Tracker for appeals/MTR

Hi,

Any body got AAU decision? what's processing priority date in AAU?
So far no one posted thier AAU decission over here?

Please post the developments on the appeals which helps this victims.

Thanks.
 
UnitedNations,
Hi unitednations,

I thought you would be the most Knowledgeable person to ask about few queries related to MTR on 140 and related.

Here is my case details, you have already answered on this thread few of my queries.
http://boards.immigrationportal.com/showthread.php?t=143603

My current status is My h1b 6th year is ending in may 2005 and i used a substitute labour to file for 140/485 which was rejected on "company ability to pay".

We filed a MTR on 6/09/2004 and there was one update on the date on 8/13/2004 for all my and mywife's EAC numbers(140,485,AP,EAD) but no change in the status since then.

come tomarrow it will be 6 months since we filed our MTR and i will be calling service center tomarrow and ask for a referal on the case.


Questions:
1. Can i reapply 140/485 again using the same substitute labour.
2. If reapply is possible then can i apply for a 7th year H1B extension.

Pls let me know your thoughts and any website discussion threads ref will be greatly appriciated.

Thanks,
Path2gc
 
let me know...

Path2Gc,

Even mine is a MOTIC MTR on ability to pay and no update on any of our files including MTR, i140, 485 etc. i am go hit the 6month pending mark on Dec 22nd. So please let me know the outcome of your case status referal

-sai
 
just now called the customer service and asked them to open a case enquiry on my MTR which is due today(6 months).

I read lot of them using a term called "Case Referral" in the forum.

Case enquiry and Case Referral are they same.
 
what did they say???

Path2gc,

What is the response from them? Mine is almost 6 months old now so I am going to call them again next week. I called after 4 months, that time representative told me to write a letter to Nebraska service Center if there is no response in 6 months.

All,

Any idea what should I mention in the written communication with INS?
 
they asked him if i had written to the service center, replied no.
CS rep said that she is going to open case enquiry and took all my case details.
 
Appeal Case Status

User -------->Dt_Applied->Denial_Reason ----->Moved2AAU Dt>EB-->Current_Status
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++++++++++++++++++++++++

seabird------>01/01/2004-> education---------->07/XX/2004->EB2->Approved in AAU on 11/24/04
bcis -------->06/22/2004-> education/--------->08/24/2004->EB3->Waiting
saigc2004 --->06/17/2004-> ------------------->XX/XX/XXXX->EB3->comp financial status
kclee60 ----->09/05/2003-> edu eval.---------->03/11/2004->EB3->Case transferred to AAO
kkt_tkk ----->06/14/2004-> education---------->XX/XX/XXXX->EB3->denied on July6th, 2004
parvardigar-->07/14/2004-> ed&Abil2pay-------->08/03/2004->EB3->
kans19 ------>04/27/2004-> lack of documents-->08/05/2004->EB3->we responded2ur request
member77 ---->08/xx/2004-> a2p(ability to pay->XX/XX/XXXX->EB3->
lc2003 ------>11/04/2004-> education---------->XX/XX/XXXX->EB3->Receipt information
lin04 ------->10/06/2004-> a2p SalGapH1&Labor->XX/XX/XXXX->EB3->Receipt information
kamma ------->08/09/2004-> a2p---------------->08/19/2004->EB3->
dazzling ---->11/01/2004-> education --------->XX/XX/XXXX->EB2->Receipt Notice
marooti ----->10/12/2004-> education --------->12/06/2004->EB3->
atulh-------->05/24/2004-> ability topay------>10/24/2004->EB3->Case transfered to AAO
jprangi------>-------------------------------->06/28/2004->EB3->Case transfered to AAO
 
Last edited by a moderator:
AAO is one central office ?

BCIS,


Thank you for adding and updating the appeal records.

Do you have any idea whether AAO office is one central unit or each service center got theier own AAO.

If it's central unit, we may try to have all 4 service centers records to keep track in one place.
 
C Blo


lc2003 said:
BCIS,


Thank you for adding and updating the appeal records.


Do you have any idea whether AAO office is one central unit or each service center got theier own AAO.

It's unique... Central office

If it's central unit, we may try to have all 4 service centers records to keep track in one place.

Sure, Please try to get case details which belongs to other service centers
 
question on 485 status if MTR is approved

Guys,

I heard a conflicting news on status of 485 even if MTR on 140 is approved. My company says, even if MTR is apporved, I485 is not considered as automatic process. We need to apply for it again n there is no appeal on 485. This is based on the following statement in 485 denial notice. Is it true???

"Service records indicate that the petition for an immigrant worker (Form I140) which was filed in your behalf concurrently with your Form I485 application, has been denied.

The regulations do not provide for an appeal to this decision. Employment authorization requested or granted pursuant to Title 8 Code of Federal Regularions Part 274a.12(c)(9) is also hereby effectively terminated."
 
SaiGC2004 said:
Guys,

I heard a conflicting news on status of 485 even if MTR on 140 is approved. My company says, even if MTR is apporved, I485 is not considered as automatic process. We need to apply for it again n there is no appeal on 485. This is based on the following statement in 485 denial notice. Is it true???

"Service records indicate that the petition for an immigrant worker (Form I140) which was filed in your behalf concurrently with your Form I485 application, has been denied.

The regulations do not provide for an appeal to this decision. Employment authorization requested or granted pursuant to Title 8 Code of Federal Regularions Part 274a.12(c)(9) is also hereby effectively terminated."
In my case my lawyer in the brief mentioned in the end that USCIS reopen my denied 485 and my wifes denied 485. I am yet to get a decision on it.
 
bcis said:
User -------->Dt_Applied->Denial_Reason ----->Moved2AAU Dt>EB-->Current_Status
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++++++++++++++++++++++++++++

seabird------>01/01/2004-> education---------->07/XX/2004->EB2->Approved in AAU on 11/24/04
bcis -------->06/22/2004-> education/--------->08/24/2004->EB3->Waiting
saigc2004 --->06/17/2004-> ------------------->XX/XX/XXXX->EB3->comp financial status
kclee60 ----->09/05/2003-> edu eval.---------->03/11/2004->EB3->Case transferred to AAO
kkt_tkk ----->06/14/2004-> education---------->XX/XX/XXXX->EB3->denied on July6th, 2004
parvardigar-->07/14/2004-> ed&Abil2pay-------->08/03/2004->EB3->
kans19 ------>04/27/2004-> lack of documents-->08/05/2004->EB3->we responded2ur request
member77 ---->08/xx/2004-> a2p(ability to pay->XX/XX/XXXX->EB3->
lc2003 ------>11/04/2004-> education---------->XX/XX/XXXX->EB3->Receipt information
lin04 ------->10/06/2004-> a2p SalGapH1&Labor->XX/XX/XXXX->EB3->Receipt information
kamma ------->08/09/2004-> a2p---------------->08/19/2004->EB3->
dazzling ---->11/01/2004-> education --------->XX/XX/XXXX->EB3->Receipt Notice
marooti ----->10/12/2004-> education --------->12/06/2004->EB3->
atulh-------->05/24/2004-> ability topay------>10/24/2004->EB3->Case transfered to AAO
jprangi------>-------------------------------->06/28/2004->EB3->Case transfered to AAO
BCIS, I am eb2. Can you please correct the tracker above.
 
Hello Sai,

There is no conflict, do not worry about 485. if your 140 is approved then automatically Service center will reopen all cases which are depend on that 140.


Thanks,

SaiGC2004 said:
Guys,

I heard a conflicting news on status of 485 even if MTR on 140 is approved. My company says, even if MTR is apporved, I485 is not considered as automatic process. We need to apply for it again n there is no appeal on 485. This is based on the following statement in 485 denial notice. Is it true???

"Service records indicate that the petition for an immigrant worker (Form I140) which was filed in your behalf concurrently with your Form I485 application, has been denied.

The regulations do not provide for an appeal to this decision. Employment authorization requested or granted pursuant to Title 8 Code of Federal Regularions Part 274a.12(c)(9) is also hereby effectively terminated."
 
jprangi-------->01/29/2004-> Job Requirement Does not Need MS ------>06/28/2004->EB3->Pending from AA0
 
granted an extension

My I140 status updated with the following information.

As per my attorney, they already sent out the brief to CIS.

why do I get this message ?, I appreciate all your inputs.



On December 13, 2004, we granted an extension to file a brief in support of this case. The case is currently on hold pending our receipt of the brief. The brief must be submitted within the extension period given in the notice.


I290B - LUD updated with the same day.
 
Can u post more on this...are u talking about 7th year ext?



lc2003 said:
My I140 status updated with the following information.

As per my attorney, they already sent out the brief to CIS.

why do I get this message ?, I appreciate all your inputs.



On December 13, 2004, we granted an extension to file a brief in support of this case. The case is currently on hold pending our receipt of the brief. The brief must be submitted within the extension period given in the notice.


I290B - LUD updated with the same day.
 
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