Case Was Reopened For Reconsideration H1b

Like this thread 0 0. The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. #3 USCIS ignored O*Net and OOH References. Whalen (February 28, 2015) I. Chatterjee be granted H-1B status as the ruling was arbitrary, capricious and USCIS abused its discretion in denying. My H1B denied on Sep 29 2017. If you are facing a similar situation, please contact. You may file a motion even if your case is not eligible for an appeal. Motion to Reopen or Reconsider MTR Immigration Lawyers | USCIS/AAO Appeals In the event that USCIS denies an immigration benefit, the applicant has 30 days to file a motion to reopen or reconsider to the District Director that made a decision denying an application or petition. appeal to the Comissioner to reopen and reconsider the case. Receive automatic case status updates by email or text message,. In some cases a denial decision leaves the H-1B beneficiary without status – for example, H-1B extension where the denial is issued after the beneficiary’s petition and I-94 have expired. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. The Motion to Reopen or Reconsider (MTR) provides no legal basis for alien employee to live and work in U. These motions generally are reviewed by the same officer who denied the case. after responding to RFE my case status says "  On February 28, 2018 we reopened your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and are reconsidering our earlier decision" I have received the  H1B Approval letter for a duration of an year from Feb 28,2018. Later we got the approval notice from USCIS and informed us that the case was sent to NVC for visa processing on 4th april 2016. You may file a motion even if your case is not eligible for an appeal. US Immigration Lawyers providing experienced legal representation for over 20 years to businesses, families and individuals. If it is based on exceptional circumstances, a motion to reopen must be filed within 180 days. If they do not reopen the petition, they will forward it to AAO or BIA. First and foremost, this form is used in order to file an. We submitted I290B with evidence to request a motion to. A motion to reopen or a motion to reconsider a decision may be filed provided the request meets the requirements of 8 CFR 103. “New” Evidence Submitted “On Appeal” and “In Support of a Motion to Reopen” Are Not Equal By Joseph P. If a technical matter makes immediate approval impossible, the USCIS will often reopen the case, put it into a “pending” status,. Introduction & Background USCIS1 Form I-290B, Notice of Appeal or Motion is used for more than one thing. Day 07 Feb 2018 Full stats for last day… WAC center. felony (regardless of time served), a controlled substance offense, certain firearm offenses, or two or more crimes involving moral turpitude committed within five years of entry for which the sentence of imprisonment was one year or longer; or inadmissible on grounds relating to national security, former persecutors in Nazi Europe, or international abductors. In such cases it is possible to refile a petition and ask the government to issue an approval with retroactive effective date ( nunc pro tunc ) which, if. However, she could not adjust status until her case was reopened in the immigration court. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. Watch this thread Start a new thread Add a post × Please submit your thread title. View your case history and upcoming case activities,. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. Applied MTR - Nov 01 2017 CURRENT STATUS ===== On January 23, 2018, we reopened your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number WACXXXXXXX, and are reconsidering our earlier decision. "Case Was Reopened For Reconsideration" Before Approval If this is your first visit, be sure to check out the FAQ by clicking the link above. “New” Evidence Submitted “On Appeal” and “In Support of a Motion to Reopen” Are Not Equal By Joseph P. He filed it in Aug 1st week and we are still waiting for the reply. What is the case status after uscis decided to reopen a case? We submitted I-485 in 2016, and were denied on June 2017 due to USCIS's mistake. If your arguments are successful and the USCIS is convinced by your motion to reconsider, the USCIS generally reopens the case and approves the motion at the same time. We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 18, 2010, and are now reviewing our earlier decision. Applied MTR - Nov 01 2017 CURRENT STATUS ===== On January 23, 2018, we reopened your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number WACXXXXXXX, and are reconsidering our earlier decision. A motion is a request to the USCIS office that issued the unfavorable decision to review its decision. My visa got rejected in June 2014 ( received a revocation letter below). The first question is what happened and what is the best course of action. Motion to Reconsider. My EB1a (I-140 and 485 concurrent) was denied and I appealed the case. Some cases are submitted for extended review or maybe for security checks. We also mailed you a notice describing the next steps in the process. Now, since I did not have any other job offer, so I patiently agreed to the application for the review. Yesterday, my denied H1B case status was updated to "Case Was Reopened For Reconsideration" with the following description. We sent you a notice that describes how we will process your case. You may have to register before you can post: click the register link above to proceed. 16, 2010), slip op. It means the case was reopened for consideration. Motions to Reopen and Motions to Reconsider. Hi, my H1 was picked in April last year (2016) and got denied in August asking for a client letter. It is a painful wait for many awaiting H1B Visa 2019 case receipts after the H1B Visa lottery some have been lucky and some not…for those lucky ones, who have heard from their employers or attorneys may be wondering, what does each of the H1B Case Status mean and what is the typical processing cycle. Any and all answers are of a general nature only. Day 07 Feb 2018 Full stats for last day… WAC center. Receive automatic case status updates by email or text message,. Motions to the BIA must meet the requirements of 8 CFR 3. appeal to the Comissioner to reopen and reconsider the case. after responding to RFE my case status says "  On February 28, 2018 we reopened your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and are reconsidering our earlier decision" I have received the  H1B Approval letter for a duration of an year from Feb 28,2018. A motion to reconsider, on the other hand, must state how the USCIS decision was incorrect, based upon the evidence previously provided, and it must include sufficient legal basis for the requested reconsideration. Ordinarily a motion is adjudicated by the same officer who made the original decision. My case status is in – Post Decision Activity from 2nd Sep 2014. The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. Also, sign up for Case Status Online to:. felony (regardless of time served), a controlled substance offense, certain firearm offenses, or two or more crimes involving moral turpitude committed within five years of entry for which the sentence of imprisonment was one year or longer; or inadmissible on grounds relating to national security, former persecutors in Nazi Europe, or international abductors. These motions generally are reviewed by the same officer who denied the case. Chatterjee be granted H-1B status as the ruling was arbitrary, capricious and USCIS abused its discretion in denying. A motion to reconsider, on the other hand, must state how the USCIS decision was incorrect, based upon the evidence previously provided, and it must include sufficient legal basis for the requested reconsideration. Background Information on MTRs. I applied H1B in 2013 through a consultancy and I went for Visa stamping in Singapore in Nov 2013. LexisNexis moved for reconsideration, but the government responded with their final decision to deny the petition for the same reasons as initially stated. The Motion to Reopen or Reconsider (MTR) provides no legal basis for alien employee to live and work in U. Later we got the approval notice from USCIS and informed us that the case was sent to NVC for visa processing on 4th april 2016. If your arguments are successful and the USCIS is convinced by your motion to reconsider, the USCIS generally reopens the case and approves the motion at the same time. US Immigration Lawyers providing experienced legal representation for over 20 years to businesses, families and individuals. Motions for Reconsideration / Requests for Review In Denzil Gunnels, 2010-PER-628 (Nov. We sent you a notice that describes how we will process your case. What is a motion to reopen? A. Finally, the plaintiff filed suit against the defendant, asking that Ms. You may have to register before you can post: click the register link above to proceed. MOTIONS TO REOPEN OR RECONSIDER. Some cases are submitted for extended review or maybe for security checks. The Motion to Reopen or Reconsider (MTR) provides no legal basis for alien employee to live and work in U. Day 07 Feb 2018 Full stats for last day… WAC center. Immigration Cases: Denial and Motion to Reopen Posted on February 1, 2008 by lexmaster Every applicant in the Immigration process dreads the word “denied”, especially in regards to their cases. I reopened my case by filing MTR & submitting the client letter in September but the MTR was denied again in May 2017 and below is the reason: "None of the Job announcements provided by you are for position titled Programmer Analyst" Can any one please let me know what can be done for this in. Chatterjee be granted H-1B status as the ruling was arbitrary, capricious and USCIS abused its discretion in denying. If it is based on exceptional circumstances, a motion to reopen must be filed within 180 days. This is the most typical motion to reopen in my office. We sent you a notice that describes how we will process your case. We also mailed you a notice describing the next steps in the process. LexisNexis moved for reconsideration, but the government responded with their final decision to deny the petition for the same reasons as initially stated. The motion was granted on July 13, 2010. If your arguments are successful and the USCIS is convinced by your motion to reconsider, the USCIS generally reopens the case and approves the motion at the same time. immigration) submitted 1 year ago * by stretchcandy I've been in the US for the last few years, on J-1 initially, currently on H-1B. There might be new information about your background, your employer or about y our new workplace and job description which might come into light an they may need to re-evaluate your eligibility. My EB1a (I-140 and 485 concurrent) was denied and I appealed the case. Now when I look at my case status on USCIS it says ‘Case Reopened’. Now, since I did not have any other job offer, so I patiently agreed to the application for the review. Motion to Reopen or Reconsider MTR Immigration Lawyers | USCIS/AAO Appeals In the event that USCIS denies an immigration benefit, the applicant has 30 days to file a motion to reopen or reconsider to the District Director that made a decision denying an application or petition. Shobhana Ragunathan Kasturi. The first question is what happened and what is the best course of action. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. It is a painful wait for many awaiting H1B Visa 2019 case receipts after the H1B Visa lottery some have been lucky and some not…for those lucky ones, who have heard from their employers or attorneys may be wondering, what does each of the H1B Case Status mean and what is the typical processing cycle. Please follow the instructions in the notice. I finally joined the job in late August on my OPT (valid till May-05) , but i am still waiting for the H1B. If it is based on exceptional circumstances, a motion to reopen must be filed within 180 days. We also mailed you a notice describing the next steps in the process. With certain exceptions, you may file a motion to reopen or a motion to reconsider if you received an unfavorable decision in your case. Like this thread 0 0. In such cases it is possible to refile a petition and ask the government to issue an approval with retroactive effective date ( nunc pro tunc ) which, if. One of the driving factors in the decision to argue about a H-1B extension denial would be the incorrect belief that it provides the same benefits and privileges as a pending H-1B extension of status case. In some cases a denial decision leaves the H-1B beneficiary without status – for example, H-1B extension where the denial is issued after the beneficiary’s petition and I-94 have expired. Yesterday, my denied H1B case status was updated to "Case Was Reopened For Reconsideration" with the following description. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. Step Two : When you make the motion to the original office, you can also appeal directly to the AAO or BIA. If they do not reopen the petition, they will forward it to AAO or BIA. My 485 was reopened (online status) and cases - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. It means the case was reopened for consideration. Chatterjee be granted H-1B status as the ruling was arbitrary, capricious and USCIS abused its discretion in denying. Green Cards, H-1B visas, L, K Visas. A motion to reopen or a motion to reconsider a decision may be filed provided the request meets the requirements of 8 CFR 103. Almost any decision by USCIS can be appealed or reopened or reconsidered. Case Was Reopened For Reconsideration. Shobhana Ragunathan Kasturi. “New” Evidence Submitted “On Appeal” and “In Support of a Motion to Reopen” Are Not Equal By Joseph P. The Motion to Reopen or Reconsider (MTR) provides no legal basis for alien employee to live and work in U. We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 18, 2010, and are now reviewing our earlier decision. It may be that any further action is fruitless, but most of the time it is best to file an appeal or motion to reconsider or motion to reopen. felony (regardless of time served), a controlled substance offense, certain firearm offenses, or two or more crimes involving moral turpitude committed within five years of entry for which the sentence of imprisonment was one year or longer; or inadmissible on grounds relating to national security, former persecutors in Nazi Europe, or international abductors. Motions to the BIA must meet the requirements of 8 CFR 3. The Firm’s Representation The firm reviewed our client’s case saw that she and her husband had many positive equities and filed a motion to reopen asking the judge to reopen the case based on his discretion. If your arguments are successful and the USCIS is convinced by your motion to reconsider, the USCIS generally reopens the case and approves the motion at the same time. If it is based on a lack of notice, you may file a motion to reopen at any time. Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. You may file a motion even if your case is not eligible for an appeal. I have applied for H1B in 2013 through a consultancy. In such cases it is possible to refile a petition and ask the government to issue an approval with retroactive effective date ( nunc pro tunc ) which, if. In some cases a denial decision leaves the H-1B beneficiary without status – for example, H-1B extension where the denial is issued after the beneficiary’s petition and I-94 have expired. We sent you a notice that describes how we will process your case. I finally joined the job in late August on my OPT (valid till May-05) , but i am still waiting for the H1B. However, she could not adjust status until her case was reopened in the immigration court. Applying to extend H-1B - "we reopened your form I129 for reconsideration" without approval or denial (self. The answers are not meant to and do not create an attorney-client relationship. First and foremost, this form is used in order to file an. There might be new information about your background, your employer or about y our new workplace and job description which might come into light an they may need to re-evaluate your eligibility. Motion to Reopen or Reconsider MTR Immigration Lawyers | USCIS/AAO Appeals In the event that USCIS denies an immigration benefit, the applicant has 30 days to file a motion to reopen or reconsider to the District Director that made a decision denying an application or petition. Hi All, My H1b extension case has been filed with California uscis and got rfe last December. The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. If your arguments are successful and the USCIS is convinced by your motion to reconsider, the USCIS generally reopens the case and approves the motion at the same time. What is the case status after uscis decided to reopen a case? We submitted I-485 in 2016, and were denied on June 2017 due to USCIS's mistake. My company submitted the required RFE docs on 12th March 2018 Cryptic status after RFE |Reopened For Reconsideration. Background Information on MTRs. If a technical matter makes immediate approval impossible, the USCIS will often reopen the case, put it into a “pending” status,. My 485 was reopened (online status) and cases - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. Some cases are submitted for extended review or maybe for security checks. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. Green Cards, H-1B visas, L, K Visas. What is a motion to reopen? A. I finally joined the job in late August on my OPT (valid till May-05) , but i am still waiting for the H1B. Generally, USCIS may not waive filing fees. In all cases, the motion must be considered by. The first question is what happened and what is the best course of action. If it is based on exceptional circumstances, a motion to reopen must be filed within 180 days. Now when I look at my case status on USCIS it says ‘Case Reopened’. You may file a motion even if your case is not eligible for an appeal. We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 18, 2010, and are now reviewing our earlier decision. Case Was Reopened For Reconsideration. LexisNexis moved for reconsideration, but the government responded with their final decision to deny the petition for the same reasons as initially stated. It is a painful wait for many awaiting H1B Visa 2019 case receipts after the H1B Visa lottery some have been lucky and some not…for those lucky ones, who have heard from their employers or attorneys may be wondering, what does each of the H1B Case Status mean and what is the typical processing cycle. These motions generally are reviewed by the same officer who denied the case. Watch this thread Start a new thread Add a post × Please submit your thread title. He filed it in Aug 1st week and we are still waiting for the reply. Applying to extend H-1B - "we reopened your form I129 for reconsideration" without approval or denial (self. The answers are not meant to and do not create an attorney-client relationship. We also mailed you a notice describing the next steps in the process. Immigration Cases: Denial and Motion to Reopen Posted on February 1, 2008 by lexmaster Every applicant in the Immigration process dreads the word “denied”, especially in regards to their cases. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. If it is based on exceptional circumstances, a motion to reopen must be filed within 180 days. If they do not reopen the petition, they will forward it to AAO or BIA. This video is intended for those who are getting letters from USCIS regarding reopening of their approved cases on H1B, Form I-140, L1, etc. Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. So we filed I290b(motion to reopen or reconsider) and after a wait of 3 months I290b was approved and I130 reopened. Any and all answers are of a general nature only. In some cases a denial decision leaves the H-1B beneficiary without status – for example, H-1B extension where the denial is issued after the beneficiary’s petition and I-94 have expired. Green Cards, H-1B visas, L, K Visas. We sent you a notice that describes how we will process your case. With certain exceptions, you may file a motion to reopen or a motion to reconsider if you received an unfavorable decision in your case. If USCIS can waive the filing fee for the underlying petition or application, USCIS can also waive the filing fee for the appeal. The motion was granted on July 13, 2010. Later we got the approval notice from USCIS and informed us that the case was sent to NVC for visa processing on 4th april 2016. But DHS regulations, at 8 CFR 103. I applied H1B in 2013 through a consultancy and I went for Visa stamping in Singapore in Nov 2013. after responding to RFE my case status says "  On February 28, 2018 we reopened your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and are reconsidering our earlier decision" I have received the  H1B Approval letter for a duration of an year from Feb 28,2018. Ordinarily a motion is adjudicated by the same officer who made the original decision. Chatterjee be granted H-1B status as the ruling was arbitrary, capricious and USCIS abused its discretion in denying. Shobhana Ragunathan Kasturi. If it is based on exceptional circumstances, a motion to reopen must be filed within 180 days. If it is based on a lack of notice, you may file a motion to reopen at any time. This is the most typical motion to reopen in my office. You may have to register before you can post: click the register link above to proceed. Sometimes the Immigration Officer that your case is assigned to will be working on other tedious cases and will take a while to get your case. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. My company submitted the required RFE docs on 12th March 2018 Cryptic status after RFE |Reopened For Reconsideration. Court, however, sided with H1B as there was evidence that USCIS has reopened the case not to reconsider new evidence but rather to delay a decision on the H-1B petition. Any and all answers are of a general nature only. The answers are not meant to and do not create an attorney-client relationship. Motion to Reconsider. Hi, my H1 was picked in April last year (2016) and got denied in August asking for a client letter. There might be new information about your background, your employer or about y our new workplace and job description which might come into light an they may need to re-evaluate your eligibility. Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. So we filed I290b(motion to reopen or reconsider) and after a wait of 3 months I290b was approved and I130 reopened. We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 18, 2010, and are now reviewing our earlier decision. I finally joined the job in late August on my OPT (valid till May-05) , but i am still waiting for the H1B. This is the most typical motion to reopen in my office. View your case history and upcoming case activities,. We presented evidence that there was no bona fide termination of Camille’s employment until February 8, 2011 when the employer notified USCIS. The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. What is a motion to reopen? A. My company submitted the required RFE docs on 12th March 2018 Cryptic status after RFE |Reopened For Reconsideration. LexisNexis moved for reconsideration, but the government responded with their final decision to deny the petition for the same reasons as initially stated. A motion to reopen requires that the applicant provide new facts that are supported by affidavits or other new evidence. 过了一两天收到I 130,I 485的welcome letter, 一切都正常,知道半周后收到notice说reopen,上网查状态也变成了post decision activity 内容都是说我的case reopen,没有原因。和老公商量,决定等到第六周,结果什么都没有。上周找了移民律师了解情况,他说我们这不应该有问题。. Almost any decision by USCIS can be appealed or reopened or reconsidered. We also mailed you a notice describing the next steps in the process. Ordinarily a motion is adjudicated by the same officer who made the original decision. The Motion to Reopen or Reconsider (MTR) provides no legal basis for alien employee to live and work in U. There might be new information about your background, your employer or about y our new workplace and job description which might come into light an they may need to re-evaluate your eligibility. motion to reopen the case In the motion to reopen, we argued that Camille continued to maintain her valid status when she filed the application on October 5, 2011. Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. at 11, BALCA rejected the contention that OFLC’s December 1, 2009 FAQ on best practices for titling a request for reconsideration or request for BALCA review is binding on employers. First and foremost, this form is used in order to file an. Motions to the BIA must meet the requirements of 8 CFR 3. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. Watch this thread Start a new thread Add a post × Please submit your thread title. My 485 was reopened (online status) and cases - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. MOTIONS TO REOPEN OR RECONSIDER. So we filed I290b(motion to reopen or reconsider) and after a wait of 3 months I290b was approved and I130 reopened. If your arguments are successful and the USCIS is convinced by your motion to reconsider, the USCIS generally reopens the case and approves the motion at the same time. My company submitted the required RFE docs on 12th March 2018 Cryptic status after RFE |Reopened For Reconsideration. Court, however, sided with H1B as there was evidence that USCIS has reopened the case not to reconsider new evidence but rather to delay a decision on the H-1B petition. It may be that any further action is fruitless, but most of the time it is best to file an appeal or motion to reconsider or motion to reopen. Some cases are submitted for extended review or maybe for security checks. “New” Evidence Submitted “On Appeal” and “In Support of a Motion to Reopen” Are Not Equal By Joseph P. Green Cards, H-1B visas, L, K Visas. Later we got the approval notice from USCIS and informed us that the case was sent to NVC for visa processing on 4th april 2016. Also, sign up for Case Status Online to:. If it is based on exceptional circumstances, a motion to reopen must be filed within 180 days. My 485 was reopened (online status) and cases - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. In such cases it is possible to refile a petition and ask the government to issue an approval with retroactive effective date ( nunc pro tunc ) which, if. If a technical matter makes immediate approval impossible, the USCIS will often reopen the case, put it into a “pending” status,. Applying to extend H-1B - "we reopened your form I129 for reconsideration" without approval or denial (self. "Case Was Reopened For Reconsideration" Before Approval If this is your first visit, be sure to check out the FAQ by clicking the link above. Watch this thread Start a new thread Add a post × Please submit your thread title. 3d 702, 707 (9th Cir. Introduction & Background USCIS1 Form I-290B, Notice of Appeal or Motion is used for more than one thing. at 11, BALCA rejected the contention that OFLC’s December 1, 2009 FAQ on best practices for titling a request for reconsideration or request for BALCA review is binding on employers. If you are facing a similar situation, please contact. Hi All, My H1b extension case has been filed with California uscis and got rfe last December. Court had found that new RFE issued after court case asked requested the same information as was asked earlier. Motions for Reconsideration / Requests for Review In Denzil Gunnels, 2010-PER-628 (Nov. My 485 was reopened (online status) and cases - Answered by a verified Immigration Lawyer We use cookies to give you the best possible experience on our website. Chatterjee be granted H-1B status as the ruling was arbitrary, capricious and USCIS abused its discretion in denying. In such cases it is possible to refile a petition and ask the government to issue an approval with retroactive effective date ( nunc pro tunc ) which, if. motion to reopen the case In the motion to reopen, we argued that Camille continued to maintain her valid status when she filed the application on October 5, 2011. Step Two : When you make the motion to the original office, you can also appeal directly to the AAO or BIA. I have applied for H1B in 2013 through a consultancy. In all cases, the motion must be considered by. Motion to Reopen or Reconsider MTR Immigration Lawyers | USCIS/AAO Appeals In the event that USCIS denies an immigration benefit, the applicant has 30 days to file a motion to reopen or reconsider to the District Director that made a decision denying an application or petition. Court, however, sided with H1B as there was evidence that USCIS has reopened the case not to reconsider new evidence but rather to delay a decision on the H-1B petition. Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. My case status is in – Post Decision Activity from 2nd Sep 2014. Ordinarily a motion is adjudicated by the same officer who made the original decision. We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on February 18, 2010, and are now reviewing our earlier decision. This is the most typical motion to reopen in my office. What is the case status after uscis decided to reopen a case? We submitted I-485 in 2016, and were denied on June 2017 due to USCIS's mistake. Court had found that new RFE issued after court case asked requested the same information as was asked earlier. So we filed I290b(motion to reopen or reconsider) and after a wait of 3 months I290b was approved and I130 reopened. appeal to the Comissioner to reopen and reconsider the case. Applying to extend H-1B - "we reopened your form I129 for reconsideration" without approval or denial (self. Shobhana Ragunathan Kasturi. Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. at 11, BALCA rejected the contention that OFLC’s December 1, 2009 FAQ on best practices for titling a request for reconsideration or request for BALCA review is binding on employers. Case Was Reopened For Reconsideration. Watch this thread Start a new thread Add a post × Please submit your thread title. We presented evidence that there was no bona fide termination of Camille’s employment until February 8, 2011 when the employer notified USCIS. Yesterday, my denied H1B case status was updated to "Case Was Reopened For Reconsideration" with the following description. “New” Evidence Submitted “On Appeal” and “In Support of a Motion to Reopen” Are Not Equal By Joseph P. My H1B denied on Sep 29 2017. "Case Was Reopened For Reconsideration" Before Approval If this is your first visit, be sure to check out the FAQ by clicking the link above. First and foremost, this form is used in order to file an. Applied MTR - Nov 01 2017 CURRENT STATUS ===== On January 23, 2018, we reopened your Form I-290B, Notice of Appeal to the Commissioner, Receipt Number WACXXXXXXX, and are reconsidering our earlier decision. Some cases are submitted for extended review or maybe for security checks. If your arguments are successful and the USCIS is convinced by your motion to reconsider, the USCIS generally reopens the case and approves the motion at the same time. after responding to RFE my case status says "  On February 28, 2018 we reopened your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and are reconsidering our earlier decision" I have received the  H1B Approval letter for a duration of an year from Feb 28,2018. Motions to Reopen and Motions to Reconsider. 16, 2010), slip op. These motions generally are reviewed by the same officer who denied the case. Case Was Reopened For Reconsideration. My EB1a (I-140 and 485 concurrent) was denied and I appealed the case. Both types of motion argue that the USCIS denial was incorrect, and request that the USCIS reconsider its earlier decision, and issue a favorable decision. My case status is in – Post Decision Activity from 2nd Sep 2014. Motions to the BIA must meet the requirements of 8 CFR 3. 7(c), specify some cases in which USCIS can waive a filing fee. Watch this thread Start a new thread Add a post × Please submit your thread title. Generally, USCIS may not waive filing fees. Hi, my H1 was picked in April last year (2016) and got denied in August asking for a client letter. On September 10, 2019, we reopened your Form I-765, Application for Employment Authorization, Receipt Number WAC191XXXXXXX, and are reconsidering our earlier decision. On January 14, 2019, we reopened your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC17XXXXXXX, and are reconsidering our earlier decision. The motion to reopen in absentia proceedings is often based on exceptional circumstances or lack of notice. But DHS regulations, at 8 CFR 103. Day 07 Feb 2018 Full stats for last day… WAC center. The motion to reopen in absentia proceedings is often based on exceptional circumstances or lack of notice. These motions generally are reviewed by the same officer who denied the case. The motion was granted on July 13, 2010. 16, 2010), slip op. First and foremost, this form is used in order to file an. A motion is a request to the USCIS office that issued the unfavorable decision to review its decision. In some cases a denial decision leaves the H-1B beneficiary without status – for example, H-1B extension where the denial is issued after the beneficiary’s petition and I-94 have expired. Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. We presented evidence that there was no bona fide termination of Camille’s employment until February 8, 2011 when the employer notified USCIS. Sometimes the Immigration Officer that your case is assigned to will be working on other tedious cases and will take a while to get your case. I applied H1B in 2013 through a consultancy and I went for Visa stamping in Singapore in Nov 2013. 7(c), specify some cases in which USCIS can waive a filing fee. Ordinarily a motion is adjudicated by the same officer who made the original decision. Immigration Cases: Denial and Motion to Reopen Posted on February 1, 2008 by lexmaster Every applicant in the Immigration process dreads the word “denied”, especially in regards to their cases. The Firm’s Representation The firm reviewed our client’s case saw that she and her husband had many positive equities and filed a motion to reopen asking the judge to reopen the case based on his discretion. On September 10, 2019, we reopened your Form I-765, Application for Employment Authorization, Receipt Number WAC191XXXXXXX, and are reconsidering our earlier decision. Applying to extend H-1B - "we reopened your form I129 for reconsideration" without approval or denial (self. In all cases, the motion must be considered by. Whalen (February 28, 2015) I. I have applied for H1B in 2013 through a consultancy. My H1B denied on Sep 29 2017. 7(c), specify some cases in which USCIS can waive a filing fee. In some cases a denial decision leaves the H-1B beneficiary without status – for example, H-1B extension where the denial is issued after the beneficiary’s petition and I-94 have expired. Motions to Reopen and Motions to Reconsider. Chatterjee be granted H-1B status as the ruling was arbitrary, capricious and USCIS abused its discretion in denying. “New” Evidence Submitted “On Appeal” and “In Support of a Motion to Reopen” Are Not Equal By Joseph P. You may file a motion even if your case is not eligible for an appeal. There might be new information about your background, your employer or about y our new workplace and job description which might come into light an they may need to re-evaluate your eligibility. My company submitted the required RFE docs on 12th March 2018 Cryptic status after RFE |Reopened For Reconsideration. If it is based on a lack of notice, you may file a motion to reopen at any time. The Motion to Reopen or Reconsider (MTR) provides no legal basis for alien employee to live and work in U. View case status online using your receipt number, which can be found on notices that you may have received from USCIS. I received a notification from Fragomen that they were notified by USCIS on Oct 29 that my H1 transfer after an rfe was approved. With certain exceptions, you may file a motion to reopen or a motion to reconsider if you received an unfavorable decision in your case. Hi, my H1 was picked in April last year (2016) and got denied in August asking for a client letter.