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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #16  
Old 04-09-2009, 03:46 PM
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Originally Posted by wikipedia_fan View Post
Receipting is not done by VO and the staff who do receipting follow certain procedures.

USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.

Files are distributed to different officers and they work on the files.

Without a receipt number you cannot track your MTR.

Talk to a very good Attorney on further course of action.

I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.

When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"

Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Good information, thank you.
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  #17  
Old 04-09-2009, 03:52 PM
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Originally Posted by axp817 View Post
Good information, thank you.
In fact it should be the other way around

Appeal - should have Fee

MTR must not have a fee

But we never wrote these laws nor were we kept in mind when these laws were written.

The only way all these things seem to move along is because of Immigration help community like IV and experienced lawyers who have interpreted these ambiguous laws.

At the end of the day it is all about Money, everyone has their piece of cake.
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  #18  
Old 04-09-2009, 03:57 PM
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Quote:
Originally Posted by wikipedia_fan View Post
Receipting is not done by VO and the staff who do receipting follow certain procedures.

USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.

Files are distributed to different officers and they work on the files.

Without a receipt number you cannot track your MTR.

Talk to a very good Attorney on further course of action.

I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.

When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"

Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.

Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
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  #19  
Old 04-09-2009, 04:11 PM
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Originally Posted by axp817 View Post
Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.

Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW
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  #20  
Old 04-14-2009, 01:07 PM
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Angry got mails from DHS

Quote:
Originally Posted by number30 View Post
Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.
Customer service opened SR and sent to local office. Got letter from DHS (3 weeks back)that they researched case and are actively processing it, also if I dont get any correspondence with in 180 days contact them.

Till date I did not get any letter saying that case has opened. Will it help if I take Infopass and go to local office. Please advice.
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  #21  
Old 04-14-2009, 01:31 PM
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Originally Posted by software7 View Post
Customer service opened SR and sent to local office. Got letter from DHS (3 weeks back)that they researched case and are actively processing it, also if I dont get any correspondence with in 180 days contact them.

Till date I did not get any letter saying that case has opened. Will it help if I take Infopass and go to local office. Please advice.
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
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  #22  
Old 04-14-2009, 03:44 PM
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Angry I140 denied incorrectly-I 485 denied

My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.

My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.

I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.

Can I use my EAD?-----My Lawyer says my EAD is invalid.
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  #23  
Old 04-14-2009, 04:55 PM
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Originally Posted by CHRAMA View Post
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.

My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.

I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.

Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.

Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
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  #24  
Old 04-14-2009, 09:24 PM
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Thank you everyone, Just I received my I140 approval.
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  #25  
Old 05-12-2009, 03:13 PM
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Originally Posted by chanduv23 View Post
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
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  #26  
Old 05-12-2009, 04:21 PM
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Quote:
Originally Posted by chanduv23 View Post
Interesting. Talk to congressman and senator - talk to IV - IV also helps in these situations.
Chandu,
How does one find the local congressman/senator's contact info?
i would like to get help on my MTR/re-appeal for 140 denial.

thanks.
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  #27  
Old 05-12-2009, 06:10 PM
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Originally Posted by software7 View Post
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
software7,

would you please let me know in detail how you approached congress men and senators?
How did you get their addresses and contact numbers? I am also in the similar situation.
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  #28  
Old 05-12-2009, 06:34 PM
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Originally Posted by software7 View Post
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
I liked the "Filing Fee Not enclosed" part. How did you manage to open an MTR without attaching a fee check? Please let us know. Ideally, we should not attach fee with MTR for such cases as these are USCIS errors.
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  #29  
Old 05-12-2009, 09:43 PM
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Default MTR filing with out fee

If case is denied due to USCIS error, MTR can be filed with out fee. when filing MTR it should clearly mention that " Service request for MTR" which implies that denails s due to erroneous decison. (Attorney filed this MTR with Subj: Service request for MTR, enclosed all documents which supports that decision is taken by error and to reconsider).

Last edited by software7; 05-12-2009 at 10:00 PM.
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  #30  
Old 05-13-2009, 09:35 AM
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Here is a website where you can find your congressmen and senators
http://www.visi.com/juan/congress/
Key in your full zipcode (5+4)
Also you can find house representatives at http://www.house.gov/
and Senators at http://www.senate.gov/

Do find your nearest lawmakers office from the lawmakers website

Quote:
Originally Posted by RajWantsGC View Post
software7,

would you please let me know in detail how you approached congress men and senators?
How did you get their addresses and contact numbers? I am also in the similar situation.
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