Immigration Site

Hi Everybody,

My I 485 got denied recently due to an "Ability to pay" denial on I 140. In short, if you want an insight into how immigration officers can totally abuse their powers, feel free to contact me.

But now I have to file an appeal/MTR for the 140 and 485 and I need advice on that. "My goal is to get the fastest answer, yes or no", whatever it would.

My lawyer says that he would file an MTR for I 485 and an appeal for I 140. Now I heard or read somewhere that an MTR for I 140 "could" result in a faster decision for I 140.

But the lawyer says that it is totally absurd to file an MTR for I 140 as it never gets approved and filing an appeal is the same as filing an MTR as the supervising officer at USCIS would look at the case and if he buys the new arguments would approve it there or else send it to the appeals office where is is stuck for 12-14 months atleast.

So I would appreciate any opinions on what my lawyer is saying here.

If MTR for I 140 gives even a little bit more hope of a faster approval then I would want to go with that. Otherwise I may chose to even abandon the whole thing as Im sick of it.

Also if the I 140 application goes to the appeals office, what would the status be of the I 485 application and the EAD and AP that were issued to me. I havent used the EAD and am on H1B status.

Thanks in advance for your help.

Sonu

If you file MTR with appeal then you are requesting following two steps:
1. Your I-140 goes to the same adjudicator who denied your I-140 for the approval. This step is known as MTR (Motion To Reopen). If he approves then you will get your decision in short time.
2. If he denies then your application will automatically go to AAO for appeal, which takes about 12 to 15 months for decision.

If you file just MTR then you are requesting only the above 1st step. If he denies again then you have an opportunity to file for an appeal.

Generally, people file MTR with appeal so that they dont have to file appeal separately. The only advantage for filing MTR and appeal separately is if your MTR gets denied then you have one more chance to add few more documents before you file an appeal where in case MTR with appeal it automatically goes to AAO with out giving you a chance to add any more documents. So MTR with appeal and just MTR take the same amount of time for the 1st step. My suggestion is to file MTR with appeal if you are not planning to add any more documents in case your MTR gets denied.




Hi Everybody,

My I 485 got denied recently due to an "Ability to pay" denial on I 140. In short, if you want an insight into how immigration officers can totally abuse their powers, feel free to contact me.

But now I have to file an appeal/MTR for the 140 and 485 and I need advice on that. "My goal is to get the fastest answer, yes or no", whatever it would.

My lawyer says that he would file an MTR for I 485 and an appeal for I 140. Now I heard or read somewhere that an MTR for I 140 "could" result in a faster decision for I 140.

But the lawyer says that it is totally absurd to file an MTR for I 140 as it never gets approved and filing an appeal is the same as filing an MTR as the supervising officer at USCIS would look at the case and if he buys the new arguments would approve it there or else send it to the appeals office where is is stuck for 12-14 months atleast.

So I would appreciate any opinions on what my lawyer is saying here.

If MTR for I 140 gives even a little bit more hope of a faster approval then I would want to go with that. Otherwise I may chose to even abandon the whole thing as Im sick of it.

Also if the I 140 application goes to the appeals office, what would the status be of the I 485 application and the EAD and AP that were issued to me. I havent used the EAD and am on H1B status.

Thanks in advance for your help.

Sonu

dsugandhi,

That was really helpful. Next big task is to make my lawyer agree to do an MTR with an appeal. I do have several documents and arguments to make with this MTR but wont have anything else to add after this.

So I guess MTR with an appeal is my best bet.

If anyone has anything else to add to this, please do that.

Thanks
Sonu

dsugandhi,

That was really helpful. Next big task is to make my lawyer agree to do an MTR with an appeal. I do have several documents and arguments to make with this MTR but wont have anything else to add after this.

So I guess MTR with an appeal is my best bet.

If anyone has anything else to add to this, please do that.

Thanks
Sonu I think your attorney is trying to file as MTR with appeal. I dont think you can file directly an appeal without MTR.