Tracker for appeals/MTR

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Hi, All,
I so far haven't received any updates. But I would like to share this experience with you all. My H1 7th year extension expired on Feb 8th 2005 and me the attorney or my company remembered to renew that. We filed for extension to 8th year on Feb 16th and on April 4th we got that approved but USCIS wrote in that approval that I am not eligible for staying in US. This means that I have to leave and get the H1 Stamped in Chennai. As you all may know that I need to get an appointment in Chennai which was not available through August and I have to stamp this before 8th of August. I got an appointment on 24th of May in Delhi and went to India and got the visa stamped there. I came back on 7th of June and I am still waiting for the 140 appeal to come through.
It was a smooth run in Delhi, the clerk in the Embassy did not asked for any documents or much questions. He asked me three questions. Do you live in USA? Do you work in USA? And what do you do there? I only answered these question. He did not asked for paystubs or W2s or any other documents. Just said a visa will be issued and gave me a sticker that need to be pasted on the TT service envelope.

My appeal for I-140 was received in AAO on August 25th 2004 and the LUD was Sept012004. If anyone who have their appeal around this date got some response please let me know.

Thanks.
 
hi lonely poet,
I have been denied i140-485 on apr2
MTR/appeal filed on may2
N o updates yet.our lawyer didnt extend our H1visa which expired in aug2004 sice we had our EAD by then(A BLUNDER).Denial was due to mix up of evaluation 4yr eng+1yr=BS here.silly but true.they said u cannot combine degree to equate to BS here.Lawyer got new evaluation and a letter from old evaluation for the MTR.
Do u think we can try to apply now for H1 7yr extension or no way since if not approved here in MTR it will go to appeal EB2.PLEASE ADVICE : :confused:
 
sp05,
The appeal will not give you any status. As in your case you already used the EAD that will take you out of the H1 status. If you are still in USA and exit out of the country later USCIS can define you as someone who overstayed the visa. The best course of action should be to justify to USCIS why you did not extended the H1 in an affidavit by the company. That is what my company did. They gave an affidavit signed by the CEO telling the reasons why they did not extended the visa.
Talk to your attorney he will be able to get this done. If you apply and they deny the case you can get out and it won't create any problem in the future as you can justify that you were trying to extend the visa and that is the reason why you overstayed.
I don't know how this whole thing is going to work out for you as you should have done the whole thing within 180 days after your I-94 expired.
In my case all major attorneys told me that I am out of status and I should leave. This includes Mr.Khanna's office. An attorney in Atlanta came out with this idea of affidavit and it worked half way as USCIS asked me to leave the country and get my visa stamped. But my case was within the 180 days period. If you have any more questions please feel free to ask.
Thanks
 
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What's wrong with NSC? I just saw a new post wherein CSC approved I485 whereas I140 says Pending??? Nebraska is holding us back and they take different approach. Something need to be done here seriously.
 
expeditegc said:
What's wrong with NSC? I just saw a new post wherein CSC approved I485 whereas I140 says Pending??? Nebraska is holding us back and they take different approach. Something need to be done here seriously.
Click to expand...
I am with you in this. We can probably write to senators and people in congress to explaining things. I think this was done before but we need to keep trying. If possible we can even try to meet some of these lawmakers and tell them personally.
If others have better ideas, please bring it on. My eighth year extension will expire on the first week of february and I don't know 9th year is an option at all. If things are going on like the way it is right now I may have to wait for another couple of years to get any response from NSC or AAO.
 
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I140 appeal

Hi lonelypoet,
I have few questions on your 140.
1) Why didn't you file a new 140 based on the same labor
2) Do you have any backup plan? That is have you filed a new labor?
3) Why didn't you file your H1 extention 6 months ahead

My 140 got denied and the appeal is sitting at AAO. I will be soon filing new 140 based on the same labor. I just want to find out from you whether you explored the option of filing a new 140.

Let us know.

Thanks.


lonelypoet said:
Hi, All,
I so far haven't received any updates. But I would like to share this experience with you all. My H1 7th year extension expired on Feb 8th 2005 and me the attorney or my company remembered to renew that. We filed for extension to 8th year on Feb 16th and on April 4th we got that approved but USCIS wrote in that approval that I am not eligible for staying in US. This means that I have to leave and get the H1 Stamped in Chennai. As you all may know that I need to get an appointment in Chennai which was not available through August and I have to stamp this before 8th of August. I got an appointment on 24th of May in Delhi and went to India and got the visa stamped there. I came back on 7th of June and I am still waiting for the 140 appeal to come through.
It was a smooth run in Delhi, the clerk in the Embassy did not asked for any documents or much questions. He asked me three questions. Do you live in USA? Do you work in USA? And what do you do there? I only answered these question. He did not asked for paystubs or W2s or any other documents. Just said a visa will be issued and gave me a sticker that need to be pasted on the TT service envelope.

My appeal for I-140 was received in AAO on August 25th 2004 and the LUD was Sept012004. If anyone who have their appeal around this date got some response please let me know.

Thanks.
Click to expand...
 
GCStruggler,
These are good questions. To answer in order
The company was not in a good condition and we know we have to go through the same problem even if we file for another I-140 with the same labor.
There are many plans ranging from A-D so it is not a big problem. Filing for new labor is one of them but I haven't done that so far.
The reason why I did not filed for an extension is I thought of filing for the extension one month before. The company had those papers and they did not gave me that. And I did not bother to pester them also as the moment I ask for these papers they will start to ask me if I am moving to another company or not. Plus I have to pay for the extensions.
Above all I just believe the AAO is going to approve my case as we have had a genuine case where NSC made blunders when denying my case. There are many evidences which we provided were thrown out saying they are speculative without giving any justification for calling it speculative. That is what we are appealing about. Another thing is I did not came to USA to stay just because I want to stay here, I also wanted to be immigrated to USA in a genuine or real manner. If that is not possible I will just leave and find better pastures. After all there are better paying jobs in IT in India and Middle East than in USA. To say it in a nutshell this is a two way thing. If the US government don't want me then I don't want to be here either.
 
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I have learnt something from your approach ....thanks so much .


lonelypoet said:
GCStruggler,
These are good questions. To answer in order
The company was not in a good condition and we know we have to go through the same problem even if we file for another I-140 with the same labor.
There are many plans ranging from A-D so it is not a big problem. Filing for new labor is one of them but I haven't done that so far.
The reason why I did not filed for an extension is I thought of filing for the extension one month before. The company had those papers and they did not gave me that. And I did not bother to pester them also as the moment I ask for these papers they will start to ask me if I am moving to another company or not. Plus I have to pay for the extensions.
Above all I just believe the AAO is going to approve my case as we have had a genuine case where NSC made blunders when denying my case. There are many evidences which we provided were thrown out saying they are speculative without giving any justification for calling it speculative. That is what we are appealing about. Another thing is I did not came to USA to stay just because I want to stay here, I also wanted to be immigrated to USA in a genuine or real manner. If that is not possible I will just leave and find better pastures. After all there are better paying jobs in IT in India and Middle East than in USA. To say it in a nutshell this is a two way thing. If the US government don't want me then I don't want to be here either.
Click to expand...
 
About going back

I am also like you interms of getting immigarted to US in genuine manner and very much open to going back and explore other green pastures. But I just don't want to be thrown out, saying that I am not qualified to be immigrated without proper reason. If I am not qualified to be immigrated, tell that in the beginning or at least at the start of the immigration process not after providing 6 years of service. I strongly believe they are totally rude and acting without any justification in denying my case. If they still deny my case after a tough fight I will at least understand that there is one other stupid country in this world who cannot understand kilometers and will understand only miles.

Thanks.

lonelypoet said:
GCStruggler,
These are good questions. To answer in order
The company was not in a good condition and we know we have to go through the same problem even if we file for another I-140 with the same labor.
There are many plans ranging from A-D so it is not a big problem. Filing for new labor is one of them but I haven't done that so far.
The reason why I did not filed for an extension is I thought of filing for the extension one month before. The company had those papers and they did not gave me that. And I did not bother to pester them also as the moment I ask for these papers they will start to ask me if I am moving to another company or not. Plus I have to pay for the extensions.
Above all I just believe the AAO is going to approve my case as we have had a genuine case where NSC made blunders when denying my case. There are many evidences which we provided were thrown out saying they are speculative without giving any justification for calling it speculative. That is what we are appealing about. Another thing is I did not came to USA to stay just because I want to stay here, I also wanted to be immigrated to USA in a genuine or real manner. If that is not possible I will just leave and find better pastures. After all there are better paying jobs in IT in India and Middle East than in USA. To say it in a nutshell this is a two way thing. If the US government don't want me then I don't want to be here either.
Click to expand...
 
I have been in this coutry almost 8 (eight) years and still working hard everyday thinking that one day an "AMERICAN DREAM" would be fulfilled. But the question is when will it be fulfilled? Mine is concurrent filing in January 2004 in NSC. I have seen approvals as back as April 2005 but mine is burried :confused: I have been in deep stress lately and started medication for stress, chest pain, cholesterol and high blood pressure. I was OK back in India here every day torture.

Is AMERICAN GREEN CARD worth after so many years of hard work, stress, torture, uncertain future, freedom, rules and regulations, etc.?
 
WOW after a while I feel not alone in something :D
Here is the blunder the USCIS is make when they are denying cases saying that the employer don't have the ability to pay. The law pretaining to that is meant to protect the interest of the immigrant employee and when USCIS implements that law the one who is suffering is the immigrant employee. That is the reason why I wanted to see some lawmakers and tell them that this is the way a law passed by the congress is getting implemented.
USCIS should deny the cases if the employer don't have the ablity to pay but they should allow the employee some alternative. I cannot say what alternatives should be given as I am not a lawmaker. Suggestions in that direction will be great. I may try to see some senators or congress men/women and talk about this matter.
 
Useful Info On H1B Extensions

Here is some information for H1B extensions. This came to me from the Murthy.Com newsletter.

Appeal of I-140 Petition Allows One to File for H1B Extensions

The Memo permits one to continue filing for H1B one-year incremental extensions if s/he has a pending I-140 petition appeal at the Administration Appeals Office (AAO). The rationale is that a decision is not final if there has been a timely appeal. This is a welcome change, since the previous position was that only labor certification appeals, filed with the Board of Alien Labor Certification Appeals (BALCA), were sufficient to permit one to continue filing for H1B extensions.

Eligibility for H1B Extension - Even if GC is Slow, Stalled, or Abandoned

The Memo makes it clear that the H1B extension should not be denied even if the labor certification has been approved and no I-140/I-485 has been filed. The Memo indicated there may be further guidance on this matter. The issue is whether an H1B extension can be obtained based on a labor certification that does not seem to be making progress toward a green card. That is, there are situations where the labor certification is approved, but the case does not move forward to the next stage for a number of reasons. For the time being, it is possible to continue to file an H1B extension based on an approved labor certification case that was filed at least 365 days earlier, without consideration of whether the case has moved forward in the green card process by the filing of the I-140 petition or the I-485 application to adjust status.

H1B Extension Allowed with Different Employer

Consistent with a prior USCIS opinion letter, Mr. Yates's May 2005 Memo specifies that it is possible to obtain a one-year H1B extension through Employer A based on a labor certification or green card (GC) filing made by Employer B.

We at The Law Office of Sheela Murthy find that many people are surprised when we discuss this matter with them, since it is often presumed that the H1B extension must be filed with the same employer that filed one's Labor Certification or has been processing the green card. In fact, since the GC is based on a future job offer, the two processes are considered independent to a large extent.
 
hi gurus,
Please help.MTR/APPEAL filed on may2
ND may6
ON jun10 all LUD changed for 140,485,131,765 except 290a anb b with out message change.What should i expect soon.PLease take time to answer.thank u
 
140-EB3 case forwarded to AAO in Jan 05

My 140 was denied in Dec '04 due to short of post baccacularate experience. In the labor it is stated that BS plus five years progressive experience. I had only 3 years at that time of labor petition. But I did had 10 years of exp. after my diploma. The appeal has been sent with the brief to consider the pre baccacularate experience since the 140 was filed under EB-3 categroy.

The appeal was not considered at CSC and then forwarded to AAO office in Jan'05 since then waiting... it takes 14 months for AAO consider EB3 cases.

My company lawyer has been saying he can't file new 140 using the same labor as he need the original labor which is now AAO. Is he telling the truth can the new 140 petition be filled without original labor.

Also my company is a private held company is being brought over by a publically traded company this month, I have question that whether the new company can use the labor approved with my present company for filing a new I140. The buy is for a whole company not assests.
 
For the first question. I don't know why your lawyer is saying that he don't have the original labor with him You can file for a new I-140 using the same labor.
For the second question, yes the new company that bought current labor holder can use the same labor using successor of interest law. Talk to your attorney he will be able to help you with it.

findgc said:
My 140 was denied in Dec '04 due to short of post baccacularate experience. In the labor it is stated that BS plus five years progressive experience. I had only 3 years at that time of labor petition. But I did had 10 years of exp. after my diploma. The appeal has been sent with the brief to consider the pre baccacularate experience since the 140 was filed under EB-3 categroy.

The appeal was not considered at CSC and then forwarded to AAO office in Jan'05 since then waiting... it takes 14 months for AAO consider EB3 cases.

My company lawyer has been saying he can't file new 140 using the same labor as he need the original labor which is now AAO. Is he telling the truth can the new 140 petition be filled without original labor.

Also my company is a private held company is being brought over by a publically traded company this month, I have question that whether the new company can use the labor approved with my present company for filing a new I140. The buy is for a whole company not assests.
Click to expand...
 
Thanks Lonelypoet,

Lawyer saying that he sent the original approval with old I140 pettion, when the appeal was filed he said CSC sent my entire file (including original labor) to AAO office hence he said, even if he applies using the copy of the labor my case will not be adjudicated will be pending until he submits the original again. Do you have anymore details on this.

Appreciate your reply.

Thanks,
findgc.
 
I wonder why he sent the original. Even then check with him if there is any possiblity to get another copy of this from DOL. As the company was taken over by another it will be a good justification for the new company to ask for a copy to DOL. I don't know if this will work or not.
Otherwise you can ask the DOL to amend the Labor certification. This can be done only if the USCIS rejected the I-140 saying that there is something wrong in the Labor and you should prove the primary applicant itself won't fit for the labor. This also only the attorney can say with authenticity.
 
My attorney had appealed (I290B) for I140 on 4/28/05. LUD has not been changed. How long does it take for a review or LUD change?
 
hi expeditegc
we seem to be in same boat.my attorney appealed on may2,05.
290A and B.they had LUD on may6 saying ur application had been received........But on june 10 LUD changed for all other i140,485,EAD AP but with no change in message.I will keep updating.Please let me know of ur status too.
 
Is AAU working or closed. there is no update on cases which are sitting in AAU. Any one have idea.
 
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