Tracker for appeals/MTR

RFE sent

Hello Gurus,

I received an email yesterday that USCIS has sent an RFE (2nd). While I have to wait and see what it is, I have question..

I have a 140 approved in EB2 which has priority date Jan,2006. I am also persuing the 140 in EB3 (priority date of April, 2003) to capture its priority date. Both of these labors are mine and from the same company.

Is there a chance that USCIS might say that I have a 140 approved in EB2 and why I would need this Eb3 140 approved? since these two are for different positions in the company. Did anybody got such a query?

Please let me know if anybody have answer to this question.

Thanks for your response.
 
EricS said:
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.
Click to expand...


If 140/485 receipt numbers will be the same then, can I expect to see some action in the LUD part or the message change to some thing like the case has been reopend etc etc....
 
Finally my GC approved... a MTR case..

Hello all

My 10+ years of painful journey has come to an end.....

My GC has been finally approved after an arduous journey with lot of headaches and ups and downs.

Please see my signature and let me know if I'm of any help for any of you or even you need any suggestion, you are always welcome.

Lot of people have helped me to reach my destination in these past few years, especially ERICS(man of goldern heart).

Thanks a lot to all the seniors in this process for sharing their experience/thoughts/ideas/suggestions to others to reach our goals...please be patient ...I'm sure all of you will be relieved pretty soon...

Thanks
Gopal
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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 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.. it is on DOL for the duplicate labor.) - Jan 2007
I-485 - Got re-opened on USCIS motion in Jan 2007
I-485 (wife's) opened in Jan 2007
Filed for 4th EAD and AP filed in July 2007 and approved in Sep
140 approved on Aug 05 2007 (Magic mail from CRIS)
GC approved on Oct6th :D :)
Waiting on wife's 485 still....
 
Last edited by a moderator:
YRGOPAL said:
Hello all

My 10+ years of painful journey has come to an end.....

My GC has been finally approved after an arduous journey with lot of headaches and ups and downs.

Please see my signature and let me know if I'm of any help for any of you or even you need any suggestion, you are always welcome.

Lot of people have helped me to reach my destination in these past few years, especially ERICS(man of goldern heart).

Thanks a lot to all the seniors in this process for sharing their experience/thoughts/ideas/suggestions to others to reach our goals...please be patient ...I'm sure all of you will be relieved pretty soon...

Thanks
Gopal
Click to expand...

Congratulation! that is a very good news. This is what I was hoping. Once they are on the case (like appoving 140), if they see that the 485 is approvable, they will approve it. I think it has been almost 2 months since you received your 140 approval. Very good.

Regarding your wife's case, as I see from the signature, her 485 was already re-opened in Jan. I think she should get the approval in about 2 to 4 weeks.

Best of luck!
 
kapsy30 said:
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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This is how I see it, the fact that H4 is stamped on the passport is irrelavent. It is just a stamp, you cannot use it to enter the US because when they scan your H4 at the point of entry, they will come to know that it is not valid.

I also do not know of anyone who has done this kind of change of status, but i think it should be possible. Some one should definitely ask a good attorney and may be share with everyone. I think Rajiv Khanna also hosts a free conference call for immigration matter, this can be a good question to be asked there.
 
gcstruggler said:
Hello Gurus,

I received an email yesterday that USCIS has sent an RFE (2nd). While I have to wait and see what it is, I have question..

I have a 140 approved in EB2 which has priority date Jan,2006. I am also persuing the 140 in EB3 (priority date of April, 2003) to capture its priority date. Both of these labors are mine and from the same company.

Is there a chance that USCIS might say that I have a 140 approved in EB2 and why I would need this Eb3 140 approved? since these two are for different positions in the company. Did anybody got such a query?

Please let me know if anybody have answer to this question.

Thanks for your response.
Click to expand...
I do not have a definite answer, but IMO, as the LCs are for 2 different positions, USCIS should not have any objection to it.
 
Thanks a lot ERIC

I have checked up with IO this morning and was informed that my wife's case is with an officer and she said that I can expect an answer in few weeks time.

Hoping to see my wife's approval too very soon....

Thanks again for all the help and valuable suggestions in this painful journey...

I see you all the time in the forum answering questions to lots of people. May god bless you and your family with good health and wealth.

Thanks again for your kind heart !!!

Gopal
 
GC_Ven said:
Can anyone answere this please....
Click to expand...

Yes, once they start processing the MTR, you should see some LUD updates on 140 and 485. In rare cases, there are no LUDs.

The message change on 140/485 to "re-open" will happen only when they have made a decision on the MTR.
 
Waiting on 290B I140 appeal since now more than one year. Appeal was filed on Jan 2006. Another labor application got approved after this. Going to file another application on this new labor application. I know there are lot of people who are in similar situation. Anyone received any update on their 290B application?
 
My appeal got dismissed Last month. They took the decision after 21/2 years.
Its been pending since July 2005.

kukuchaku said:
Waiting on 290B I140 appeal since now more than one year. Appeal was filed on Jan 2006. Another labor application got approved after this. Going to file another application on this new labor application. I know there are lot of people who are in similar situation. Anyone received any update on their 290B application?
Click to expand...
 
What is A number

Folks,
I have a SRC#. When I call the court number, I am asked for a A#. Any idea as to how I can get a A#.

Thanks
Sunil
 
I refiled my I140 with the same labor.
My denial was a2p and it was based on Company financial for one year got me, but since then I am getting preffered wages so I hope some positive results might come but I am also applying I140 based on my Perm approved labor incase this gets denied again.
You can appeal an appeal but what I learn in appeals you have to have solid ground to appeal as they can get deep in to the case and based on that information they can dismiss the appeal. My advice to all the people is to refile I140 with good paper work as they look at it as fresh case.


dryheat said:
So what now? Can you appeal on the appeal?
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Tracker Processing Time

Have you all seen the PR time for EB3 NSC today. I 140 EB3 has retrogressed. As of 15th Sept '07 it was 15th Nov 2006. As of 15 Oct '07 it is 14th Nov 2006. Is it a typo error or no applications in Skilled worker or Professionals is looked into.
Any inputs on this.
PD Feb 2001
Labor Perm AP May 2006
I 140 EB3 PP denied on A2P for 1 yr.
Refiled I 140 RD 02/06/2007
LUD 02/26/07
Waiting.
Any approvals with same date.

Attorneys any inputs. Need to say Good Morning to NSC. TSC has woken up. Time period in all categories is only 6 months. BRAVO!!! Need to appreciate their good work. Vermont gone into hibernation.
 
waiting in I 290 B

kukuchaku said:
Waiting on 290B I140 appeal since now more than one year. Appeal was filed on Jan 2006. Another labor application got approved after this. Going to file another application on this new labor application. I know there are lot of people who are in similar situation. Anyone received any update on their 290B application?
Click to expand...

HI,
I am in a similar situation.I moved an MTR against my denied I140 (EB2----Education issue) which was denied and then applied for an Appeal on 30th Sep 2007.I thought that both(MTR and Appeal) would be taken care in the same application.After my denial of MTR i came to know that unlike the previous forms, the new I290 B form allows you to select either MTR or an Appeal.Now, after my MTR was denied i applied for an APPEAL and got a receipt.It shows that the case is still pending at NSC .Doesnt even show if it is moved to AAO.I applied for another 140 on same labor,this time on EB-3 in Aug 2007.That is also pending.I got my 8th year H1 ext with the same.I got my fresh perm started and now the labor is approved.I want to apply for fresh I-140 with the new labor.Would there be any issues since i have an appeal pending on EB2 and 140 pending in EB-3 with the old labor and i would be applying another I-140 with the new labor.Please share your comments and suggestions.
 
RFE on Appeal

Anybody received RFE on appeal? My attorney has received RFE on my appeal, we filed more than 2 years back. I have a meeting with attorney on Friday to go over the RFE. I will know more details later. Thanks.
 
AC21 portability while MTR/appeal pending

My understanding from (yates memo) is that AC21 portability can be used when I-140 is pending and 180days have passed since I-485 was applied. It also suggest that when AC21 portability is used, the officer can not reject the I-140 if he felt that it would be rejected on the grounds of ability to pay from the 1st employer.

My question is:

Can AC21 portability can be used when I-140 MTR/appeal is pending and its 180 days past the I-485 applied date?

If yes, then would the I-140 be approved simulatenously with AC21 application? If it is, then would the approved I-140 go to the new employer or the old employer?

Any comments Gurus?
 
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