Tracker for appeals/MTR

Hi Gurus,
I recently filed my I-140 with NSC under EB2 category. Column 14 of certified labor mentions:
M.S. or equiv. degree. Experience for job offered is 1 year.

I am an Mcom,
with 3 year Bcom (Honors) Delhi university,
1 year Post graduate diploma in Computer Applications(full time),
6 months Post graduate Diploma in software Application engineering(full time).

I also have 1 month full time Oracle Financials Training certificate from concourse Information Technology Internationals (full time)

a 3 month Essentials of Oracle certification from NIIT. Besides 6 years of experience in IT field (as on the date when my labor was filed).

My credential evaluation report mentions as follows:

"Mr. Neerajkhan’s master degree is considered to be academically equivalent to a Master of business Administration as awarded by an accredited U.S university. Admission to this program required a bachelor’s degree. His bachelor's degree is equivalent to a bachelor of science in business administration as awarded by am accredited U.S university. He also has a major in Computer Science based on extensive studies he completed in computer science and the awarding of two Post Graduate diplomas in computer science. This course of study is equivalent to the credits required by U.S universities for a major in computer science. Admission to the bachelor's program required the equivalent to a U.S high school diploma."

What are my chances of getting I-140 approved?
Please advice.
 
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I-290 Status

My case is with AAO from more than 18 months now.

Today, there is an LUD change on my I-290 and I-140 status. The message now says:

Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.

Does any one knows, what does this mean?
 
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After AAO approval

After a fought battle with NSC and AAO, my denied I-140 NIW/EB2 got approved on 12/11/2006. I did concurrent filing on both I-140 and 485. Is it automatic the 485 will reopen? Any one knows what will be the next step. We asked the USCIS to reopen my case (both 140 and 485) after AAO decision. Any idea what will be the next course of action. Your inputs are most welcome.
 
Updated my address on 485

My I140 is still in appeal and it is still pending for over 18 months at AAO. Since I saw some activity on all the 485 cases few weeks ago, I called USCIS to update address. While they update mine and my son's address, they said they cannot update my wife's address since her case is denied and the case is closed.

Does this makes any sense?

Thanks.

gcstruggler said:
I received a bunch of emails(10) over the weekend from USCIS. They all are for the 485 for me and my family. The status got changed over to where it was before the denial. So far I don't think my lawyer has received any notice from AAO about my denied 140.

The status of my 485 now reads..

"On May 29, 2004, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made"

Does this mean that they have reopened my case? Please let me know if anybody is into similar situation. I will be checking with my lawyer today.

Thanks.
Click to expand...
 
My wife's EAD (3rd one) got denied....

Hello Erics, Kishore_I and all other gurus

My wife's 3rd EAD and I-485 got denied while my MTR( pending since Mar 2006) is pending where as my 3rd EAD got approved in Sep'06. Does this mean do I have to apply for another MTR on my wife's EAD.

Does this mean that INS not opened my wife's I-485 when we have filed MTR. I'm still waiting for my I-140 approval (Labor got misplaced at VSC - Sub labor...)

Any suggestions what to do at this point of time? Please pass on your suggestions at the earliest possible.

Thanks in advance..


__________________________________________________ __________
First I-140 approved in Apr 2001 and got laid from the job even before filing I-485.


VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy whereabouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - on-line says that the case re-opened on USCIS motion
485 messages for me and wife - Still shows the finger printing information only
 
YRGOPAL said:
Hello Erics, Kishore_I and all other gurus

My wife's 3rd EAD and I-485 got denied while my MTR( pending since Mar 2006) is pending where as my 3rd EAD got approved in Sep'06. Does this mean do I have to apply for another MTR on my wife's EAD.

.......................
Click to expand...
I replied to your PM.
 
Backup labor - Received major NOFs/RFEs

Gurus,

My I140 has been denied once. I had applied for a backup labor in July 2004 and on this labor I have received NOF (Notice of Findings) form DBEC. The NOFs range from ability to pay, location of my employment, past consulting contracts and above all, Results of Recruitment and more. No one else in the company I work for has ever received such an NOF. My company's history has been pretty clean. My lawyer has adviced me not to rebute as it sounds like they have made up their mind to deny my labor :mad: Also, she said that it will open up can of worms for the company's immigration reputation.

My question is, am I red flagged by immigration authorities in some way? Does the labor department review my previous cases and issue NOFs?

My lawyer has advised me now to either use a substitute labor (fortunately my comapny has a labor available which I can use as substitute) OR I should file a PERM labor once again. I got my H1 for 9th year approved. Doesn't look like I will get a GC in near future (or ever) !!!!

Any comments, ideas, suggestions?
 
marooti said:
Gurus,

My I140 has been denied once. I had applied for a backup labor in July 2004 and on this labor I have received NOF (Notice of Findings) form DBEC. The NOFs range from ability to pay, location of my employment, past consulting contracts and above all, Results of Recruitment and more. No one else in the company I work for has ever received such an NOF. My company's history has been pretty clean. My lawyer has adviced me not to rebute as it sounds like they have made up their mind to deny my labor :mad: Also, she said that it will open up can of worms for the company's immigration reputation.

My question is, am I red flagged by immigration authorities in some way? Does the labor department review my previous cases and issue NOFs?

My lawyer has advised me now to either use a substitute labor (fortunately my comapny has a labor available which I can use as substitute) OR I should file a PERM labor once again. I got my H1 for 9th year approved. Doesn't look like I will get a GC in near future (or ever) !!!!

Any comments, ideas, suggestions?
Click to expand...
IMO, it is not related to your previous cases and you are not being "Red flagged".
I also think that so called "companies immigration reputation" (if there is such a thing) is already damaged and will be damaged more if your company does not reply to the notice. All the questions point more to the company than you as a candidate for employment.

Anyway, if the attorny is not going to reply, s/he is not. You can try to convice though.

Best plan forward is to use the substitute LC available, but make sure it matches your education and experience (3 yr degree v/s 4 yr). At the same time apply for PERM. I say use the sub LC because it will have a prior PD. If there is an either or scenario, then it is very hard to make a decision (sub LC v/s PERM). Try to have both.

If you go PERM route, then your company/attorney will have to respond to the notice anyway so that you can get next 1 year extension on H1. If PERM and 140 get approved before the 9th year H1 expire, then it is a different story.

Best of luck!
 
Hi Marooti,

sorry to hear about it. I would say, just grab whatever comes in now. use the sub-labor. as it's already approved, u have to file 140 which in a way is very good (u dont have to go thru the labor dept again).

at the same time, to be on the safe side, file a PERM labor too!

my suggestion, do both. also, check with the attorney if the PD can be retained/used for any of these new cases.
 
Thanks for your responses Bunny and Eric,

My lawyer finaly did not respond. But I am going to do both, use the substitute labor as well as file a PERM.

I am just waiting for my refiled I140 which is pending at NSC filed on the 19th April 2006. The processing date as of 18th Dec is May 30th 2006. I am not sure why is it taking such a long time for them to make a decision on this.

Bunny, You have mentioned that I can retain the PD. Can I do it if I am filing for PERM even though my lawyer did not respond to the NOF?
 
Hi Marooti,

not sure about this and also not sure if this helps ur case but my suggestion would be to go with a better lawyer. I used Rajiv khanna for my perm case and my 140 got approved. or maybe use someone else who is more competent. pls check this:

"A pending case with former process could be withdrawn and refiled without
losing the priority date as long as no job order has been placed with the State Workforce Agency(SWA) and the employer, alien worker, job title, job
duties, job requirements and work location are identical."
 
I-485 re-opened and another RFE on I-140

Hello Gurus

Here is another twist in my case.

They have re-opened my I-485 on friday and an RFE this afternoon.

In my case they are working in the opposite direction, instead of approving I-140 and then opening I-485 and then issuing I-765, they approved my I-765 in Nov'06 and then re-opened my I-485 on Jan 13th and then RFE on my I-140.

Gurus, Please tell me what it could be? Is it for approval or for anything else? What else is left to go for RFE in my I-140?? Please share your thoughts and ideas please.


Thanks
Gopal
-------------------------------------------------------------------------
First I-140 approved in Apr 2001 and got laid off from the job even before filing I-485.


VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy where abouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - 2nd RFE (Still waiting for the exact copy of the RFE...)
I-485 - Got re-opened on USCIS motion on friday
Wife's 3rd EAD and AP got denied stating that I-485 is in closed state(Dec'06)
Wife I-485 - still in the denied state
 
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140 Refile vs Motion to reopen

My 140 is denied from NSC due to mismatch in the financials that was filed with the petition and the IRS tax return numbers. My company apparently amended their tax returns to match with their financials (or vice versa) some time last year few months after my 140 was applied but didn't (or forgot to) update USCIS. Does this case warrant a "Motion to Reopen" (MTR)? How is it different from re-filing? My lawyer is saying that re-filing is the only option. When asked about MTR, he said that it was not the mistake of USCIS to call for an MTR. But, when I read the USCIS website on what to do on denied cases, I felt that MTR is a viable option compared to appealing to AAO as long as we submit the correct financials (or tax returns).

Thanks in advance for any suggestions/input.
 
Bunny,
On my NOF it was written "Withdrawal is not an option". So I guess I can't do anything now. The date to respond for NOF has passed.

My other issue is, I am still waiting for my refiled I140's result to show up. My employer has the substitute labor available for me also. Do you think I should wait for my refiled I140's result to show up and then I should file for another I140 based on substitute labor? My refiling was done on 19th April 2006. I guess I should have utilized the Premium processing option. That would have taken care of some of my anxiety and frustration. My lawyer says that I should wait to know the results (but as usual I am not sure she is right or not) Also, I am worried that if the law to stop the substitute comes into picture then I will loose another opportunity.

I think I should consult more lawyers too ..... have already spent like 12K on my immigration and still can't see any light (hope there is an end to the tunnel)

bunny01 said:
Hi Marooti,

not sure about this and also not sure if this helps ur case but my suggestion would be to go with a better lawyer. I used Rajiv khanna for my perm case and my 140 got approved. or maybe use someone else who is more competent. pls check this:

"A pending case with former process could be withdrawn and refiled without
losing the priority date as long as no job order has been placed with the State Workforce Agency(SWA) and the employer, alien worker, job title, job
duties, job requirements and work location are identical."
Click to expand...
 
psv007 said:
My 140 is denied from NSC due to mismatch in the financials that was filed with the petition and the IRS tax return numbers. My company apparently amended their tax returns to match with their financials (or vice versa) some time last year few months after my 140 was applied but didn't (or forgot to) update USCIS. Does this case warrant a "Motion to Reopen" (MTR)? How is it different from re-filing? My lawyer is saying that re-filing is the only option. When asked about MTR, he said that it was not the mistake of USCIS to call for an MTR. But, when I read the USCIS website on what to do on denied cases, I felt that MTR is a viable option compared to appealing to AAO as long as we submit the correct financials (or tax returns).

Thanks in advance for any suggestions/input.
Click to expand...

1>
"Appeal to AAO" is actually "MTR" + "Appeal to AAO".
There is another option to file MTR only.

2>
Appeal or MTR, needs to be filed within 30 days of denial.

If 30 days have passed since the 140 was denied, then only option is to refile the case.
 
YRGOPAL said:
Hello Gurus

Here is another twist in my case.

They have re-opened my I-485 on friday and an RFE this afternoon.
..............
Click to expand...
I replied to your PM. Did you find out the details about the RFE?
 
Still waiting for the RFE...

Hi Eric

My attorney is still waiting for the RFE, I will keep you posted once I get the RFE.

Thanks a lot for inquiring about my RFE.

Thanks
Gopal
------------------------------------------------------------
EricS said:
I replied to your PM. Did you find out the details about the RFE?
Click to expand...
 
got I-797 about dnied I-485

HI gurus,
Could you please let me know what does following message means...

My I-485 denied and then apply for motion....Today I got I-797 for my I-485 receipt number....

Matter is given below...

After review we have decided to treat the appeal filed in the above case as a service to reopen or service motion to reconsider.

You will receive a notice under separate cover once all action has been completed.


Is this means that they are reconsidering my Motion to reopen
 
140/290B status change

Gurus,
My 140/290b status changed yesterday as mentioned below. Is there a way to know what decision AAO made? Will the attorney receive any letter from AAO about the decision? Do you think this will be a good news? Please let me know.

Thanks for your help.


"On February 15, 2007, the Administrative Appeals Office returned this case. If your case was remanded or your appeal was sustained, we will notify you of our action within 60 days of the date of the AAO decision. If you move while this case is pending, call customer service."
 
Appeal got denied

My lawyer just told me that my appeal got denied. He said that it looks like they didn't read any of the information that he sent. We are looking at the option of filing a case in Federal court.

Thanks.
gcstruggler said:
Gurus,
My 140/290b status changed yesterday as mentioned below. Is there a way to know what decision AAO made? Will the attorney receive any letter from AAO about the decision? Do you think this will be a good news? Please let me know.

Thanks for your help.


"On February 15, 2007, the Administrative Appeals Office returned this case. If your case was remanded or your appeal was sustained, we will notify you of our action within 60 days of the date of the AAO decision. If you move while this case is pending, call customer service."
Click to expand...
 
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