VSC I-140 Denied MTR Sent and waiting for response TRACKER

Check cashed

Check cashed yesterday and received the tracking number from the check copy. Shows a RD of 11/04/2004 and a LUD of 11/05/2004 on 290B. No LUD on 140. This is weird, my MTR reached them on 11/02 and they are still saying that the RD is 11/04. Anyways the last date for me was 11/04, so I am good with the filing.

I am hoping I will know something in the next 2 months one way or the other. Current 290B status says:

Receipt Number: EAC050255XXXX

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on November 4, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
 
dazzling said:
Check cashed yesterday and received the tracking number from the check copy. Shows a RD of 11/04/2004 and a LUD of 11/05/2004 on 290B. No LUD on 140. This is weird, my MTR reached them on 11/02 and they are still saying that the RD is 11/04. Anyways the last date for me was 11/04, so I am good with the filing.

I am hoping I will know something in the next 2 months one way or the other. Current 290B status says:

Receipt Number: EAC050255XXXX

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on November 4, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.
Click to expand...

I don't think you need to worry about it. I guess if they receive the MTR back in 33 days you are good. The date in there system could be different as usually it is off by a week from the delivery date.

Thanks
 
Hidden_man said:
I don't think you need to worry about it. I guess if they receive the MTR back in 33 days you are good. The date in there system could be different as usually it is off by a week from the delivery date.

Thanks
Click to expand...
Any other LUD on your case after 11/05/2004?
 
Hidden_man said:
UN,
I looked at the online status of the application after getting EAC details from the back of the paid check. As you said this is how it looks

I290A APPEAL OR MOTION TO REOPEN OR RECONSIDER

The received date is Nov 1st and the LUD is Nov 5th.
Will keep you posted.

Thanks
Click to expand...
Hidden_Man,

This post of yours is from the Ability to Pay tracker. I have also filed Motion to Reopen or Reconsider and or Appeal. My lawyer also filled form 290B. So my case status says:

Receipt Number: EAC050255XXXX

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on November 4, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Now I am seeing that your case status says I290A. Did your lawyer not fill up form 290B or did you file both of them seperately?? Also was your denial not accompanied with I290B. I heard that if it is accompanied with this form you need to fill it and send it.
 
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dazzling said:
Hidden_Man,

This post of yours is from the Ability to Pay tracker. I have also filed Motion to Reopen or Reconsider and or Appeal. My lawyer also filled form 290B. So my case status says:

Receipt Number: EAC050255XXXX

Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

Current Status:

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on November 4, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Now I am seeing that your case status says I290A. Did your lawyer not fill up form 290B or did you file both of them seperately?? Also was your denial not accompanied with I290B. I heard that if it is accompanied with this form you need to fill it and send it.
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Dazzling,
I had the same question for the lawyer when she filed the MTR. No form was filled in my case. If you don't fill any form then it is only 290A which is MTR. This form was abondoned a few years back by USCIS. A cover letter from lawyer is good to file for 290A.
I did receive 290B with denial but lawyer said it is not necessary for MTR.
Thanks
 
Hidden_man said:
Dazzling,
I had the same question for the lawyer when she filed the MTR. No form was filled in my case. If you don't fill any form then it is only 290A which is MTR. This form was abondoned a few years back by USCIS. A cover letter from lawyer is good to file for 290A.
I did receive 290B with denial but lawyer said it is not necessary for MTR.
Thanks
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Hidden_Man,

Any more updates on your Case? Did the status message change after the update on 11/05/2004
 
user850 said:
how long does it take for I-140 appeal ?
Click to expand...
Dont know. I sent mine on 11/1/2004. It was received by them on 11/2/2004. They have issued the notice on 11/4/2004 (which also happened to be the last date for me). The LUD on I290B is 11/5/2004. There is no LUD on 140. The check was cashed from my bank on 11/8/2004. I have heard that it takes anywhere from 1 month to 3 months though there is no set standard.
 
dazzling said:
Dont know. I sent mine on 11/1/2004. It was received by them on 11/2/2004. They have issued the notice on 11/4/2004 (which also happened to be the last date for me). The LUD on I290B is 11/5/2004. There is no LUD on 140. The check was cashed from my bank on 11/8/2004. I have heard that it takes anywhere from 1 month to 3 months though there is no set standard.
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Dazzling,
There is nothing to worry about the dates as RD is always different than ND. From the information I have It is around 2 months before they take a look at this type of case.
Thanks
 
i-140 MTR

I am also in same boat.
I-140 applied on April 9, 2003
I-140 got rejected August 2004 based on Company unable to pay issue
Applied for I-290B this is the status messsage i got

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on September 23, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

LUD for I-290B is 09/28/2004
There is no change for i-140 still it says for 90 to 485 days
and for i-485 it says 365 and 540 days.

Any idea
 
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varma74 said:
I am also in same boat.
I-140 applied on April 9, 2003
I-140 got rejected August 2004 based on Company unable to pay issue
Applied for I-290B this is the status messsage i got

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on September 23, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

LUD for I-290B is 09/28/2004
There is no change for i-140 still it says for 90 to 485 days
and for i-485 it says 365 and 540 days.

Any idea
Click to expand...


varma74,
You can expect some movement on your case in this month of Dec. It is taking about two months to have them take a look at the case.
Keep us posted.
 
varma74 said:
I am also in same boat.
I-140 applied on April 9, 2003
I-140 got rejected August 2004 based on Company unable to pay issue
Applied for I-290B this is the status messsage i got

Your I290B NOTICE OF APPEAL TO THE COMMISSIONER was received on September 23, 2004. We mailed you a receipt with information about processing. It is taking between 30 and 180 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

LUD for I-290B is 09/28/2004
There is no change for i-140 still it says for 90 to 485 days
and for i-485 it says 365 and 540 days.

Any idea
Click to expand...
Can you post some details of your case. Like what was the reason of denial and what documents did you re-submit. Thanks.
 
Does anyone knows on what kind of situations/cases, they will forward to DC (AAO)?
My I-140 got rejected due to the missing documents of my experience letters. We appealed it by submitting the exp. letters this time.
I am just wondering whether it gets cleared in VSC itself or again they will forward to DC?

-Sreedhar
I290B - RD 10/13/2004
I290B - LUD 10/18/2004
No updates in I-140(90 and 485 )/I-485 (365 and 540) msgs
 
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sreedharj said:
Does anyone knows on what kind of situations/cases, they will forward to DC (AAO)?
My I-140 got rejected due to the missing documents of my experience letters. We appealed it by submitting the exp. letters this time.
I am just wondering whether it gets cleared in VSC itself or again they will forward to DC?

-Sreedhar
I290B - RD 10/13/2004
I290B - LUD 10/18/2004
No updates in I-140(90 and 485 )/I-485 (365 and 540) msgs
Click to expand...
I would think that if it was missing documents, then they will approve it at VSC itself. They should be doing this usually in 2 months time frame. I would think that you should hear something in the next 2 weeks for sure. I have heard from other people that if it moves to the AAO, the message on 140 / 290B will change to something like " .. your application was received here for processing ... "
 
Dazzling,

In August 2002 i moved from Company A to B. Company B is the company my GC is applied. Labor shows $53K but that year i got $18k from company B. They rejected based on the amount company unable to pay for the time frame August to December 2002.
My total earning for 2002 is $61K from both A and B. They didn't consider the total earning of the year.

My lawyer submited with evidence that company is in good financial position with 300+ employees on pay roll. They submited my $68k pay details evidence from 2003. They showed they paid the remaining on 2003 and paystubs from 2004.

Let's see what will happens.
 
varma74 said:
Dazzling,

In August 2002 i moved from Company A to B. Company B is the company my GC is applied. Labor shows $53K but that year i got $18k from company B. They rejected based on the amount company unable to pay for the time frame August to December 2002.
My total earning for 2002 is $61K from both A and B. They didn't consider the total earning of the year.

My lawyer submited with evidence that company is in good financial position with 300+ employees on pay roll. They submited my $68k pay details evidence from 2003. They showed they paid the remaining on 2003 and paystubs from 2004.

Let's see what will happens.
Click to expand...
This is very stupid of USCIS that they did not look at what is being presented to them. I think the Yates memo has given too much power in the hands of some inexperienced adjudicators. Vagaries of being an immigrant in this country ....
 
unitednations said:
another member sent me a PM. He hasn't posted his details. However, it is relevant to this thread.

His 140/485 was denied in September.

He submitted 290b on October 13, 2004

On December 3, 2004 the message on his 140 and 485 has been changed to the case has been opened on a motion by bcis. Therefore, his case is going to get approved.

Therefore, 51 calendar days for him to get a decision. It did not go to AAO. These are the only details I have. Thought everyone should know.
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I know of another case that I have been tracking. This case was last updated on 08/31/2004 and then 09/01/2004 with no change in status. Then today 12/03/2004 the status changed to, this case has been transferred to AAO. I am guessing that the case was denied on 08/31/2004 or 09/01/2004 and assuming that the MTR was filed by the 30th day, the MTR would have been filed on 10/01/2004 - 10/03/2004 timeframe and exactly after 60-62 days the case was transferred to AAO. So they are taking about 50-65 days to decide on the MTR. If I look at it that way, I should know one way or the other in the next 30-35 days (My MTR was filed on 11/02/2004). I hope its not a bad start to the new year ....
 
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Dazzling,

That's a good research to help people like me to understand. My MTC/appeal also in the same situation, and not sure whether I need to file with another Pre-approved LC.
 
dazzling said:
I know of another case that I have been tracking. This case was last updated on 08/31/2004 and then 09/01/2004 with no change in status. Then today 12/03/2004 the status changed to, this case has been transferred to AAO. I am guessing that the case was denied on 08/31/2004 or 09/01/2004 and assuming that the MTR was filed by the 30th day, the MTR would have been filed on 10/01/2004 - 10/03/2004 timeframe and exactly after 60-62 days the case was transferred to AAO. So they are taking about 50-65 days to decide on the MTR. If I look at it that way, I should know one way or the other in the next 30-35 days (My MTR was filed on 11/02/2004). I hope its not a bad start to the new year ....
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Dazzling,

My case is already crossed that 60 to 62 days frame what you mentioned. We will see..
LUD for I-290B is 09/28/2004
 
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