamping).

Hope your appeal goes through and eventually get approved.

Thanks!
Click to expand...

If I-140 gets denied 485 is denied automatically, your lawyer is correct do not use your AP till your 140 is approved.
 
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Urgent Question

Our I-485 was denied in August 2007. We filed MTR the same month. Today I got an e-mail that they have mailed a decision to our MTR. How usually the e-mail looks like if the case was reponed? Do they say your case has been reopened or do they send this generic response either way? Any one had this experience, please share with us.

Your help is greatly appreciated.
 
Last edited by a moderator:
Try:
(800) 375 – 5283
1-2-2-6-1 and then enter your case number - It is automated system that that should give you the decision.
 
I have a question, when a case is reopened with MTR / APPEAL will the case be given a new number or will it continue on the old number given for the first time.
 
Dear all,

I have filed I-140/485 concurrent in April 2007, completed FP in Aug and just got EAD in Oct'07. My H-1 and H-4 for family is also extended up to Oct' 2008.
I have below question:
Can my family use EAD ? If yes, is there any problem if my any I-140/485 is denied ? Please guide me.
Regards,
Ram
(Joan327@hotmail.com )
 
GC_Ven said:
I have a question, when a case is reopened with MTR / APPEAL will the case be given a new number or will it continue on the old number given for the first time.
Click to expand...

Just to add to what Kapsy30 said:
You will get new receipt number for MTR, but your 140/485 etc receipt numbers will remain the same.
 
Ramakrishna58 said:
Dear all,

I have filed I-140/485 concurrent in April 2007, completed FP in Aug and just got EAD in Oct'07. My H-1 and H-4 for family is also extended up to Oct' 2008.
I have below question:
Can my family use EAD ? If yes, is there any problem if my any I-140/485 is denied ? Please guide me.
Regards,
Ram
(Joan327@hotmail.com )
Click to expand...


Looks like you have already done some home work.... Yes, they can use EAD. If they use EAD...
> and if your 140 gets denied, so does your 485 and 485s for family and they are all out of status. EADs also gets denied.

Not too sure about this one, but I think it is true also
> If your 140 stays valid, but 485 gets denied, then again their 485s get denied and so on...

> If any of the family 485 gets denied, that members is out of status.

I think there is one wayout though, if you stay on H1 and they use EAD. As soon as 140 or any 485 gets denied, they should be able to conver back to H4. But if you also use EAD and loose H1, then I do not see any easy way out.

Once your 140 gets approved, it is considered safer to use EAD because there are less chances of 485 denial by itself.

Hope it helps.
 
Erics,
If primary works on H1B and dependent starts working on EAD and in the future say I140 & I485 gets denied then immediately dependent should file for their H4 again based on the same application .. This is kind of confusing since H4 is already stamped on their passport and once I485 gets denied they apply same H4 again.
I have seen all over the forum, I hope we ask Rajeev Khanna about it.

I am not sure if anybody has done this before. May be somebody can share their personal experience.
 
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