Tracker for appeals/MTR

Employer's finances -- crucial in the I-140 game.

SaiGC2004 said:
Lohith,

Mine is a MTR (MOTIC) applied on 6/22/04 and as of now there is no update. Even my LUD never changed on any of my applications. My I-140 was denied due to "ability to pay". I joined this company once my Labor was cleared from them. Most other guys from the same company got the I140's. My employer is ready to apply another I140 with a substitute labor. Is is it advisible? I am on project since I joined this company and have all my paystubs. I would like to use this opportunity..what you suggest?

did you apply ur 2nd I-140 from the same company??
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Mine is same LC from same employer as I couldn't get any substitute LC from better employer and I'm on 8th yr H1 ext which narrows my options to very few. I didn't know the AAU's bleak approval rate until mine was overturned.

Thanks to this forum & 'unitednations' thread - As promised - How to overcome ability to pay issues - http://www.ImmigrationPortal.com/showthread.php?t=137088&goto=newpost
which provides more insight to make up your decisions/options/move on employer's finances. In few words, employer has to prove 'ability to pay' since LC filing date.
 
unitednations said:
Ricky, big difference in your case was that you submitted audited financial statements for the LLC. From what I remember there was enough net income for the full amount of proferred wage. Is that correct or did you still have to use proration.

I know your plan was to show proprietor 1040 but I don't think they considered it as the legal form shields the owner from liabilities.

Please confirm for everyone whether in 2003 the net income or current assets-current liabilities of the LLC was enough to overcome difference in proferred wage/actual wage.
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Yes I did in fact submit the audited financial statements (accural basis) and the net income was suficient to cover the profered wage. In 2003 the net income ol LLC was enough to overcome the difference in proffered wage.
 
Fellow members,

Yesterday I got an email from USCIS. The LUD on I-290B had changed to 09/23/2004 with the following message:

On September 22, 2004, we received this case back from the Administrative Appeals Office. If any further action is appropriate, we will notify you when it is taken.

Any idea what this could be?? for better or for worse?? I have no idea.

Any comments is appreciated.

Thanks
 
shriyaz said:
Yes I did in fact submit the audited financial statements (accural basis) and the net income was suficient to cover the profered wage. In 2003 the net income ol LLC was enough to overcome the difference in proffered wage.
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Shriyaz,

What did your I290B message change to??
 
unitednations said:
What's the 140 message. Reason I ask this is that when I was examining some administrative decisions, uscis made the mistake of now blocking out the receipt number. When I checked the receipt number on-line they had same message as yours for both approvals and denials. Therefore, it is difficult to conclude whether they approved or not unless your 140 has changed.
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I140 has the following message and LUD of 09/09/2004

On August 3, 2004, your I140 IMMIGRANT PETITION FOR ALIEN WORKER was received here for processing. It is taking between 30 and 60 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.


Thanks
 
unitednations said:
What's the 140 message. Reason I ask this is that when I was examining some administrative decisions, uscis made the mistake of now blocking out the receipt number. When I checked the receipt number on-line they had same message as yours for both approvals and denials. Therefore, it is difficult to conclude whether they approved or not unless your 140 has changed.
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By the way what would the I-140 message be on an approval???
 
unitednations said:
140 message will change to either motion to reopen or approved. If they have denied then message will not change.

Can you post the timeline. It seems that the case went to appeals unit in August and then appeals unit made a decision within one month. That would be record breaking time.
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I was wondering, if the AAU denied the case, why should the Case move back to USCIS(as in the 290b message)?? Anyway As you said with USCIS anything could happen. so let us wait and see what it would be.
 
frust2004 said:
I was wondering, if the AAU denied the case, why should the Case move back to USCIS(as in the 290b message)?? Anyway As you said with USCIS anything could happen. so let us wait and see what it would be.
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can you give some detials about ur case. like the time when it got denied, which center, when u filed for MTR/Appeal and other relavent info.

its my guess...u got to confirm this......it happens sometimes that USCIS denies the MTR and sends the case to AAU. AAU initially looks the case from the top and sees if there is some wrong decision by USCIS officer. If the see the wrong decision they send it back to USCIS pointing out the wrong decision and later USCIS reopens and checks it again.

as with ur case i guess this is what has happened. they reiewed ur Appeal, denied it and sent it AAU, AAU checked the decision and sent it back to USICS pointing out the wrong decision done. now USCIS will review it agian and make the decision, which normally would lead to approval.

correct me if i am wrong UN.
 
vicky_usa said:
can you give some detials about ur case. like the time when it got denied, which center, when u filed for MTR/Appeal and other relavent info.

its my guess...u got to confirm this......it happens sometimes that USCIS denies the MTR and sends the case to AAU. AAU initially looks the case from the top and sees if there is some wrong decision by USCIS officer. If the see the wrong decision they send it back to USCIS pointing out the wrong decision and later USCIS reopens and checks it again.

as with ur case i guess this is what has happened. they reiewed ur Appeal, denied it and sent it AAU, AAU checked the decision and sent it back to USICS pointing out the wrong decision done. now USCIS will review it agian and make the decision, which normally would lead to approval.

correct me if i am wrong UN.
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I was assuming this too. First it would be an MTR and goes to the same officer who denied the case. If he still don't budge, it will be sent/transfered to the AAU. After that, based on the AAU decision it will be sent back to the SERVICE CENTER.
My question is if the AAU thought that the case is not strong and they denied the case, would it go back to the service center???

My case got denied in June-2004(education)
Appealed in July-2004 , Transfered to AAU on Aug-2004,
First LUD on 290b and 140 on 9/9/2004,
and yesterday LUD/message on 290b changed.


Anyways I am prepared for the worst as always with USCIS.
 
shriyaz said:
The Motion to reopen Message did not change ot anything for me

Thanks
Ricky
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I don't think you case was transfered to AAU.
Before that your MTR was considered and reopened your case.
 
I believe your case was considered by AAU. the thay sent back to NSC.
SO Service cented has to approve the case.

good luck...

frust2004 said:
I was assuming this too. First it would be an MTR and goes to the same officer who denied the case. If he still don't budge, it will be sent/transfered to the AAU. After that, based on the AAU decision it will be sent back to the SERVICE CENTER.
My question is if the AAU thought that the case is not strong and they denied the case, would it go back to the service center???

My case got denied in June-2004(education)
Appealed in July-2004 , Transfered to AAU on Aug-2004,
First LUD on 290b and 140 on 9/9/2004,
and yesterday LUD/message on 290b changed.


Anyways I am prepared for the worst as always with USCIS.
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bcis said:
I believe your case was considered by AAU. the thay sent back to NSC.
SO Service cented has to approve the case.

good luck...
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Thanks bcis.

I Hope too.

I will keep you posted what ever happens
 
What are liquid assets

Hi Furst2004 and All!

One question:
At the time of submitting 209B appeal, my company has resubmitted the financial documents (which I have never seen) based on the liquid assets and it is claiming that liquid assets are more than adequate to meet its commitments. Will it be accepted by BCIS immigration officer! How is it different from cash accruals and other financial figures which are coming into picture with 290B appeal? My company is x LLC.

Regarding Frust2004 290Bs refusal by AAU is a good sign and now that is suppose to be approved by BCIS and I am unable to fore see any other outcome.
Thanks,
 
MTR update

Hi Guys

My case is transfered to AAU for further review. the status got updated today and man thats a bad news. well i am abonding my case here and will not pursue this anymore.

going to change company in a maximum of 2 weeks period of time who has a processed labor and rejoin the race again. i wish all the guys good luck........

vicky
 
vicky_usa said:
Hi Guys

My case is transfered to AAU for further review. the status got updated today and man thats a bad news. well i am abonding my case here and will not pursue this anymore.

going to change company in a maximum of 2 weeks period of time who has a processed labor and rejoin the race again. i wish all the guys good luck........

vicky
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Please give more details on your 209B message. Is I140 Ldate changed too?
 
shaisha2 said:
Please give more details on your 209B message. Is I140 Ldate changed too?
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The LUD for 290 and 140 changed today with the following message in both the application:

On September 27, 2004, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
 
vicky_usa said:
The LUD for 290 and 140 changed today with the following message in both the application:

On September 27, 2004, this case was transferred to our Administrative Appeals Office for review. That office will notify you of any further action taken on this case
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Why is it bad news? Your MTR was denied and transfered to the AAU, If the the AAU is convinced, your case wil be approved.

So don't lose hope yet.

Good luck.
 
frust2004 said:
Why is it bad news? Your MTR was denied and transfered to the AAU, If the the AAU is convinced, your case wil be approved.

So don't lose hope yet.

Good luck.
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success rate at AAU is 5 to 10%. and mostly they just copy and paste the same decision as given by the service center. i dont wnat to wait for 1 year to hear the same thing agian. it will not be a wise decision
 
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