geeandtee

Motion to reopen denied. USCIS says we haven't offered anything new to support our case.

I give up.

fatbrit

Bummer! Is that the end, then?

geeandtee

I have no idea. Immigration attorney chose to break the news to me by email, and attaching the decision notice. I can't get hold of the bugger.

He mentioned something about applying for H1-B again but, what's the point? The City will probably be laying people off in the next financial year so it's hardly the time to be getting a visa for a foreign worker.

I have a feeling it may all come down to a deportation hearing and I really wonder whether it's better not to just throw in the towel and go back to the UK. In spite of the fact that we can't afford to.

Ozzidoc

Gosh gosh gollygosh!! I really feel for you!

Folinskyinla

Hi:

My client's MTR's were denied also. The denial was total gibberish.

The decision first quotes the statutory and regulatory provisions. They even bold print the relevant portions!

The decision then makes the provisions "state" something entirely different! And then they change their description of what happened and state facts which bring it within the regulations.

We are awaiting issuance of a notice to appear.

geeandtee

This notice basically says I was out of status because I had neither a up to date H1-B or an EAD. I'm too stressed to read the bugger, but that appears to be the gist of it.

Folinskyinla

Hi:

I forgot your exact situation. My client was in valid H-1b status when the AOS was filed. However, she filed concurrently for an EAD. CIS makes an unsupported statement that employment after expiry of the AOS based EAD started upon expiry of the EAD.

They don't read English I guess.

geeandtee

i was in valid H1-B status when the AOS was filed. But my attorney didn't see the need to renew the H1-B (I have the email he sent me in response to my asking about that). No EAD was applied for

JAJ

Have you thought of seeking a second opinion on your case? Perhaps Mr F would be willing to assist you (on a professional basis).

geeandtee

I am seriously thinking about it.

geeandtee

According to my attorney, we don't even get an NTA, so we haven't even got the option of appearing before a judge.

So, we're pretty much screwed. We have to be outta here by December 18th

lisa67

omg...so sorry

agentred

That sucks so much.

Folinskyinla

Hi:

Had a situation like this recently where CIS would not NTA client -- went to family reunion in New Mexico and were pulled over at Checkpoint on Interstate. She is now in proceedings. It was an unpleasant week, but we are not back on track to renew.

geeandtee

So I need to get pulled over at a checkpoint?!

We have another option which we are looking at. Years ago, my sister (a US citizen) applied for a visa. The petition was approved and it's my understanding that the dates are right and we can apply for a visa when they become available in the next 'round.

This means we have to go via the US Embassy in London, get another medical, etc. etc. Am trying to work out whether it's feasible to go that route, because it seems less traumatic and cheaper (relatively speaking) than upping sticks, moving back to UK, finding jobs, house, moving pets, etc.

I know it takes about three weeks, from providing the NVC the right paper work to getting an appointment. What I can't seem to find out are what the waiting times for appointments in London are, for immigrant visa interviews.

All i do know is that it's an utter, utter, shameful farce.