Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > AC21 Portability after 180 days of 485 filing
Click to log in with Facebook
AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-25-2009, 09:43 PM
sai66 sai66 is offline
Junior Member
Priority Date
:
Mar-05
Category
:
N/A
I140 Mailed Date
:
03/21/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
03/21/2008
Compare
Join Date: Jan 2009
Posts: 3
sai66 is infamous around these parts
Default Question regarding MTR(Motion To Reopen) if my employer revoke my I-140 !!!!!!

Hi All,

I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).

Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).

I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.

Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.

Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.

Please explain me in detail.
Bookmark and Share Compare Reply With Quote


  #2  
Old 01-26-2009, 10:32 AM
niidawg3 niidawg3 is offline
Junior Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Ghana
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2009
Posts: 6
niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold
Default

1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

But life goes on...
Bookmark and Share Compare Reply With Quote


  #3  
Old 01-26-2009, 01:03 PM
reddog reddog is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 193
reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of
Default

Quote:
Originally Posted by niidawg3 View Post
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

But life goes on...
brilliant dude. nice reply.
Bookmark and Share Compare Reply With Quote


  #4  
Old 01-26-2009, 04:51 PM
pd_recapturing pd_recapturing is offline
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Oct 2006
Posts: 477
pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute pd_recapturing has a reputation beyond repute
Default

Quote:
Originally Posted by niidawg3 View Post
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

But life goes on...
Very accurate and to-the-point answers. Awesome post !!

Can you please keep us informed about the reason as to why did the deny your I-485?
Bookmark and Share Compare Reply With Quote


  #5  
Old 01-26-2009, 05:28 PM
sanjay sanjay is offline
Senior Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
11/15/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: May 2006
Posts: 319
sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future sanjay has a brilliant future
Default

Quote:
Originally Posted by niidawg3 View Post
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

But life goes on...
Good information for all those who had or thinking of using AC21.
Very well written to-the-point information.
__________________
To keep a lamp burning, we have to keep putting oil in it - Mother Teresa.
Bookmark and Share Compare Reply With Quote


  #6  
Old 01-26-2009, 07:01 PM
niidawg3 niidawg3 is offline
Junior Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Ghana
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jan 2009
Posts: 6
niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold niidawg3 is a splendid one to behold
Default

So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bu...etin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrele...ate17Jul07.pdf, USCIS issues an update allowing

It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

I know i would have lost my job if i made such a life-altering and blatant error!!

I cant believe an Infopass can't resolve this, and I need to go down the MTR route.
Bookmark and Share Compare Reply With Quote


  #7  
Old 01-26-2009, 08:22 PM
crazyghoda crazyghoda is offline
Senior Member
Priority Date
:
Sep-05
Category
:
EB3
I140 Mailed Date
:
02/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/05/2007
Compare
Join Date: Mar 2008
Posts: 162
crazyghoda has much to be proud of crazyghoda has much to be proud of crazyghoda has much to be proud of crazyghoda has much to be proud of crazyghoda has much to be proud of crazyghoda has much to be proud of crazyghoda has much to be proud of crazyghoda has much to be proud of crazyghoda has much to be proud of
Default

Wow! This is really something. I believe my lawyer even attached a printout of a copy of the visa bulletin for my 485 case. I was laughing at that point saying wouldnt they know whats current, but now after hearing this, I stand corrected. being as conservative as possible is the best option when dealing with this agency.
Bookmark and Share Compare Reply With Quote


  #8  
Old 02-19-2009, 02:46 PM
vasireddyanil vasireddyanil is offline
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 5
vasireddyanil is on a distinguished road
Default

Employer: A

December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas

February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

March 03/2008 I140 Notice Returned as Undeliverable

March 05/2008 I485 Denial Notice Sent


August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney’s negligence and mistakes.

Nov 26 2008 MTR received and pending

What will be my fate? How long should I wait??
Bookmark and Share Compare Reply With Quote


  #9  
Old 02-19-2009, 05:41 PM
adibhatla adibhatla is offline
Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
08/08/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Jul 2007
Posts: 43
Blog Entries: 1
adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute
Default

Just a small addition to your point 4.

MTR allows you to work. Usually an MTR is supposed to be filed within 33 days after you have recieved your denial. As soon as the USCIS recieves your MTR (which is your I290B form), they issue a notice number. This number allows you to work. The only time you are not technically allowed to work is the time since you recieved the denial notice till you recieve your I290B notice number.

Quote:
Originally Posted by niidawg3 View Post
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).

2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.

3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.

4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.

5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.

6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.

Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.

But life goes on...
__________________
PD: 05/2007, EB2
RD: 08/08/2007, ND: 10/01/2007
Invoked AC21 once - I485 denied due to missing G325A forms. MTR successful, I485 reinstated back to processing
Bookmark and Share Compare Reply With Quote


  #10  
Old 02-19-2009, 10:42 PM
vasireddyanil vasireddyanil is offline
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 5
vasireddyanil is on a distinguished road
Post

adibhatla,

Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

On February 13 2008, the US citizenship and Immigration service’s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

The decision leaves you without lawful immigration status……….
--------------------------------------------------------------------------------------------

After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00

It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

The notice number you are referring is same as I mentioned or different?

I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





Employer: A

December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas

February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

March 03/2008 I140 Notice Returned as Undeliverable

March 05/2008 I485 Denial Notice Sent


August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney’s negligence and mistakes.

Nov 26 2008 MTR received and pending

What will be my fate? How long should I wait??
Bookmark and Share Compare Reply With Quote


  #11  
Old 02-20-2009, 01:57 PM
adibhatla adibhatla is offline
Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
08/08/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/08/2007
Compare
Join Date: Jul 2007
Posts: 43
Blog Entries: 1
adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute adibhatla has a reputation beyond repute
Default

Anil,

Yes the notice (I was mentioning) and the receipt number are the same. If you apply for MTR and you receive the SRC number you can continue to work. If the decision is positive your case will be put back to pending status else you need to get back to your lawyer to determine the future course of action.

Quote:
Originally Posted by vasireddyanil View Post
adibhatla,

Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):

On February 13 2008, the US citizenship and Immigration service’s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.

8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.

The decision leaves you without lawful immigration status……….
--------------------------------------------------------------------------------------------

After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00

It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...

The notice number you are referring is same as I mentioned or different?

I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..





Employer: A

December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas

February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

March 03/2008 I140 Notice Returned as Undeliverable

March 05/2008 I485 Denial Notice Sent


August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney’s negligence and mistakes.

Nov 26 2008 MTR received and pending

What will be my fate? How long should I wait??
__________________
PD: 05/2007, EB2
RD: 08/08/2007, ND: 10/01/2007
Invoked AC21 once - I485 denied due to missing G325A forms. MTR successful, I485 reinstated back to processing
Bookmark and Share Compare Reply With Quote


  #12  
Old 02-20-2009, 07:33 PM
vasireddyanil vasireddyanil is offline
Junior Member
Priority Date
:
Dec-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 5
vasireddyanil is on a distinguished road
Default

Adibhatla,
Thanks for the response. Could you please provide me some documental support in this regard. I need them to convince my client. I came out of the project due to this issue. To go back again I need to provide a little support. Atleast, if possible please provide me some links.

One more question. My EAD will expire by April. Can I apply for renewal?

Thanks
Anil

Last edited by vasireddyanil; 02-20-2009 at 07:59 PM.
Bookmark and Share Compare Reply With Quote


  #13  
Old 04-09-2009, 03:05 PM
software7 software7 is offline
Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Apr 2009
Posts: 33
software7 is a splendid one to behold software7 is a splendid one to behold software7 is a splendid one to behold software7 is a splendid one to behold software7 is a splendid one to behold software7 is a splendid one to behold software7 is a splendid one to behold
Angry I got my I-140 Approved in 2007 and I-485 applied in July Fiasco (which was denied))

I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.

In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.

There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).

They sent Denial letter to Attorney stating that I485 application was filed when dates are not current
Took Infopass and went to filed office where I was told that this is USCIS Service error, file MTR with out Filing Fee.

Filed MTR thru Attorney.. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).

Till date I did not get any communcication from USCIS. 2 months have been passed.

Please advice me on this issue

Last edited by software7; 05-13-2009 at 12:43 PM.
Bookmark and Share Compare Reply With Quote


  #14  
Old 04-09-2009, 03:37 PM
number30 number30 is offline
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
05/28/2003
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 353
Blog Entries: 1
number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future
Default

Quote:
Originally Posted by software7 View Post

Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).
Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.

Last edited by number30; 04-09-2009 at 03:45 PM.
Bookmark and Share Compare Reply With Quote


  #15  
Old 04-09-2009, 03:42 PM
wikipedia_fan wikipedia_fan is offline
Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
06/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2008
Posts: 29
wikipedia_fan will become famous soon enough wikipedia_fan will become famous soon enough
Default

Quote:
Originally Posted by software7 View Post
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco. working for same employer who filed labor in PERM. Recently got letter from DHS stating that I485 denied as it was filed when dates are not current.

In july 2007, USCISreleased memo stating that they will accept all applications till August 17' 2007. Mine was reached on Aug 14'2007 well before deadline. Got I485 reciept in october 2007.

There are 2 dates on receipt. 1. Received Date (Aug 14) 2. Receipt Date (Oct 12 ' 2007).

They sent Denial letter to Attorney on 01/19/2009 stating that I485 application was filed when dates are not current , they mentioned that on the day receipt date (oct 12' 07) dates are not current.

Took Infopass and went to filed office where I was told that if I this it is USCIS Service error, file MTR .

Filed MTR thru Attorney on Feb 5 09. Filing Fee is not enclosed as it is USCIS service error.
(This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).

Till date I did not get any communcication from USCIS. 2 months have been passed.

Please advice me on this issue
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.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
MTR - Motion to Reopen / Reconsider ny913 Non-Immigrant Visas 0 09-26-2010 09:42 PM
I140 Denied / Motion to Reopen / AP krish01 Analysis Discussion 2 09-24-2009 04:38 PM
New Improvements in MOTION TO REOPEN OR RECONSIDER yestogc AC21 Portability after 180 days of 485 filing 2 05-15-2009 05:18 PM
Motion to reopen chamakuri Non-Immigrant Visas 5 11-08-2007 12:35 AM
Motion to Reconsider / Reopen PERM application. santoshmn Retrogression, priority dates and Visa bulletins 0 06-17-2007 01:47 PM



All times are GMT -4. The time now is 12:23 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org