What is MTR? Please help after EB-1EA denial

chiron

Registered Users (C)
I am new to this forum. Just realized this forum after my EB-1EA denial on April 20. Should come to this forum earlier. I have read several posts mentioning after denial, we can file appeal or a MTR. Please train me here, what is MTR? Thanks guys, Please help!!
 
MTR = Motion To Re-open

chiron said:
I am new to this forum. Just realized this forum after my EB-1EA denial on April 20. Should come to this forum earlier. I have read several posts mentioning after denial, we can file appeal or a MTR. Please train me here, what is MTR? Thanks guys, Please help!!
 
Thank you for the reply! How can I apply MTR? What is the criteria for applying the MTR? Time is running out for my appeal, please please help!
 
Sorry, I cannot help on this topic. You'd better bring your materials to lawyers and they can help you out.

It depends on where you are. There are some good lawyers in different states. Find the reliable lawyer with good reputation.

chiron said:
Thank you for the reply! How can I apply MTR? What is the criteria for applying the MTR? Time is running out for my appeal, please please help!
 
Try search for a post on this forum about MTR and Appeal

I remember there was a post on this forum detailing the difference between the two types. Try to search for it. Note, however, it's not exactly lawyers posting on this forum, so maybe it's still worth hiring a lawyer. Especially since appeal could be a little tricky to deal with.

chiron said:
Thank you for the reply! How can I apply MTR? What is the criteria for applying the MTR? Time is running out for my appeal, please please help!
 
chiron,
i think MTR is for I-485, and appeal is for I-140. Did you file concurently?
I got my NIW denied, filed appeal (through a lawyer) and appeal got approved, after that I filed I-485. Details are in my former posts.
Are you on EAD or H-1B currently?
 
Thank you very much for your kind reply! Compass, I filed I140 only, didn't file 485. I am on H-1 visa now, less than 2 years left. When do yu think I can file H-1 extension?
 
chiron,
This is great you are on H-1, then you should not worry about your status now. If you have family, make sure they keep H-4...
If you have about 2 years from 6-year limit, then you got some time... you could file appeal and at same time or little later file another I-140, I would recommend under different category (NIW, or OR, or both). If you work for a university or a big well-known company, then OR from them would be safest (and then you could concurrently file I-485 also). If for a small non-reliable company, then NIW (self petition) would be better...
Be careful what you claim; 'commanding a high salary' means really high one :)
How about judging of work of others? This is a very important point... have you been invited to review manuscripts? grant proposals? My lawyer pointed out this for me, and I got proof of that.. and also I reviewed a book back in my home country, I did photocopy a cover with my name as reviewer :) and attached translation of that cover...
 
I never get a chance to chrage other person's work. Due to the limited time for appeal, I will just file an appeal letter. The only extra evidence I have is one recommendation letter from my friend, who is on a senior position in a big company and totally outside of work circle. I know the appeal have no chance at all, but I still will try until I am totally shot down.
My small company's lawyer is still reviewing my case. It is hard to push them now. :(
 
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