I-140 denied !!! Please help

[umeshsak]

My I-140 was denied on May 19th 2008 without any NOID or RFE and received denial notice from USCIS on 27th May.

The Denial notice says that USCIS sent us an RFE which was never responded and hence denial.

Frankly, I was monitoring the case almost everyday but status was always "case received and pending" until it got denied. There was not even LUD on the case.

My lawyer says that he never received an RFE. Now we have filed an MTR with sworn letter saying my lawyer never received any RFE. The MTR is pending with NSC center.

I would like to know what are the chances of re-opening the I-140 case and sending RFE again? How much time it takes to process the MTR?

We still don't know what RFE was for.

Please help!!!... My H1 extension is also pending.

Thanks

[kshitijnt]

My I-140 was denied on May 19th 2008 without any NOID or RFE and received denial notice from USCIS on 27th May.

The Denial notice says that USCIS sent us an RFE which was never responded and hence denial.

Frankly, I was monitoring the case almost everyday but status was always "case received and pending" until it got denied. There was not even LUD on the case.

My lawyer says that he never received an RFE. Now we have filed an MTR with sworn letter saying my lawyer never received any RFE. The MTR is pending with NSC center.

I would like to know what are the chances of re-opening the I-140 case and sending RFE again? How much time it takes to process the MTR?

We still don't know what RFE was for.

Please help!!!... My H1 extension is also pending.

Thanks

Just have patience. Things will work out.

[aniltatikonda]

It doesnt take much time to reopen your I140 case and get it resolved.if you have full support from your employer and lawyer.

[amitjoey]

My I-140 was denied on May 19th 2008 without any NOID or RFE and received denial notice from USCIS on 27th May.

The Denial notice says that USCIS sent us an RFE which was never responded and hence denial.

Frankly, I was monitoring the case almost everyday but status was always "case received and pending" until it got denied. There was not even LUD on the case.

My lawyer says that he never received an RFE. Now we have filed an MTR with sworn letter saying my lawyer never received any RFE. The MTR is pending with NSC center.

I would like to know what are the chances of re-opening the I-140 case and sending RFE again? How much time it takes to process the MTR?

We still don't know what RFE was for.

Please help!!!... My H1 extension is also pending.

Thanks


USCIS has been denying I140's a lot lately. In my case, I140 was pending since OCT 2006, then in Nov 2007, they sent an RFE, which the lawyer replied to and then USCIS Denied I140 in March 2008. They had not even looked at the response to RFE. We filed an MTR and the I140 was approved.

It feels like it is an easy way to make some more money and bide some more time. It costs $580 per MTR, and 1485 also gets rejected/denied. So, now you have to pay additional $580 per person for MTR for I485 + Lawyers fees.

[lazycis]

MTR should be processed within a few weeks. You have a very good chance to prevail so try to calm down and enjoy the summer. If MTR is denied, ask lawyer to file an appeal.

[umeshsak]

Thanks all for the reply and encouragement. My I-485 is still not denied and H1 extension is also pending. The extension was filed on April 9th at Calif center. Calif center has already finished processing cases on or after April 16th. That mean my case is almost 10 days out of processing time.


My lawyer called up USCIS and USCIS told him that they can only oper SR if the case is out by 30 days. I am worried as my I-140 denial shouldn't impact my H extension although I have already filed an MTR. I have received the receipt for MTR from USCIS.

Thanks.

[vallabhu]

USCIS will not denial on H1 extension if I140 is denied, you will receive an RFE with 90 days time to respond and that is enough time for you receive a receipt notice on MTR and you should be ok when you send that as response to RFE. All the best.

[umeshsak]

Now that my I-140 is denied and MTR has been filed. I have received the MTR receipt. I do have I-485 pending though.

Some people say my I-485 is implicitely invalid. Some say it's still valid. My attorney says It's good and he even applied for my EAD renewal.

Does anybody know if USCIS can deny I-485 if I-140 MTR is pending? Pl let me know.

[fumablanc]

If 140 is denied 485 is not denied automatically. When MTR is pending or being processed 485 is not debied. Don't get panic, be cool as your situation is not alarming.

My 140 is denied on June 6. My 485 is not denied yet. I spoke to many attorneys. If your 485 is denied you will receive deniel notice that takes many weeks.

I am telling once again if your 140 is denied 485 is not denied. They give some time to reopen the case through MTR or appeal.

Hope this helps.

Murali

Now that my I-140 is denied and MTR has been filed. I have received the MTR receipt. I do have I-485 pending though.

Some people say my I-485 is implicitely invalid. Some say it's still valid. My attorney says It's good and he even applied for my EAD renewal.

Does anybody know if USCIS can deny I-485 if I-140 MTR is pending? Pl let me know.

[sri1309]

Guys,

I went thru something like this and I came out of it.
"I-140 denied, urgent help please" is forum title I created in immigration.com,. you may want to refer that once to see what I did.

After MTR was applied I got my 140 approved in 20 days. I-485 would have been denied based on 140 denied, but didnt happen, and even if it does, I understood it can be reinstated by opening it again, may be with one more MTR.
As of now I am good and recently applied for EAD/AP renewal. I never got 485 denial.
I know how it feels, but I am very sure you will be fine. I am sure your attorney is a very good one.

In worst case if something unfavorable happens and if you think your attorney did a bad job, go to someone who is very well reputed and handled things like this. It may cost you a couple of 1000s, but its worth.

Good luck to you.

Thanks,
Sri

[gckalafda]

Guys,

I went thru something like this and I came out of it.
"I-140 denied, urgent help please" is forum title I created in immigration.com,. you may want to refer that once to see what I did.

After MTR was applied I got my 140 approved in 20 days. I-485 would have been denied based on 140 denied, but didnt happen, and even if it does, I understood it can be reinstated by opening it again, may be with one more MTR.
As of now I am good and recently applied for EAD/AP renewal. I never got 485 denial.
I know how it feels, but I am very sure you will be fine. I am sure your attorney is a very good one.

In worst case if something unfavorable happens and if you think your attorney did a bad job, go to someone who is very well reputed and handled things like this. It may cost you a couple of 1000s, but its worth.

Good luck to you.

Thanks,
Sri

My 140 got RFE back in oct 2007 and repleid in Feb2008 and after that case transfered to Texas from Nebraska center LUD was 02/27/2008, I haven't heared anything after that ..

Do you guys have any Idea.

[umeshsak]

Hello members,

As I stated at the begining that my I-140 got denied on May 19th and online status message was updated to "Denial notice sent". We filed MTR on June 9th 2008.

On July 27th I see that there is an LUD on the denied I-140 case. The status message is not updated at all.

I am afraid as earlier before denial, there was no status message update and USCIS said RFE was sent and we didn't reply and hence denial.

I don't want that to happen now. How do I know the meaing of LUD on the I-140 after MTR? I called up USCIS and the customer rep couldn't say more than what is there on the web.

What are my options here? How do I know why the LUD was? Have they sent the RFE again and forgot the update the message?

Can somebody reply. This is really killing. It's been over 9 years here now and still waiting for I-140. :(

Thanks

[cygent]

Hi Umesh,

That LUD was almost universal for NSC summer 07 filers, so please don't worry about that. It is 9 yrs. for me too, 140 pending, so I understand how you feel, but please do stay focussed and think with a calm mind.

[gckalafda]

Hey Guys!

Don't worry its time re-think and go back.. I am in same boat, look at our status after 9 yrs ..it is still jepordizing . hahahah





Hi Umesh,

That LUD was almost universal for NSC summer 07 filers, so please don't worry about that. It is 9 yrs. for me too, 140 pending, so I understand how you feel, but please do stay focussed and think with a calm mind.

[thomachan72]

MTR should be processed within a few weeks. You have a very good chance to prevail so try to calm down and enjoy the summer. If MTR is denied, ask lawyer to file an appealIf you don't like something, change it. If you can't change it, change your attitude. Don't complain....

Just couldn't help noticing your signature sentence. It is simple yet very powerful.

[eb3_nepa]

What is an MTR?

[indyanguy]

What is an MTR?

MTR = Motion to Reconsider