Tracker for appeals/MTR

Hello,

Was wondering if anyone got the following message. The LUD & message changed on my I-140 and I290B on 07/26 & 07/27. The appeal was filed in March 2006 and finally saw some activity on the case. Tried looking for people who got a similar message but could not find anyone with the following message.

The I290B NOTICE OF APPEAL TO THE COMMISSIONER that was transferred to our ADMIN APPEALS OFFICE location is now pending there. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. This case is at our ADMIN APPEALS OFFICE location.
 
We have received same letter.

I have also received same letter just on last friday.Mine is EB-3 and applied appeal for I-140 denied on 3 years BS degree ground but I submitted appeal on just April' 2007 only.
Anyway something is going on.
Best of luck.

Ram
=======================================================

lostguy said:
Hello,

Was wondering if anyone got the following message. The LUD & message changed on my I-140 and I290B on 07/26 & 07/27. The appeal was filed in March 2006 and finally saw some activity on the case. Tried looking for people who got a similar message but could not find anyone with the following message.

The I290B NOTICE OF APPEAL TO THE COMMISSIONER that was transferred to our ADMIN APPEALS OFFICE location is now pending there. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. This case is at our ADMIN APPEALS OFFICE location.
Click to expand...
 
Ramakrishna58,

My appeal case is similar to yours
Do update if you hear any activity on your case
All the best

lostguy
 
290B message change

This is the latest update I got today :(290B was filed Jan 2006)

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address.

What does this mean ?

Since then , My second labor cleared, 140 approved and 485 has been filed. If my old 140 is approved by appeals, will my new 485 be in any jeopardy ?

Bazuka6
 
i-140 rfe

Gurus,

i have Bsc computer science and msc computer science. i have 2.5 years of indian experience and 2.5 years of US experience at the time of my labor application. here is my 6 year green card signature

labour PD : 12/31/2001
AD : 08/01/2006 from philadelphia backlog center
ETA form 750 says "masters"

I-140 RD : 11/01/2006
I-485 Rd :11/01/2006

EAD, AP approved and used
My 10th year h1b extension is due on oct/2008


Last week i got an RFE about my education. here is the exrepts of my rfe

" The service holds that a 3 yr BS from an indian university + 2 yr MS from an indian university is equivalent to a US BS degree "

" A US BS degree or a foreighn equivalent degree follwed by at least 5 yr of progressive experience in the specialty shall be considered the equivalent of a MS degree. To establish that the alien is a professional holding an advanced degree, you must submit evidence in the form of letters from current or former employer(s) showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty in addition to the indian bachelor's and master's degrees noted. "



please adivse how should i respond to this RFE,


1) should i prove them BSC and MSC is equal to US MS
2) should i go ahead and add my indian experience to make it close to 5 years


any thoughts please...

thank you
 
Finally my I-140 is approved !!! (MTR Case...)

Hello friends ..

Finally with the help of my congresswoman I got my I-140 approved (after 3 and half years), it is a substitute case of 2001 April EB2. Without any LUDs my 140 got approved.

Thanks a lot to ERICS who have helped me a lot in this hard journey, he is the man who has guided me and helped me to get my I-140 today.

Once again thanks to ERICS.

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 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.. it is on DOL for the duplicate labor.) - Jan 2007
I-485 - Got re-opened on USCIS motion in Jan 2007
I-485 (wife's) opened in Jan 2007
Filed for 4th EAD and AP in July 2007
140 approved on Aug 05 2007 (Magic mail from CRIS)
 
My lawyer got USCIS papers yesterday about my I-140 denial and the reason for denial is something related to company probably A2p or something else. My lawyer is refiling my I-140 and I-485 with the same labor instead of MTR or Appeal. My question is:-

Is refiling of I-140 and I-485 a better option or the appeal?
 
My refiled I140 was denied also. The refiling was done in NSC and the evaluation was done by thedegreepeople.com
I have another I140 case pending with substitute labor.
 
YRGOPAL said:
Hello friends ..

Finally with the help of my congresswoman I got my I-140 approved (after 3 and half years), it is a substitute case of 2001 April EB2. Without any LUDs my 140 got approved.

Thanks a lot to ERICS who have helped me a lot in this hard journey, he is the man who has guided me and helped me to get my I-140 today.

Once again thanks to ERICS.

Thanks
Gopal
.......................
140 approved on Aug 05 2007 (Magic mail from CRIS)
Click to expand...

Congratulations Gopal! I am very happy to see your 140 approval. It has been a long time. I hope you get 485 approval soon. I am glad that I was able to help you a little. Best of luck!
 
Can you please help me on this??

EricS said:
Congratulations Gopal! I am very happy to see your 140 approval. It has been a long time. I hope you get 485 approval soon. I am glad that I was able to help you a little. Best of luck!
Click to expand...

EricS/Guys
Can some help me on my case?

Here is my case detail.

My employer filed LC from branch (Chicago) @ IL State on June 20th 2003 filed I-140&I-485 concurrently @NSC in Jan’2004 since Branch located in this region later branch has been closed due to operational costs and activities are going though from Main office @ Canton,MA where I been employed since 7 years.I approached the congressman regarding my pending I-140 which is pending more than 3½years. They told me that my case is under review and there is no time frame to process.

Thru infopass I cam to know that my security check has been cleared back in sep 2005.

And also came to know that case moved to Vermont on March 2005.

I came to know that the INS suspended 15months the attorney who filed LC&I-140&485.
But and I filed G-28 with new attorney back in July 2005.


These are my question bothering me right now. Your help greatly appreciated.

• Why my file has been moved from Nebraska Service center to Vermont service center?
• Why didn’t they inform us regarding moving my case from NSC to VT?
• Why they are taking so long to process my I-140?(1280 day already crossed from the day my case was filed)
• Since Branch office from where company filed LC, closed the operation does it affect I-140/I-485?
• What necessary steps that my employer or I should take to avoid any issue with I-140?
• What necessary steps that I should take to avoid any issue with GC process?
• Why I’m not getting another finger print notice?
• How this attorney suspension is affect on my case?
• Congressman office told me that my case is under review list, the review list that is not easily approvable.
• What are the possible reasons that my case is in that list.
• What is the time frame for this kind of case?
• The review is on whom? Is it on me or my employer?
• Since my case is in this kind of review, am I eligible to file AC21 with another employer?
• Will my new attorney/employer will get the confirmation letter for G-28 once my attorney updated the information.
• Is it a necessary to inform to USCIS about closed branch info. company?
 
Abhinav4 said:
EricS/Guys
Can some help me on my case?

Here is my case detail.

My employer filed LC from branch (Chicago) @ IL State on June 20th 2003 filed I-140&I-485 concurrently @NSC in Jan’2004 since Branch located in this region later branch has been closed due to operational costs and activities are going though from Main office @ Canton,MA where I been employed since 7 years.I approached the congressman regarding my pending I-140 which is pending more than 3½years. They told me that my case is under review and there is no time frame to process.

Thru infopass I cam to know that my security check has been cleared back in sep 2005.

And also came to know that case moved to Vermont on March 2005.

I came to know that the INS suspended 15months the attorney who filed LC&I-140&485.
But and I filed G-28 with new attorney back in July 2005.


These are my question bothering me right now. Your help greatly appreciated.

• Why my file has been moved from Nebraska Service center to Vermont service center?
----------------------- Not too sure. All employment based cases were moved either to NSC or TSC, but your move is not related to bispecialization as it was before they started that process. I think your case may have been moved to VSC because of location of your company office in MA and as the branch office was closed.

• Why didn’t they inform us regarding moving my case from NSC to VT?
----------------------- Don't know. They may have informed your attorney or employer.
• Why they are taking so long to process my I-140?(1280 day already crossed from the day my case was filed)
---------------------- As you mentioned that they suspended your Attorney, USCIS may be thinking that there is fraud in your case also. This seems to be the main reason for delay. If you look closely, your company filed LC from Chicago and offered you a permanent position there (that is the meaning of LC). Now they have closed that branch office, so basically your LC is not valid anymore. The permanent job offer does not exist and so the 140 and 485 have no basis.
• Since Branch office from where company filed LC, closed the operation does it affect I-140/I-485?
------------------------- Yes, that is one big issue, read above.

• What necessary steps that my employer or I should take to avoid any issue with I-140?
------------------ Either reopen that branch office or file a new LC under PERM. I understand the PD issue, but if LC is not valid, PD does not exist.
• What necessary steps that I should take to avoid any issue with GC process?
---------------- Read above.
• Why I’m not getting another finger print notice?
----------------- Same reason.
• How this attorney suspension is affect on my case?
-------------- They think all the cases filed by this attorney are fraud and need close review.
• Congressman office told me that my case is under review list, the review list that is not easily approvable.
----------------- Correct.
• What are the possible reasons that my case is in that list.
------------------- Read the detail answer above.
• What is the time frame for this kind of case?
------------------ Don't know.

• The review is on whom? Is it on me or my employer?
----------------- On your attorney and employer.

• Since my case is in this kind of review, am I eligible to file AC21 with another employer?
--------------- No, AC21 is for the cases where 140 is approved.
• Will my new attorney/employer will get the confirmation letter for G-28 once my attorney updated the information.
--------------- I do not think USCIS sends a confirmation for G-28.
• Is it a necessary to inform to USCIS about closed branch info. company?
Click to expand...

They probably already know. That is why they are reviewing your (and other cases). Talk to a good attorney, there may be a chance to amend the LC with new location, but not sure.

I am not saying that the case is totally dead, but it is a very difficult case. My honest suggestion, file for new LC under PERM. If this 140 gets approved, use the PD. You may not like the answers that I gave you, but that is my assessment of the case, sorry. Best of luck!

Eric
 
bazuka6 said:
This is the latest update I got today :(290B was filed Jan 2006)

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address.

What does this mean ?

Since then , My second labor cleared, 140 approved and 485 has been filed. If my old 140 is approved by appeals, will my new 485 be in any jeopardy ?

Bazuka6
Click to expand...

I see a similar message displayed for my case status as well. :confused:
 
Bazuka/Friends,
I got the following message on my I290B(appeals):

"The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register."

My I140 message also changes today after loooong two years ...

"The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register."

Can someone tell me what it means ???

Thanks




bazuka6 said:
This is the latest update I got today :(290B was filed Jan 2006)

The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address.

What does this mean ?

Since then , My second labor cleared, 140 approved and 485 has been filed. If my old 140 is approved by appeals, will my new 485 be in any jeopardy ?
Can somebody comment on it. Has anybody received the same mesage??
I will appreciate the inputs...

Bazuka6
Click to expand...
 
Last edited by a moderator:
appeals

gcstruggler said:
You lawyer should receive a letter from AAO about the decision. If they are not in your favour, you have 33 days to appeal. So check with your lawyer quick.
Click to expand...

If it is not in your favor your lawyer should cite the case law that says they must address all of the evidence (if they have not).
 
Does anybody got the same message as I have got as attached.
Please respond , I am just curious what does this means ???



kapsy30 said:
Bazuka/Friends,
I got the following message on my I290B(appeals):

"The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register."

My I140 message also changes today after loooong two years ...

"The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register."

Can someone tell me what it means ???

Thanks
Click to expand...
 
No thats last LUD ... Actually I applied it in April 2005.
Are you familiar with this message i got on I290B & I140 ??
 
kapsy30 said:
No thats last LUD ... Actually I applied it in April 2005.
Are you familiar with this message i got on I290B & I140 ??
Click to expand...

This message means that AAO has finished it's processing of your appeal. They have sent the case back to the service center. AAO may have approved your case, or denied it or they may have asked service center to process it further. Now service center will send decision to you (employer/lawyer) or they may issue a RFE to get more info. Followup with your lawyer/employer to find out if they received anything from USCIS.
 
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