Tracker for appeals/MTR

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Please clear i need some info..i will send PM

july140 said:
Congrats buddy :)
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Hello All

Hello Guys,
I am new to this form. Recently I applied I140 application at Nebraska service center.
Will you guys help me about following doubts?

1.What is LUD?
2.How can I get LUD?
3.How can I track my I140 application at Nebraska service center?

I appreciate your help. Thanks in advance to all you guys who share information in this selfish world.
 
Hello All,

My MTR was applied more than 1 month back but no activity yet. neither has it been referred to AAO nor NSC doing something about it.

is this something normal?
 
MTR status Updates.

WOW! its more than 80 days? another wait here I guess.

Humm... tired of this NSC delays..

Best luck,
Bye


july140 said:
bunny,
My MTR was applied on Sep12th and its been 80 days now.
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I140 appeal to AAO

Hello guys,
here are my 140 denial details:
140 denied on Jun 13
485 denied on Jun 9

I-140:
RD: Nov 15 2004
ND: Aug 3 2005
Notice Type: Transfer notice

I290B:
RD: Jul 11 2005
ND: Aug 3 2005
Notice Type: transfer
both say that they have forwarded the appeal to AAO in Washington DC.
 
Transferd Case to AAO

Sorry for your denial. What's the next step. Are you working on EAD? Can you work while case is pending in AAO? Can you stay in country? Reason is I am asking is there are many people who might have to go through this..
Any information will be helpful.

Thanks
KukuChaku


gemini_gemini said:
Hello guys,
here are my 140 denial details:
140 denied on Jun 13
485 denied on Jun 9

I-140:
RD: Nov 15 2004
ND: Aug 3 2005
Notice Type: Transfer notice

I290B:
RD: Jul 11 2005
ND: Aug 3 2005
Notice Type: transfer
both say that they have forwarded the appeal to AAO in Washington DC.
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I140 denial

I got a new H1 as soon as my 140 got denied (coz my H1 expired in May 2005 & my 140 rejection came in June 2005).
But the H1 came without an I94 form & said I need to go to my home country for stamping. So me & my wife went back home & got our visas stamped & right now I'm working on H1 status.
 
sept_neb_filler said:
I had filled for appeal a month ago after getting a denial on my I140. Today the LUD for my I485, 140 and I129 changed together. Also my I485 message changed and I got an email for it. The new message is "On November 30, 2005, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 570 and 600 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.".
The message for I140 and I129 is still the same. Is it a good sign or a bad sign. Please share.
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Could you please share your AAO appeal information. What date you applied? What was I140 rejected for? I will really appreciate the details. I am in similar situation. My appeal was filed in Sept. end this year.

Thanks!
 
Sure

I applied for appeal on Nov. 1st. My denial was becuase of some tehnical error in filling the application. I am in Schedule A. We are supposed to post a job notice as our labor requirment and that notice was not posted correctly at the time of filing. After denial we posted it correctly and I think that did the trick.
 
sept_neb_filler said:
I applied for appeal on Nov. 1st. My denial was becuase of some tehnical error in filling the application. I am in Schedule A. We are supposed to post a job notice as our labor requirment and that notice was not posted correctly at the time of filing. After denial we posted it correctly and I think that did the trick.
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Hi,
was your appeal made in Nov 2004 or 05 & was it an Appeal or MTR?
I appealed my case in Aug 05 for my 140 denial & it was forwarded to AAO. There is no status change in my file so far.
Thanks.
 
Guys,

My 140 was denied and subsequently my EAD/ AP and 485 were denied back in Sept.
I appealed 140 again in Oct'05. my denied EAD and AP had an expiry date in Nov'05. Can i re-apply them now since my 140 is under appeal or no?

please let me know.
 
bunny01 said:
Guys,

My 140 was denied and subsequently my EAD/ AP and 485 were denied back in Sept.
I appealed 140 again in Oct'05. my denied EAD and AP had an expiry date in Nov'05. Can i re-apply them now since my 140 is under appeal or no?

please let me know.
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==========
Hi,

Sorry to hear about your denial. Just my 2 cents based on what happened to me on my 1st GC application through Vermont.

As soon as you get the I485 denial, your EAD and AP becomes invalid. Theoritically, you cannot work on that EAD anymore, sometimes you even get a EAD revoke letter if there the EAD is recently issued. It is debateable whether you can or should continue to work on the EAD even if you have not received an official notice.

The EAD is given based on your adjustment of status, which is basically an active I485. Once that's denied , there is no basis for a EAD Renewal.

Hope you find a way.
 
MTR or Appeal for I 140 denial

Hi Everybody,

My I 485 got denied recently due to an "Ability to pay" denial on I 140. In short, if you want an insight into how immigration officers can totally abuse their powers, feel free to contact me.

But now I have to file an appeal/MTR for the 140 and 485 and I need advice on that. "My goal is to get the fastest answer, yes or no", whatever it would.

My lawyer says that he would file an MTR for I 485 and an appeal for I 140. Now I heard or read somewhere that an MTR for I 140 "could" result in a faster decision for I 140.

But the lawyer says that it is totally absurd to file an MTR for I 140 as it never gets approved and filing an appeal is the same as filing an MTR as the supervising officer at USCIS would look at the case and if he buys the new arguments would approve it there or else send it to the appeals office where is is stuck for 12-14 months atleast.

So I would appreciate any opinions on what my lawyer is saying here.

If MTR for I 140 gives even a little bit more hope of a faster approval then I would want to go with that. Otherwise I may chose to even abandon the whole thing as I'm sick of it.

Also if the I 140 application goes to the appeals office, what would the status be of the I 485 application and the EAD and AP that were issued to me. I haven't used the EAD and am on H1B status.

Thanks in advance for your help.

Sonu
Edit/Delete Message
 
sonupv said:
Hi Everybody,

My I 485 got denied recently due to an "Ability to pay" denial on I 140. In short, if you want an insight into how immigration officers can totally abuse their powers, feel free to contact me.

But now I have to file an appeal/MTR for the 140 and 485
Click to expand...
Sorry to hear about your 140 denial. This is my opinion:
a> You do not have to file MTR appeal if you think this decision is final. You may want to file MTR appeal if you want to get approved.
b> You cannot file MTR/Appeal on 485 untill 140 gets reopend and approved. So you should focus on filing MTR/Appeal on 140
and I need advice on that. "My goal is to get the fastest answer, yes or no", whatever it would.
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If you do not care about yes or no, then why bother with MTR/Appeal.
My lawyer says that he would file an MTR for I 485 and an appeal for I 140. Now I heard or read somewhere that an MTR for I 140 "could" result in a faster decision for I 140.

But the lawyer says that it is totally absurd to file an MTR for I 140 as it never gets approved and filing an appeal is the same as filing an MTR as the supervising officer at USCIS would look at the case and if he buys the new arguments would approve it there or else send it to the appeals office where is is stuck for 12-14 months atleast.

So I would appreciate any opinions on what my lawyer is saying here.
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Let me try to summarize it for you.
290-A is MTR only
290-B is MTR and in the alternative Appeal

You should file 290-A if you have new evidence or more documents to cover the reason for denial. 290-A goes to the same officer, if s/he is satisfied with the new evidence, then s/he may approve it, otherwise it gets denied again. It may get approved within a month or so if you overcome the reason for denial. You can see my timeline for 140.

290-B also goes to the same officer and may get approved there, this is what happened in my case also. If s/he is not satisfied with your new evidence/argument, then the case goes to AAO and that is where it takes 12-14 months for the decision to be made.
If MTR for I 140 gives even a little bit more hope of a faster approval then I would want to go with that. Otherwise I may chose to even abandon the whole thing as I'm sick of it.
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MTR does nothing to 140 unless you have new evidence to overcome the reason for the original denial. So the better chance for approval comes from your evidence/argument rather than the fact that you are filing MTR.
Also if the I 140 application goes to the appeals office, what would the status be of the I 485 application and the EAD and AP that were issued to me.
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EAD, AP and 485 are all in denied status untill 140 gets reopen and approved.
I haven't used the EAD and am on H1B status.

Thanks in advance for your help.

Sonu
Edit/Delete Message
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Give it a try, if the denial is for ability to pay, then read UNITEDNATIONS's Ability to pay thread.
Best of luck!
 
Last edited by a moderator:
Hey Eric,

Dude that was an awesome answer.

So my lawyer is filing an 290 B, which seems like the right thing to do as per your answer.

And I have contacted UnitedNations. But I'm having problems making the company release the required documents to make a better argument.

Let's see how it turns up.

Thanks again for your help.

Sonu
 
in NSC..once denied then it's denied for ever. no change in theire decission.

VSC has better success in appeals.

You can analize...with forums.

So far who appeled in NSC no one got possitive news even from AAU.



sonupv said:
Hey Eric,

Dude that was an awesome answer.

So my lawyer is filing an 290 B, which seems like the right thing to do as per your answer.

And I have contacted UnitedNations. But I'm having problems making the company release the required documents to make a better argument.

Let's see how it turns up.

Thanks again for your help.

Sonu
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