Tracker for appeals/MTR

MTR Nightmare

I-140 & I-485 applied March 07
CRIS email received April 08 denial notice sent for I-1485
Online status never updated for I-140, still showed pending. I-485 online status said Denial Notice Sent.
Denial letter received.

MTR filed for motion to reopen May 08 (online status for I-140 still showed pending)
MTR received May 21st 08
CRIS email June 12th - Denial notice sent for I-140
CRIS email June 13th - I-290b Case reopened or reconsidered based on USCIS determination, and the case is now pending.
Local congress office involved and called June 13th 08 to establish actual status. They used my initial I-140 receipt number to check current status.
They were told that the immigration officer dealing with it had my file on her desk and said it was denied.
Called Nebraska and spoke to CS, they informed me that the email update was for the initial I-140 denial and not the MTR. However, they only had limited access to my record. Called back and spoke to IO who said the same, the email referenced my first denial and the case has been reopened. He then went away to "check something" and the phone was disconnected. When I called back, all IO had gone for the weekend.

Every case I have read when the I-290b has been reopened, the I-140 status also changed to reopened, my did not, it says denial notice sent.

I will call them first thing Monday morning. Just wondered if any of you guys had any similar experiences and wanted to know what your I-290b status says online, once the MTR decision has been made.
 
Did you get a response for this ?

I have my 485 reading the same:

Receipt Number: LINXXXXXXX

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

Does this mean, 485 is now NOT denied, but back to pending ?

MTR status is still unchanged.
 
manwithnoname - Thank you. Shouldn't the MTR status change as well ? Any pointers on why that's still pending ? My understanding was that MTR should change to approved or granted and then 485 will change to pending.
 
I-140 denied !!! Please help

I did write about my denial earlier but got no response so posting again. Please advise.

My I-140 was denied on May 19th 2008 withour any NOID or RFE and received denial notice from USCIS on 27th May.

The Denial notice says that USCIS sent us an RFE which was never responded and hence denial.

Frankly, I was monitoring the case almost everyday but status was always "case received and pending" until it got denied. There was not even LUD on the case. :(

My lawyer says that he never received an RFE. Now we have filed an MTR with sworn letter saying my lawyer never received any RFE. The MTR is pending with NSC center.

I would like to know what are the chances of re-opening the I-140 case and sending RFE again? We still don't know what RFE was for.

Please help!!!... My H1 extension is also pending.

Thanks
 
Same here .....(MTR filed at VSC)

on June 04 - nothing has changed since then
140:eek:nline status says approved on Aug 2001
485: denied on MAy04 - no date update
...I hope that 485 will change to PENDING so that I can get my license renewed
 
My worst nightmare came true. I was denied. They opened the MTR but said that we failed to include 2 important documents, so they basically did not believe our application. The 2 documents were definately included, as they were the basis of the MTR. I received a CRIS email saying my I-140 was denied. The MTR is still showing as opened and pending online. We are now faced with filing another MTR and including the "missing" documents yet again.
 
crossroad said:
I did write about my denial earlier but got no response so posting again. Please advise.

My I-140 was denied on May 19th 2008 withour any NOID or RFE and received denial notice from USCIS on 27th May.

The Denial notice says that USCIS sent us an RFE which was never responded and hence denial.

Frankly, I was monitoring the case almost everyday but status was always "case received and pending" until it got denied. There was not even LUD on the case. :(

My lawyer says that he never received an RFE. Now we have filed an MTR with sworn letter saying my lawyer never received any RFE. The MTR is pending with NSC center.

I would like to know what are the chances of re-opening the I-140 case and sending RFE again? We still don't know what RFE was for.

Please help!!!... My H1 extension is also pending.

Thanks
Click to expand...

It can go either way. There are chances that they will consider the argument and send a copy of RFE. If they do so, they will only reopen the case once they receive the response.

Online status is not reliable for denials. LUDs also happen sometimes and not on other times.

Best of luck!
 
Thanks Eric for the response. What are the common grounds for not considering this type of MTR? I know USCIS can do on thousand other things but....
 
slkanthnu - If you post in a different thread, some one might respond. This thread is for MTR.
 
the same thing happened to me. I-140 got denied without any RFE (May 14), but when the denial notice came, decision mentioned that petitioner did not respond to RFE sent on March 4. we have filed MTR/appeal last June 13 and is still waiting for any development.

As of July 2, online status indicates I-290B as "received and pending" but with the I-140, it changed from "denial notice sent" to "request for additional evidence sent".

Petitioner received the RFE on July 7 and it turned out page 2 of Form I-140 is missing (inadvertently omitted at initial filing, and at MTR). Now RFE was issued solely to ask for this missing page 2. Petitioner submitted response today (July 8, 2008).
 
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PM sent!!!

I sent you a PM. Pl check your Inbox

iamveryanxious said:
the same thing happened to me. I-140 got denied without any RFE (May 14), but when the denial notice came, decision mentioned that petitioner did not respond to RFE sent on March 4. we have filed MTR/appeal last June 13 and is still waiting for any development.
Click to expand...
 
I290b

I am in the same situation as posted above.

I checked the status of both my I140 and I290B. As of the 2 July, the status of the I140 says denial notice sent. The status of the I290B shows as case received and pending. The I140 was originally denied in April this year. We submitted the I120B as a MTR and it was received by USCIS on 2 May 2008.

Any ideas on what this means?

GC
 
How do you guys know how to check the status of your MTR's. Do you just look up the status of the I485 for that or does it have a different case number now?


^^^ never mind, just read the million pages in the thread and got my answer. This place is so helpful :)
 
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140 case status - Approved

Hi,

I had earlier posted about my 140 denial. I saw the case status for 140 as approved today. There is no change in the MTR 290B case status though. That still shows pending.
Can anyone advise if it is ok?
why 290B status is still showing pending?

Also, since my 140 was earlier denied for the reason of my experience not enough for EB2, I asked my attorney to file a labor in EB3. For which he started the advertisement processes and planning to file labor PERM next week.
Now, do I still need to go ahead and file the EB3 case? or no need to file that?
I guess my company has already paid the fees to attorney. Any advise please?


Thanks
 
Dear Members,
I aaplied my 1-140 withsubsitute labour .they asked for original labour certification which was lost by my employer. we asked uscis to inquire with dol. but they found nothing and denied my 1-i40 on january 2008. my employer didn't tell me anything. On march 25 i come to know about my deniel .i was shocke. 33 days period was gone. i tried to find with dol and got a positive response from dol that they are having the labour. dol also give me the refernce number for uscis .i applied mtr on may 4th which they recieved on may 22. but after that there is no change in lud of i-140.it still shows denied.i290 b is shwoing recieved and pending.
I Have 2 questions
1. usually uscis aceept mtr after 33 days mine was after 120 days
2. now i submit what they need what rae my chances
 
i290b

dryheat said:
If you missed 33 days deadline they will not accept it.
Click to expand...

But they send me the reciept notice for the i290b.my cheque is cashed form bank on 17th may. by the way this is the mistake by uscis. they didn't get proper enquiry from dol
 
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