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Topic: MTR dates, information & results
Your lawyer will receive the explanation of the denial. It may be that your motion was indeed granted but they still were not convinced with the evidence. You can file another MTR within 30 days of this one. The issue is the evidence must be new, meaning it was not available at the time of your previous filings. On my second MTR which they denied, they did not offer any futher chances of appeal, so I guess they have a two chance rule and then you are out.
I would take the 2nd MTR - the only thing you have to lose is the $585. Give them lots of evidence along with the offer letter, also any affidavits that you can supply from your university. Also, print out the memo about the grants and cover that issue too. Which box did you check on the I-290b form?
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Kazzuk,
Thank you for the details and your suggestion. I have no idea which box she picked on the I290b form or what kind of materials she submitted for the MTR. :-(
My university lawyer is so bad that she didn't give me a copy of the I290B form, although I requested. What she meant is she is the lawyer, my university is the petitioner, and I am only the potential benificiary of this case, so I don't need to know any details.
I will talk to my Department Head to see what I can do next. I want to do the second MTR if possible.
Has your case been transfered to AAO after they denied your second MTR? I think everyone should be offered at least one chance to appeal the case to AAO, who will give the final decision. Am I wrong with that?
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If you want your case to go to AAO then make sure you check the box for appeal. If you choose this option, it will take approx. 12 - 18 months before it gets adjudicated. I didn't choose the appeal box, my first MTR was a reopen option and my second MTR was reopen and reconsider.
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Your lawyer's statement is not correct. You are entitled to the documentation of your case. I think you should try talking to your department head, or the person who offered you the job. They should support you in getting the documents!
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MTR denied and case transferred to AAO. All the time and money is lost with full of tensions. Anyways I am planning to start with a new labor. Good Luck to all others who are still fighting with MTR's
Thanks for all your support
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What happens if you donot choose the appeal box, how long does it take then.
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Update on my case:
TSC
I-140/I-485 e-filed concurrently on August 17,2007 - EB2
I-140 - "Denial Notice Sent" - denied on July 26,2008 - reason: missing documents (paperwork could not be matched with online application)
I-485 - "Case received and pending"
MTR - filed on Aug 1,2008 (MTR was the only option indicated on the I-140 denial notice)
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Sent letters to senator + congressman (I don't know if this helped or not)
I-290B renewal - filed on Sep 18, 2008
MTR and I-140 approved on Sep 26, 2008
Current Status :
I-485 - Pending
I-290B renewal - Pending
Thank God I had I-140 approved! I don't want to describe what I went through these months...although it's not over yet, I still have I-485 pending.
Good luck everybody, and thank you for information and support!
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Hi Miranda,
Great news.. Congrats for getting MTR approved. The lawyers are going to file MTR next week (hopefully)
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Filed MTR for I-140 withdraw on August 29.
Received I-290 receipt notice, but no update.
How long it will take for approval?
Anybody filed MTR in August?
Thanks
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Today got my 140 approval after long wait. MTR was filed on 29-Jul-2008.
Thanks to this wonderful thread guys and I hope everyone will get approval notice soon.
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Hi,
My I-140 MTRfiled on Oct1st. How long will it take to get receipt and process MTR?
Thanks
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In our case, we filed MTR in June 13. We got the receipt for I-290B about 10 days later, and the receipt indicates the notice was generated in June 16.
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i have files my MTR in march 2008 after my i140 denied due to education evaluation goof up by the lawyer. so i file 290B on 4/6/08 and i see LUD on my i140 with same date
my 290B shows this message "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now pending standard processing at a USCIS office. "
AND my i 140 shows this message "The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office"
my 290B and i140 both shows same date.
can anybody shade a light on this ...does this mean my i140 is back in line with normal processing with new papers we have filed with 290B. in that case is the waiting time gonna start from 4/6/2008?
thanx in advance
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