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Motion to reopen I-485 after denial, Can I work ?

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  • Motion to reopen I-485 after denial, Can I work ?

    My spouse's 485 got denied today. I will file Motion To Reopen (MTR) I-485 after denial, Can She work during this time?
    Does she have to quit ASAP after the 485 is denied ?

  • #2
    No, file the MTR and the EAD should not be denied since the I-485 will be pending again.
    I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
    I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
    Card received on 8/22/2008.

    Comment


    • #3
      Ok, She has a valid EAD right now which is valid till September 08. Did you mean that she can file MTR and work at least till september 08 ?

      thanks for the response...

      gxr

      Comment


      • #4
        yes, once you file MTR, she can work on EAD since 485 will now be in status pending

        Comment


        • #5
          Spoke to Rajiv Khanna's office and they want her to be on unpaid leave. Working is not an option, looks like.

          Comment


          • #6
            If thats your new attorney, always follow the advise of your attorney.
            I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
            I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
            Card received on 8/22/2008.

            Comment


            • #7
              follow up with uscis - call them once every week

              if possible get back on H1 ....also call uscis once ever week after filing MTR.
              i applied for mtr and waited for 6 months to call by phone.
              the moment i called the next day my mtr got approved.
              EB3 INDIA I140 PD :APR 2002
              1st I485 JAN 2005
              AC21 SEP 2005
              1st I485 DENIAL JAN 2007
              MTR JAN 2007
              EB2 INDIA I140 PD :JAN 2006
              2ND I485 (AS DEPENDENT PD :Nov 2004 ) AUG 2007
              1st I485 reopened SEP 2007

              Comment


              • #8
                Did you do MTR yourself ?
                What was the reason for denial in your case ?
                Can't go back to H1 as old employer canceled H1.

                thanks,
                gxr

                Comment


                • #9
                  It's safe to continue H1B as long as I485 gets approved. I have been in US for 11 years and still working on H1B. I could not file I485 (priority date is not current).

                  Comment


                  • #10
                    Could you guys explain the reasons for the denials if and when you get the information?
                    • Using Cross Chargeability @ TSC -LC RIR PD: 03/10/04
                    • I-140: RD 09/19/06 ND 01/31/07
                    • I-485: RD 03/12/07 ND 03/19/07 LUD 11/07/07 RFE(10/19/07 reply 11/07/07)
                    • AP: RD 03/12/07 ND 03/19/2007 AD 03/29/07
                    • EAD: RD 03/12/07 ND 03/19/07 AD 05/08/07
                    • FP: ND 03/22/07 -- 04/05/07
                    • Name check 03/28/07. Cleared - 06/13/08
                    • SRs 01/31/08(std reply 02/28);05/01/08(no reply.. IO 05/05/08);06/11/08(waiting..IO 06/21/08)
                    • 07/15/08 - senators inq - I140 was changed to E32 - no visa avail.

                    Comment


                    • #11
                      Can you share something about the reason provided by USCIS for denial ?

                      Comment


                      • #12
                        call cis

                        Originally posted by gxr View Post
                        Did you do MTR yourself ?
                        gxr
                        Nope ... my attorney did it.
                        Originally posted by gxr View Post
                        What was the reason for denial in your case ?
                        gxr
                        I140 revoked by old employer

                        Originally posted by gxr View Post
                        Can't go back to H1 as old employer canceled H1.
                        gxr

                        thanks,
                        EB3 INDIA I140 PD :APR 2002
                        1st I485 JAN 2005
                        AC21 SEP 2005
                        1st I485 DENIAL JAN 2007
                        MTR JAN 2007
                        EB2 INDIA I140 PD :JAN 2006
                        2ND I485 (AS DEPENDENT PD :Nov 2004 ) AUG 2007
                        1st I485 reopened SEP 2007

                        Comment


                        • #13
                          OK, I got my reason for denial.

                          "Service records indicate that Form I-140, Immigrant Petition for Alien Worker which was filed on your behalf on mm/dd/yy has been revoked. Therefore, you are in eligible to adjust your status, as you are not the beneficiary of a valid unexpired visa petition.

                          In the light of the above, this application must be and hereby is denied.

                          The regulations do not provide for an appeal to this decision."


                          485 was filed during the July 07 mad rush. Quit job 7 months after 485 was filed. I-140 was approved.

                          Do I have a strong case for a Motion to Reopen ?

                          Comment


                          • #14
                            You must have a valid job offer at all times. Obviously you realize that and have chosen the AC21 route. However, I suspect you didn't inform the USCIS of this (and it is not required by law that you do). This is what likely lead to the denial.

                            They have no evidence that there is a new petitioning sponsor, so you were denied. A six month old I-140 normally can't be revoked once approved and a new sponsor is found but if you don't have a new sponsor then the ruling would likely stand.

                            Do you have a new sponsor?
                            EB3 / ROW / PD March 2004 / Texas Service Center

                            LC -- TR -> RIR APPROVED 4/30/07
                            I-140 (PP) -- RD 6/1/07, APPROVED 6/7/07, Further LUD 8/12/07
                            FP -- ND 6/11/07, COMPLETED 6/28/07
                            AP -- RD 6/1/07, ND 6/5/07, LUDs 7/5/07, 7/6/07, APPROVED 7/12/2007, Further LUD 8/12/07
                            EAD -- RD 6/1/07, ND 6/5/07, CARD PRODUCTION ORDERED 8/9/07, Further LUD 8/10/07
                            I-485 -- RD 6/1/07, ND 6/5/07, LUD 7/3/07, CARD PRODUCTION ORDERED 3/14/2008


                            My opinions are not legal advice.

                            Comment


                            • #15
                              Yes, I do have a new sponsor and she is already working for that sponsor/employer.

                              Comment


                              • #16
                                Get an attorney and file a motion to reopen the I-485 with proof of the new employment relationship.
                                I-140 EB2/NIW (ROW) at NSC, mailed 10/20/2007, RD 10/23/07, ND 11/08/07, AD 3/21/2008
                                I-485 (concurrent, ROW) at NSC, RD 10/23/07, 11/08/07, LUD 11/14/2007, FP 12/11/2007, INFOPASS 12/11/2007 (NC clear, BC clear), LUD 12/12/2007, RFE 7/18/2008, 8/1/2008 (received), 8/4/2008 (replied), LUD 8/5/2008 (received), LUD 8/6/2008, AD 8/12/2008 (Notice welcoming new permanent resident), 8/15/2008 Approval notice sent, LUD 8/18/2008.
                                Card received on 8/22/2008.

                                Comment


                                • #17
                                  Please tell the reason for denail of spouse 485

                                  Hello gxr,
                                  I am extremely sorry to hear about your case. I sincerely wish you the best of luck for you and your spouse. I would also request if you could please let us know what was the reason for denial of your wife's 485. Any details will be of immense help to us.
                                  Wisk you all the best with MTR and hope your family gets the GC ASAP.
                                  Thanks
                                  Khadash

                                  Comment


                                  • #18
                                    I-140 was revoked. This was done after the stipulated 180 days of filing 485 and we still got a denial..

                                    Comment


                                    • #19
                                      Originally posted by gxr View Post
                                      I-140 was revoked. This was done after the stipulated 180 days of filing 485 and we still got a denial..
                                      Hi gxr

                                      sorry to hear. we all know that revoking 1 40 after 180 days shouldnt impact 485 application.

                                      please post updates on your case.

                                      wish you all the very best !
                                      labor filed: Oct 2006
                                      140 approved: April 2007
                                      485+131+765 filed: august 06 2007
                                      EB3 - India
                                      Check cashed: Sep 20 2007
                                      Notice date: Sep 19 2007
                                      Dec 2007: joined spun out company
                                      May 2008: extended H1 for 3 years based on approved I-140
                                      Feb 2009: switched employer, H1 transfer - another 3 years
                                      Feb 2009 - sent AC 21 papers to USCIS
                                      Mar 2009 - Got new EAD and AP
                                      May 2009 - case transferred to NBC, and LUDs

                                      Comment


                                      • #20
                                        Yes!!!!!!!!!!

                                        485 has been re-instated. Got a letter mentioning that they re-instated it based on AC21 provisions. Its back to pending state now..

                                        Surprisingly, this happened 2 and a half weeks after filing MTR.

                                        Comment

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