Discuss tapukakababa's I-140 Denials & MTR USCIS Case

Hi tapukakabab,

Did you receive approval from AAO on your EB2 appeal? If so, do you know when your file went to the AAO? My file went to the AAO on 5/19/2008 and I am still waiting to hear from them. I have also filed another EB3 petition for the same labor. But they won't act on it until they receive AAO's decision on my EB2 appea.

Thanks,
laststraw

Yes I did receive my MTR approval and it took exactly 2 years. My file went to the AAO on March 15, 2008 and it got approved on April 15th, 2010..so almost 2 years and 1 month more.. After the approval, my lawyer had to follow up with USCIS to get my I-140 approved on May 15th, 2010 as generally after AAO approval USCIS says that it may take 30 to 60 days to approve my I-140. Once that got approved my lawyer also had requested to re-instate my I-485 back and i got that re-instated on June 6th, 2010 and then filed for my EAD renewal soon after.

Don't worry you should be getting yr AAO approval soon and if not then ask your lawyer to follow up coz it does make a difference. Lawyers can appeal personally to USCIS.

Congrats on your approval.

When you were about to get the approval what did the status on 290b say? I'm trying to make sense of my Status:

Status untill last week said:The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office.

Last week on 15th the status changed to: On June 15, 2010, the Administrative Appeals Office returned this case. If your case was remanded or your appeal was sustained, we will notify you of our action within 60 days of the date of the AAO decision.

No change in the status of denied I-140.

Please let me know

Congrats tapukakabab on your approval and getting back on track.

My case was sent to AAO on May 8, 2008. I think that based on your case, I should be hearing back from the AAO shortly. I will follow your suggestion on requesting my lawyer to follow up.

@trackright: It takes time for USCIS to update the I-140 status. If you have have your I-485 based on that I-140 as well then both yr I-140 and I-485 will get updated at the same time. To expedite the process you should ask your lawyer to follow up with USCIS on your case. But to do that wait for 30 to 45 days. Read my comments earlier.

Hi tapukakabab,

My 140 was denied in December 2008 on the basis of delayed response to RFE, even though my employer and lawyer claim that they did send all the required documents in time and have the Fedex reciepts to prove it. I am waiting on my I 290 B from December 2008. My lawyer says that there is nothing he could do than just wait till he hear back INS.

Can I file a second I140 just to be on the safe side? Or do I need to wait 6-7 months more and expect a response on my I290B? Please advice.

Dear brkreddyin,

You should not rely on any USCIS/INS cases, please go ahead and file your new I-140 right away and I would say file an additional new GC labor simultaneously.. it will only help you in the long run if anything happens to the first GC process.... you can file multiple simultaneous GC process at a time form same employer...

Thanks for the advice.

Hi tapukakababa, I'm in the same boat as you and will appreciate a pill of advise. Listen - did you follow the 'Last Updated Date' (LUDs) on your case? If so, then could you brief us about how they went? I got one when the case was first transferred to AAO (Oct '10), then once recently (Feb 26). Just wondering what the gaps were for you. TIA -Sen

Hi senhorak, dont remember now but everything happened together. The I-290B (MTR) was applied 03/18/2008 but I didnt had the LIN number to track. I received it later from my employer after a year and by then it was already in pending status with AAO. It got approved on 04/15/2010 and then was transferred and reinstated by USICS on 6/21/2010

Thanks.

Hi, I received an I140 denial on 13th of feb 2012 based on the reason given below. Please help.. what should i do.. should i file for MTR ..Do you see any chance of getting MTR approved

The analysis of the beneficiary’s credentials relies on work experience alone or a combination of multiple lesser degrees or credentials, the result is the “equivalent” of a Bachelor’s degree. The beneficiary does not possess a single degree that is equivalent to a full, four year Bachelor’s degree in one of the acceptable fields of study. The petitioner has not established that the beneficiary holds an advanced degree or an academic record showing a foru year bachelor’s degree and five years of progressive experience in the specialty. Accordingly, the beneficiary’s eligibility for classification as member of the professions holding and advanced degree has not been established, and Form I140 must be denied

Along with I290B form, what are the additional documents or evidence must submit? Can i self file I290B petition or lawyer required?

Thanks