Tracker for appeals/MTR

member77 said:
My Appeal has a priority date of Aug 17th, 2004
Text message has not changed, LUD for I129B has changed 4 times.

It changed on 9th,10th of sep. and now on 20th,21st sep.

I am trying to be optimistic.

What do you guys think is happening?
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Its very hard to say what is happening.......my 1st guess would be that the adjusticator might have recived the papers and he/she might have reviewed it. then they may send it to their supervisor with their views on the same and await for the feedback....this is all a guess work.....i am not aware of any such procedures. the updates might be happening as they might be writing down some notes in the system and saving the details.....these notes are for their interoffice reference. once they write some notes then the LUD might be getting updated.

for my case (filed in Aug 1st week) the date changed on September 3rd and then again on September 6 (its labor holiday on sep 6th). there is no activity from that day onwards....msg is same and there is no change in the message in 140 and 290.
 
Old juice in new bottle

Hi Member77 and everyone,
I am giving my case as Member77 suggested. I have my information in other threads and joining this thread now.

Conc filing 140/485/ead/ap rd 11-28-03
nd 12-01-03
rfe on 140 - 02-01-04 on comp financial ability to pay
rfe responded on 04-15-04

140 denied on 07-07-04

290B is applied 08-10-04
that means my employer answers all queries on the last day

LUD changed only in 290b on 09-21-04 i.e. today to 09-21-04.

The way my employer(consulting company x) and attorney are talking to me are that I will have +ve decsion. Probably it is the same thing everyone.
I am completing 6 years in Nov-04.
My end client(company y) is ready to do whatever I want him to do to keep me in the status. My end client is capable of filing GC from New Hampshire as well as Maine but still I am running out of time....
Any ideas from you guys will be great help.
Thanks,
Sarwarmd
 
Gosh this LUD'ssss are nail biting issues.....they just flicker with the dates and come up with a fresh LUD. and we end up here being tensed and nail biting.....last change in LUD is Sep 6th with no fresh updates. will keep u guys posted.

i request other members who are in same boat to post their experience. from what i gathered for few guys there is a change in LUD after a month of filing MTR/Appeal with no change in messages.

member77 had 4 changes in LUD within 1 1/2 month of filing
sarwarmd had 1 change in LUD within 1 1/2 month of filing
vicky_usa had 2 changes in LUD within 1 1/2 month of filing
 
290B's LUD changed today

Hi,
Today i.e. on 09-23-04 my 290B's LUD changed to 09-23-04....
As usual, it is a tense what is going on...
Thanks,
 
MTR Case Status

Hello All

My LUD for a motion to reopen I140 was updated today 09/23/04. My LUD and message for I140 has also changed. The date is chagne to 09/23/04 and the message is changed to as follows:

"On September 23, 2004, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 90 and 485 days for us to process this kind of case. We will mail you a decision as soon as processing is complete. "

My questions are as follows:

1. Does this mean that they just started working on my case for Motion to reconsider?
2. Does this mean that now they are treating my I140 as a completely new
case as far as their internal processing goes ("90 to 485 days is for a new
case")
3. Based on this can I get my EAD/AP renewed?
4. Has anyone else ever had a similar message for their I140 upon a Motion to
reopen?
5. If none of the above please give your opinions

My case was denied on an "Ability to pay issues at the tiem fo filing" Here are my details:

LC - July 2003
I140/485 - Notice Date: September 2003
EAD approved - January 2004
I140 denied - August 2004
I290B (Motion to reopen) Notice Date: September 7th 2004
LUD on I290B : 09/23/04
LUD on I140 : 09/23/04

Thanks
Ricky
 
Shriyaz

I guess i should congratulate you as ur case is reopened and they will approve it shortly i guess. congrats man......

can u give us some detials on your case like which center u filed the MTR and what argument u presented.

thanks
 
vicky_usa said:
Shriyaz

I guess i should congratulate you as ur case is reopened and they will approve it shortly i guess. congrats man......

can u give us some detials on your case like which center u filed the MTR and what argument u presented.

thanks
Click to expand...

Well we will see about that.

I filed the MTR with VSC and the argument was cash basis against accrual basis. BTW DId your I140 message change besides the LUD?

Thanks
Ricky
 
shriyaz said:
Well we will see about that.

I filed the MTR with VSC and the argument was cash basis against accrual basis. BTW DId your I140 message change besides the LUD?

Thanks
Ricky
Click to expand...

No my LUD only changed for 290 on september 3rd and 6th. after that there is no change in LUD and no change in msg in either 140 or 290.

also i was reading ur post, i saw that u have given an argument of prorated wages. i have also used that argument for the 2002 filing year. my labor filing date is Oct 2002 and company showed loss in 2002. hence the denied my 140. so i used the prorated argument for 140 for 3 months and also i am banking heavly on line of credit from bank. ur approval has given some kind of hope to me.

also can u give us some info about ur company financials like what was the financial in 2001, 2002 and 2003 as u must have submiited these info with ur MTR/Appeal.

if they take my prorated argument for 2002 and for 2003 we r falling only 9000 short of meeting preferred wages. this i think they should consider companies line of credit.
 
vicky_usa said:
No my LUD only changed for 290 on september 3rd and 6th. after that there is no change in LUD and no change in msg in either 140 or 290.

also i was reading ur post, i saw that u have given an argument of prorated wages. i have also used that argument for the 2002 filing year. my labor filing date is Oct 2002 and company showed loss in 2002. hence the denied my 140. so i used the prorated argument for 140 for 3 months and also i am banking heavly on line of credit from bank. ur approval has given some kind of hope to me.

also can u give us some info about ur company financials like what was the financial in 2001, 2002 and 2003 as u must have submiited these info with ur MTR/Appeal.

if they take my prorated argument for 2002 and for 2003 we r falling only 9000 short of meeting preferred wages. this i think they should consider companies line of credit.
Click to expand...


We used he following items to take care of this appeal:

1. Cash Basis Vs Accrual Basis
2. Sole Propritership
3. Prorated Wages.

Please let me know if you need any more information. We are all here to help each other the best we can. Once again remember they have simply reopened my case and not approved. We have jsut covered the first base.

Thanks
Ricky
 
shriyaz said:
We used he following items to take care of this appeal:

1. Cash Basis Vs Accrual Basis
2. Sole Propritership
3. Prorated Wages.

Please let me know if you need any more information. We are all here to help each other the best we can. Once again remember they have simply reopened my case and not approved. We have jsut covered the first base.

Thanks
Ricky
Click to expand...

Thanks Ricky

they reopened your case fast. it took them only 15 days i guess. i am waiting from more than 1 and half months. i am thinking of asking for an case status referral. just want a decision so that i can move on with my life.
 
Shriyaz,

Congrats! Did your company owner show his/her personal assets Since your company is Sole Propritership? If yes that alone might have helped. For most of us this is not a viable option.

I am happy for you and wish you good luck.
 
member77 said:
Shriyaz,

Congrats! Did your company owner show his/her personal assets Since your company is Sole Propritership? If yes that alone might have helped. For most of us this is not a viable option.

I am happy for you and wish you good luck.
Click to expand...


WE are a LLC but a single member LLC. A single member LLC is treated as a sole proprietership by the IRS. We submitted an IRS publication to this effect. I am not sure if this worked or somethig else.

Once again this is NOT an approval but only a reopened case. We have just covered the first base here and are waiting for the approval

Please let me know if you need any additional information and I will be glad to help for I know what we go through when we read the denial letter.

Thanks
Ricky
 
vicky_usa said:
Thanks Ricky

they reopened your case fast. it took them only 15 days i guess. i am waiting from more than 1 and half months. i am thinking of asking for an case status referral. just want a decision so that i can move on with my life.
Click to expand...



Vicky,

Relax it will come soon and I will hope and pray that it is a positive response. Please let me know if I can help you in any way

Thanks
Ricky
 
My cases were sent to appeal unit today.
I will execute the backup plans now.
Good Luck to everyone else in this forum.
 
Fact is, there is less than 11% approval rate in appeals unit (AAO) which will take 6-8 months almost like brand new I-140. So, it's better idea to execute Plan B ASAP.
 
is it advisible

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??
 
member77 said:
My cases were sent to appeal unit today.
I will execute the backup plans now.
Good Luck to everyone else in this forum.
Click to expand...

Hey Member77

sorry to hear about ur case transfer to AAO. Kindly can you update on what happened and what is the message in the 290 and 140 right now.
 
I140 states

On September 23, 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

290B states

On September 23, 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
 
member77 said:
I140 states

On September 23, 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

290B states

On September 23, 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
Click to expand...

Kindly can you update on what information you submitted with reference to your Appeal. What documents u sent to VSC to support the ability to pay issue.
 
Welcome to the boat of AAU!!

Hi Member77,
Welcome to the boat of AAU. It is a big one with a lot of different people, but all with the same dream and thoughts.
 
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