Immigration Voice

Immigration Voice (https://immigrationvoice.org/forum/)
-   Interesting Topics (https://immigrationvoice.org/forum/forum107-interesting-topics/)
-   -   Need help-I485MTR pending more than year (https://immigrationvoice.org/forum/forum107-interesting-topics/25688-need-help-i485mtr-pending-more-than-year.html)

RajWantsGC 05-12-2009 11:57 PM

Need help-I485MTR pending more than year
 
Hello Gurus,
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?

Any help will be highly appreciated.
Thanks
Raj

Roger Binny 05-13-2009 12:05 AM

First trying infopass is the right idea, even if you contact congress man and senators they may ask you to go through info pass first.

Google your statename and senators you should get the list, its not hard to find their home pages.

These are my opinons.

By the ways what is the reason they cited when the EB2 I-140 was denied?

RajWantsGC 05-13-2009 12:59 AM

Thanks Roger for the reply. Mine was 3 years degree. So they mentioned that it is not equvilent to U.S. Bachelor degree. They did not have any issue with my experience which is more than 5 years.

chanduv23 05-13-2009 02:35 PM

Looks like - they keep pulling up your information using your A number and for some reason they may be relating to your EB2 i 140 even though you have an EB3 i 140.

We have no clue what happens inside USCIS and how their record retention policy is.

You must do the following

(1) Write to Ombudsman - fill out form 7001 and attach all documents, proofs, and clearly explain the issue and hardships you are facing

(2) Write to both your Senators

(3) Write to your congressman

(4) Write to IV also in detail about your case. Don't have to write any private details.

chanduv23 05-13-2009 02:44 PM

Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...

When it comes to such complicated issues, you have to get real help.

Basically - you have to somehow cut through beurocracy and get your issues resolved.

Good luck, I am sure, things will get under control soon.

RajWantsGC 05-19-2009 05:20 PM

Quote:

Originally Posted by chanduv23 (Post 340996)
Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...

When it comes to such complicated issues, you have to get real help.

Basically - you have to somehow cut through beurocracy and get your issues resolved.

Good luck, I am sure, things will get under control soon.


Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj

chanduv23 05-19-2009 05:46 PM

Quote:

Originally Posted by RajWantsGC (Post 342195)
Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj

Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.

Approach your local congressman's office and tell them about your appeal and see if they can help

software7 05-27-2009 01:34 PM

I485 Interview, Denial , Filed MTR, Infopass experience, I485 reopened
 
I would like to share my I485 experience.

1.Brief History and Denial reason.

Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.

it was denied due to clear error.

2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.

Wrote letter seeking help of senator explaining situation.

Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

Did finger printing in May.

Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.

I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


.

chanduv23 05-27-2009 01:50 PM

Quote:

Originally Posted by software7 (Post 343488)
I would like to share my I485 experience.

1.Brief History and Denial reason.

Did I485 interview at local office in Jan 2009.
Got Denial notice stating that I485 filed when dates are not current.
This is not true. Filed I 485 in 2007 July Fiasco.
Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
Got I485 receipt in October.

it was denied due to clear error.

2. Filed Service MTR with out filing Fee ( as this is service error)
Did not get any communication for 3 months.
In between took info pass couple of times and it did not help.

Wrote letter seeking help of senator explaining situation.

Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

Did finger printing in May.

Since dates are not current, I am not expecting any approval.
AT least I am happy that. case was reopened.

I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


.

Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.


All times are GMT -4. The time now is 12:01 AM.

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org