Tracker for appeals/MTR

Does any one know if we can apply for H1 extension while I-140 applicaiton is pending at the AAO(I-290B)
 
Hi Guys

I would appreciate if you can help with my query

My 140 got denied in sept
Applied MTR on Oct
140 Got reopened in March 14
485 for primary reopened on march 14
485 for dependent only lud changed still says "denial notice sent"
140 approved april 9th
dependent 485 still says "denial notice sent"

do i have to file mtr to reopen wife's 485 or its automatic as we have to apply for her Social Security and since she has EAD can she work ?

I also called uscis, the rep thinks that we dont have to do anything and the case should have been reopened even though it may not say so online.

we also go a letter on march 20th that says "its ordered that the case be reopened" for both primary and dependent 485

appreciate your help
 
Hi Guys

I would appreciate if you can help with my query

My 140 got denied in sept
Applied MTR on Oct
140 Got reopened in March 14
485 for primary reopened on march 14
485 for dependent only lud changed still says "denial notice sent"
140 approved april 9th
dependent 485 still says "denial notice sent"

do i have to file mtr to reopen wife's 485 or its automatic as we have to apply for her Social Security and since she has EAD can she work ?

I also called uscis, the rep thinks that we dont have to do anything and the case should have been reopened even though it may not say so online.

we also go a letter on march 20th that says "its ordered that the case be reopened" for both primary and dependent 485

appreciate your help

Read the following thread:
"FYI: If your 485 re-opened after MTR on 140 but spouse 485 case did not re-open."
http://www.immigrationportal.com/showthread.php?t=167581
 
140 denied - MTR

Hi,

My I-140 was denied on march 19.
My attorney filed MTR on April 15.
Can you guys tell me how long would it take for this MTR to be looked at and processed.
I heard for Appeals, its approx. 13 months to 2 years.
What abt MTRs? Do they take same time as appeal?

Please throw some light.

Thanks
-M
 
My I-140 denial appeal is in process since 9 months and another I-140 MTR is in process since 3 months.
No result yet.
Best of luck.

Ram
 
Hi,

My I-140 was denied on march 19.
My attorney filed MTR on April 15.
Can you guys tell me how long would it take for this MTR to be looked at and processed.
I heard for Appeals, its approx. 13 months to 2 years.
What abt MTRs? Do they take same time as appeal?

Please throw some light.

Thanks
-M

MTR ONLY should not take that long... anywhere from 3 weeks to 6 months.
MTR + Appeal takes longer... as you mentioned 13 months to 2 years.
 
MTR or appeal?

Hi Eric,

How do I know if mine is a MTR or MTR plus appeal. My lawyer said, hes filing a MTR.

Also, in the 290B form, I am seeing 6 check box options, 1,2 and 3 for appeal, 4 for Motion to reopen, 5 for reconsider, 6 for reopen and reconsider.

Also, it says only one Box should be checked. So how to do a MTR and appeal simultaneously.

one more doubt.
My I290B receipt notice says CASE TYPE as "NOTICE OF APPEAL TO THE COMISSIONER". Does this means, its an appeal or, can it be a MTR also?

Could you please provide your inputs.

Thanks
-M
 
Hi Eric,

How do I know if mine is a MTR or MTR plus appeal. My lawyer said, hes filing a MTR.
====> Not sure, may be it is mentioned on the receipt notice.

Also, in the 290B form, I am seeing 6 check box options, 1,2 and 3 for appeal, 4 for Motion to reopen, 5 for reconsider, 6 for reopen and reconsider.

Also, it says only one Box should be checked. So how to do a MTR and appeal simultaneously.

====> Appeal is automatically considered as MTR + Appeal. So select 1,2 or 3 depending on the status of additional evidence.

one more doubt.
My I290B receipt notice says CASE TYPE as "NOTICE OF APPEAL TO THE COMISSIONER". Does this means, its an appeal or, can it be a MTR also?
====> Not sure.
Could you please provide your inputs.

Thanks
-M

See inline answers. These forms have changed since I filed my appeal, so I can only provide my best estimate. Please consult another good attorney to make sure.
 
At Last !!!!

Its been hell of a ride for me for I-140.
It got approved today after my struggle with I140 for 4 yrs since the time I got my RFE. This was my 2nd I-140 files using substitute labor from the same company.

I kind of lost hope but my new lawyer who filed my case in 2007 kept giving me hopes all the time.

I think the lawyers do make a difference specially at the time of filling Labor and I140. My first 2 lawyers were useless, always talking about money first all the time.

Please see my signature for more details.

I see so many people struggling. I know how tough it is to cope with your personal and professional life when one gets 140 denial. I was so upset with my situation so much that I even stopped looking at the posts in this forum.

So you must choose a good lawyer who knows what he is doing. I would be ready to share my lawyer's info.

Also, I want to thank A0001 who was very helpful to me in this long process.

Hope I485 treats me good.
 
Congrats Marooti :)

Its been hell of a ride for me for I-140.
It got approved today after my struggle with I140 for 4 yrs since the time I got my RFE. This was my 2nd I-140 files using substitute labor from the same company.

I kind of lost hope but my new lawyer who filed my case in 2007 kept giving me hopes all the time.

I think the lawyers do make a difference specially at the time of filling Labor and I140. My first 2 lawyers were useless, always talking about money first all the time.

Please see my signature for more details.

I see so many people struggling. I know how tough it is to cope with your personal and professional life when one gets 140 denial. I was so upset with my situation so much that I even stopped looking at the posts in this forum.

So you must choose a good lawyer who knows what he is doing. I would be ready to share my lawyer's info.

Also, I want to thank A0001 who was very helpful to me in this long process.

Hope I485 treats me good.
 
Could you also provide lawyer details to me, I sent a private message to you

Could you also provide lawyer details to me, I sent a private message to you
Its been hell of a ride for me for I-140.
It got approved today after my struggle with I140 for 4 yrs since the time I got my RFE. This was my 2nd I-140 files using substitute labor from the same company.

I kind of lost hope but my new lawyer who filed my case in 2007 kept giving me hopes all the time.

I think the lawyers do make a difference specially at the time of filling Labor and I140. My first 2 lawyers were useless, always talking about money first all the time.

Please see my signature for more details.

I see so many people struggling. I know how tough it is to cope with your personal and professional life when one gets 140 denial. I was so upset with my situation so much that I even stopped looking at the posts in this forum.

So you must choose a good lawyer who knows what he is doing. I would be ready to share my lawyer's info.

Also, I want to thank A0001 who was very helpful to me in this long process.

Hope I485 treats me good.
 
Hi friends, I am new to this site.
My 140 got denied in January - 08, because of education. I got a pre approved labour(EB2) from my employer. NSC denied my case because in column 14 it says 4 years batchelors degree. I am with 3 years(BSC Comp) + Msc(Comp).

They denied because I don't have 4 years batchelors. Now my lawyer applied for MTR(290B) to consider it under EB3. I got a new LIN and waiting for reponse.

If somebody else is under the same situation, please update me the chances of approval.
 
Hi friends, I am new to this site.
My 140 got denied in January - 08, because of education. I got a pre approved labour(EB2) from my employer. NSC denied my case because in column 14 it says 4 years batchelors degree. I am with 3 years(BSC Comp) + Msc(Comp).

They denied because I don't have 4 years batchelors. Now my lawyer applied for MTR(290B) to consider it under EB3. I got a new LIN and waiting for reponse.

If somebody else is under the same situation, please update me the chances of approval.

They are all case by case decisions. Lately the most successful are the ones that state they need a Masters degree eqivalency because of two Appeals Office decisions. I would be happy to review your denial and your documents - you may have a good case for an MTR but you may need a very experienced lawyer. Email me about this (copy the post to jog my memory) ... to sheila at danzig dot com and we can chat.
 
Hi Guys,

Is there really ANY chance for a person with 3 yr degree/ bachelors to apply under EB2 category at all??? If yes, what is the best way to apply?
 
3 year degree for EB2

Hi Guys,

Is there really ANY chance for a person with 3 yr degree/ bachelors to apply under EB2 category at all??? If yes, what is the best way to apply?

Yes. Not 100% but with the right lawyer and a solid brief and evaluation, professors letters and back up references we are seeing approvals. Again, when there is a Masters (as opposed to 5 years experience) we are seeing the highest rate of approvals, but we are seeing them in all situations - but remember it is always case-by-case.

Also, we are seeing approvals after a denial with an MTR and recently by the AAO.
 
Please help!!! I-140 denied

Hi All,

I got pre-approved labor with PD 11/2001(EB2) while my earlier labor with PD was 02/2004(EB3) with approved I-140.

I applied for substitute I-140(EB2) on July 16th 2007. The case was denied on May 19th 2008. Got the denial notice on May 29th 2008. The denial notice says we sent you an RFE and that was not responded so they are denying the case. There is no appeal option. There is no mention of what RFE was all about.

In fact, my lawyer says he never received any RFE notice also I personally was monitoring my case every other day and the status always said "Case received and pending" until it got denied.

My lawyer now says he will file Mition to reopen. Can anyone tell me what are the chances of flying this MTR? I have 4 year degree in engineering in engineering and 5+ years of experience completed before substiture labor priority i.e. 11/2001.

Service center is NSC.

Thanks in advance... Please help.
 
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