Tracker for appeals/MTR

expeditegc said:
Is there a pattern of approvals and denials from different officers within Nebraska Service Center? I think they do not have rules. I thought this country is built on laws and laws does not apply to vast majority of people. Why there is a difference from officer to officer? I feel bad because mine denied twice and sent to AAO twice. I heard from the same education evaluator I-140 approved but why me? What have I done wrong? How can I believe that such credentials work? I spent 8-9 years and now starting a new process means spending another 8 years and there is no guarantee that it will work.
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expeditegc,

I understand your frustation as I am going through a similar situation as yours where my first I140 and Appeal has been denied and ready to file the next I140.

I would recommend that you get hold of the both AAO denial letters from your attorney. They clearly list what are the grounds they are rejecting your case. Study them with a competent attorney, who can help you file the next I140 with all the issues (as listed in the AAO rejection letter) addressed comprehensively.

Hope that will work for you.
Best of LUCK !!!
 
9th year H1 extension-supporting document

Hi all,
My 2nd labor was filed when I was already in my 6th year of H1. Now, my lawyer tells me that I will not be able to file H1 extension based on the 2nd labor that was filed in July 2004 (sitting in BEC). Instead, she is saying that I should use my refiled I-140 receipt noitce for extension.

Is it true that H1 extensions can only be filed based on Labor if it was filed prior to ones 6th year H1 completion and pending for more than 365 days? My 8th year H1 expires in Feb 2007.

Any comments?
 
Please see this link. what do you think on this.


The federal district court in the State of Oregon, Case Number 04-1849, (Oregon District, November 3, 2005) disagreed with the USCIS position on the interpretation of "equivalent" in educational requirement in the labor certification application and has just struck down the USCIS view

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web933.pdf

expeditegc said:
Is there a pattern of approvals and denials from different officers within Nebraska Service Center? I think they do not have rules. I thought this country is built on laws and laws does not apply to vast majority of people. Why there is a difference from officer to officer? I feel bad because mine denied twice and sent to AAO twice. I heard from the same education evaluator I-140 approved but why me? What have I done wrong? How can I believe that such credentials work? I spent 8-9 years and now starting a new process means spending another 8 years and there is no guarantee that it will work.
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A0001 said:
Please see this link. what do you think on this.


The federal district court in the State of Oregon, Case Number 04-1849, (Oregon District, November 3, 2005) disagreed with the USCIS position on the interpretation of "equivalent" in educational requirement in the labor certification application and has just struck down the USCIS view

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web933.pdf
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Unfortunately this case is not precedent setting and only applies to this case. USCIS has ignored this in terms of other cases and lawyers have told me that they do not cite or rely on this case.
 
9th year H1 extension-supporting document

Hi all,
My 2nd labor was filed when I was already in my 6th year of H1. Now, my lawyer tells me that I will not be able to file H1 extension based on the 2nd labor that was filed in July 2004 (sitting in BEC). Instead, she is saying that I should use my refiled I-140 receipt noitce for extension.

Is it true that H1 extensions can only be filed based on Labor if it was filed prior to ones 6th year H1 completion and pending for more than 365 days? My 8th year H1 expires in Feb 2007.

Any comments?
 
You could apply 9th year extension based on 2nd labor which was filed after 6 years of H Visa. Attorney’s always wants to go straight.


marooti said:
Hi all,
My 2nd labor was filed when I was already in my 6th year of H1. Now, my lawyer tells me that I will not be able to file H1 extension based on the 2nd labor that was filed in July 2004 (sitting in BEC). Instead, she is saying that I should use my refiled I-140 receipt noitce for extension.

Is it true that H1 extensions can only be filed based on Labor if it was filed prior to ones 6th year H1 completion and pending for more than 365 days? My 8th year H1 expires in Feb 2007.

Any comments?
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A0001,
I posted this same question in H1 forum and Great_Guru says my lawyer is correct ... i.e. H1 extensions can only be filed based on Labor if it was filed prior to ones 6th year H1 completion and pending for more than 365 days.

http://www.immigrationportal.com/showthread.php?p=1480542#post1480542

A0001 said:
You could apply 9th year extension based on 2nd labor which was filed after 6 years of H Visa. Attorney’s always wants to go straight.
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marooti,

I don't think great_guru's statement is correct. Can you ask him where this is mentioned (such as memo..) ?
 
bmt74 said:
marooti,

I don't think great_guru's statement is correct. Can you ask him where this is mentioned (such as memo..) ?
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Can UnitedNations comment on this issue?

Thanks !
 
I confirmed with my attorney today that great_guru's statement was incorrect...actually confirmed twice.

still waiting for unitednations' comments.
 
My I-140 was denied by NSC due to the company financial ability in Nov 2004. The Appeal is pending with AAO since Feb 2005. recently there are some LUD changes, but no response from AAO yet.

I-290 B Filed : Jan 2005
Sent to AAO : Feb 2005

LUD : 07/08/2006, 07/22/2006 and 08/09/2006.

No idea what is going on... Anybody got their appeal LUD changed in August?

(My present status: In Aug 2005, I filed PERM labor EB2, got approved in three weeks , then filed I-140 and I-485 just two days before retrogression. Got I-140 approved in three weeks and currently waiting for the date to be current or the passing the Skill Act)

Thanks,
gcman9
 
gcman9 said:
My I-140 was denied by NSC due to the company financial ability in Nov 2004. The Appeal is pending with AAO since Feb 2005. recently there are some LUD changes, but no response from AAO yet.

I-290 B Filed : Jan 2005
Sent to AAO : Feb 2005

LUD : 07/08/2006, 07/22/2006 and 08/09/2006.

No idea what is going on... Anybody got their appeal LUD changed in August?

(My present status: In Aug 2005, I filed PERM labor EB2, got approved in three weeks , then filed I-140 and I-485 just two days before retrogression. Got I-140 approved in three weeks and currently waiting for the date to be current or the passing the Skill Act)

Thanks,
gcman9
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Check with the lawyer. If AAO has taken decision, your lawyer would know by now, after these LUDs.

Congrats! on your Labor and I-140 approval on the second time.
 
LUD Change

I also had a LUD change on 7/22. Does anybody waiting for more than 17 months for I140 EB3 case to be approved or denied by AAO. I am on the 15 month now. Please let me know if anybody has an idea of how many months does it take for the I140 EB3 case at the appeal's office.

Thanks.
 
gcman9,
Your LUD trend is saying you will hear from NSC very soon...may be within a month or so....please let us know about it.
 
Morethan 17months EB#

It is been more than 17 months for me, my 140(EB3) & 290B was sent to AAO in Jan 2005, no decisions yet.
 
Lud

Was there any LUD on you case. Can your lawyer do something to expediate the case?

Thanks.

findgc said:
It is been more than 17 months for me, my 140(EB3) & 290B was sent to AAO in Jan 2005, no decisions yet.
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