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Has any one received a green card or knows of one on this forum (pl refer link if you know of one) after MTR was approved and resulted in reopening of I485. My PD is Oct 2002 and EB3--had my I140 not been wrongly revoked, I should have got the GC. Well I filed for MTR and was lucky to get speedy approval (thanks to congressman and ombudsman). I am wondering if I will get a GC soon or am I to wait for PD to get current--the process is horrible ...Thanks--mohican

what about the greencard--does that come for folks who would have other wise got it had it not been for the mess up for which we had to file MTR?

why is the lawyer telling u to file 2 MTRs--per ur post I read that you plan on filing one for appealing I140 revocation and the other for re-opening I485. My understanding is to file 1 MTR for re-opening I1485 by making a case for wronful I140 cancellation. My 2 cents.

My MTR was reconsidered--what a relief. Here is the response:

"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."

My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.

My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?

My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?

ur dates are wrong--i assume u meant 2008

My MTR was filed in Feb 2009 and I have a receipt notice of Feb 9th 2009. However, the receipt notice mentions MOTIC on the top right hand side instead of MTR. My question to resourceful members on this forum:

1. What is the difference between MTR (Motion to Re-Open/Reconsider) vs. MOTIC (Motion to Reopen before Commissioner)?
2. If there is a difference is MOTIC bad or good?
3. What kind of of timeline should I expect. My case is one of wrongful I485 denial due to I140 revocation and non-adherence to AC21 guidelines

Mohican

Any updates on MTRS that were filed in 2009? How fast are they approving? Mine was filed last week and I am curious to know if the attention of Ombudsman has accelerated the MTR acceptance rate. My case is the same--wrongful denial due to non consideration of AC21 guidelines. My i485 was denied and backup H1b is only until June 2009.

I will appreciate if people on this forum could state strategies used to get MTR expedited that have worked.

Look forward to your responses.

Thank you all

Mohican

Dear Rajeshalex and other forum members--this is an urgent request.

If any one has more details on this case that Rasjeshalex mentions to have been won by murthy, please post details on this thread. I am also going to contact Murthy via urgent appointment--she charges $300 for 15 min...its expensive, but this will help my attorney establish precedence which you all know on this forum is so crucial.

PLEASE HELP!

Also, members following this thread--please share experiences or point threads that discuss about MTR expediting. My MTR gets sent out on Tue night.

Some steps that I will be doing:
1. Contact senator
2. Contact congressman
3. Visit DC and meet officers at USCIS (comments/thoughts?)
4. What other unsual and innovative means have been tried--please post

Post made by Rajeshalex:
Contact sheela murthy. I know a case which is similar to yours and she won it.

I know she charges higher, but do not take risk at this moment.

And finally both the guys got 140 approved and both guys got GC.

So good luck...

ok guys, I am back. About to file MTR shortly. I will update this with more information on what has happened since my last post. But before that, here is a "slumdog millionaire" questions to all you folks-
HOW LONG DOES AN MTR PROCESS TAKE AND WHAT ARE THE MEANS OF EXPEDITING IT, IF THERE ARE ANY?

More to follow later.
Mohican

this thread is not meant to answer this question.

I am not a mohan...I am the MOHICAN

Very true Vulcan. In fact now I know why my ex-employer's lawyer was so pro-active in calling me back when I went asking on what happened since all was suppose to go well considering AC21....he definitely has helped a lot, but at times one does think, what did I do ( haven't paid anything) and still getting all this help. Not all though, it has been selective. Well, all of you have a nice weekend. I might not be updating that frequently since i gotta spend time with my 2.5 yr ol boy as I travel (within US) a lot.

Cheers....thanks again to all of you to take the time and help clear my brains. I will update more as I hear or clarify matters as members respond. "Good night and good luck"

Dude--number 1 does by apply since I was legit employee of the company until June 2006. Mine was concurrent filing of i140 and i485 since in 2004 oct we were current and not retrogressed. So again-- the problem is the ability of employer to take an approved lc and substitute--- that's why they made that practice illegal starting June 2007

please note that it is not just revoking or withdrawal of I140 issue--straight forward MTR could help. Thanks for pulling up this rule. Also, refer post made by R....123--he/she does a good job of explaining the uniquness of my situation since it involves the underlying labor that supports I140.

My ex-employer's attorney's comments state the difference between just I140 and I140 + labor substitution. Hope this explains. I know its complicated.

"This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee."

See the remark "If only the I-140 had been revoked/withdrawn then you would still be portable". So its not just that and hence my nervousness on how an MTR could fix my issue. But I will try since non-MTR (PERM, new I140) route does not seem favourable coz I dont have time on my H1b (June 2009)

http://www.trackitt.com/discussion-forums/i485-...

Please use the post going fwd--my post with this title wasn't getting the attention and so I created the one above. Folks on this forum have provided some good insight on that thread. Thanks a lot.

I had a good relationship with my employer...it is some of the individuals whom you never work with but are responsible for liaison between attorney and company that are &^%$#@ and hold one's future---simply sick fellows

here is the official reason from my ex-employer--polite and sweet

I had spoken to XX at YY about your green card application and questions as well as to ABC. Although we are sympathetic to your situation, Ex-Employer needed your priority date for another employee, which is the reason your I-140 was withdrawn. As you were aware, once you left Ex-Employer employment, we had no obligation to continue supporting your application. Ex-Employer invests a significant amount of resources in obtaining green cards for its employees and does so with the expectation and hope that they will continue in our employ. We understand you may have had good reason for your choice to go elsewhere, however, our business needs required the withdrawal of this application to help us with our employment needs.

I understand from XX that in this case, there is no practical difference between a withdrawal and a revocation of the I-140 so to the extent that helps your attorneys with your case, please feel free to pass on that information. XX would know if any notice was provided and it appears that they have already answered your question on that matter.

I hope that your immigration situation is resolved in the near future and wish you luck in your future endeavors.

Sincerely
Ex-Employer Counsel

Yeah, I have the copy of the notice in my name stating the approval of I140 and I think I have the signed copy of the labor application that was submitted--I dont think I have the copy of LC approval. Will check. I am on the road currently. Not to sound vindictive, has any one sued ex-employers big time on such a practice--honestly, based on my skillsets I know I can get a job anyplace in the world--and would love to go back to India---the only thing is that i would like it to be planned and not rush to sell all assets esepecially in these depressed time. Apologies to have digressed.

So I think in summary I have 2 options:
1. MTR
2. Non-MTR ( File PERM, I140)

I will let u know what my lawyer acts on. For now I have scheduled a $250 for 20 min appt with the goddess of immigration law on Tuesday -yeah--did any one guess--LOSM...if not, and I won't believe any one on this forum does not know what LOSM stands for.

If she won the case--won't that establish a precedence (wearing my legal hat now)...and in that case shouldn't that be accessible to other lawyers too. Curious? Any more details on that law suite.

Mohican

my current attorney used to be the president of AILA 4 years ago and so I am assuming I am in good hands

Member Profile: mohican (28 posts)