I-485 got denied please advice

[gc2003nightmare]

Hi,
I applied for my 3rd EAD renewal on 08/09/06 and it shows still pending but today My I-485 LUD change to RFE sent and I talk to my attorney regarding it. He ays he got EAD denial for me and my wife reason given was I485 denied. but till yesterday my I-485 shows it was pending.
My attorney was saying he enquire to USCIS they said they denied I-485 case on 07/28/06 then he ask for reason so they send him reason that's what information I got from him and now he suggest me to wait till he gets RFE or reason to denial of I-485 as he don't know what's wrong..

my dates are: -
PD:- 06/03
I140 : - AP 07/04
I485 : -RD 11/02/04
FP 1(code 1) : -12/01/04
FP (code 2): - 08/06/05
FP (code 1): - 04/20/06
EAD&AP1:- 01/04
EAD&AP2 : -10/05
EAD 3 :- denied...

please help with some scenario what to do next..

I am so scare as this is my 8th year in US and I am on EAD from last 2 year.

[defleopard22]

Did you change your job anytime, or did you move from one place to another. Can you think of any reasom, why your 485 was denied.

[gc2003nightmare]

No I joined company when they start my gc process and I am with them till now no change in employer but I moved to lot of states after filing I-485 but file form A-11 only once last year and then I change my address with uscis.
but I don't know what's cause of denial..

[marlon2006]

Don't worry GC2003NightMare. We heard stories before from people who got I-485 denied and were on EAD. That may well be an error from USCIS and if so everything it will be fine for you.

So I guess you submitted I-485 RFE in the past, and then all of sudden they denied your case. Weird.

No I joined company when they start my gc process and I am with them till now no change in employer but I moved to lot of states after filing I-485 but file form A-11 only once last year and then I change my address with uscis.
but I don't know what's cause of denial..

[gc2003nightmare]

but my 2nd ead is upto 10/06 and renewal got denied as they denied I-485 so my ead is upto 10/06 no extenision.

and yes they send me one rfe on 05/18/06 we reply on 05/31/06 ..
then they denied case on 07/28 and I think they send notice of deninal on 09/13/06...

but till that time case status was showing same template everyone gets after replying to RFE.

Now I thought they send 2nd RFE on 09/13 but Attorney told me that I485 got denied and he is waiting for reason..

[garam.chadi]

they send me one rfe on 05/18/06 we reply on 05/31/06 ..
then they denied case on 07/28 and I think they send notice of deninal on 09/13/06...

What was the RFE about ... 485 RFE might be common for preAjucation cases .. but denial are very rare.. i guess they are not asking for ablity to pay at 485 stage too ...

Did Ur attorney mess up the reply..

[marlon2006]

Is that EB3 RoW or EB2 ? Yes, I am also curious on what the I-485 RFE was about.

Hi,
I applied for my 3rd EAD renewal on 08/09/06 and it shows still pending but today My I-485 LUD change to RFE sent and I talk to my attorney regarding it. He ays he got EAD denial for me and my wife reason given was I485 denied. but till yesterday my I-485 shows it was pending.
My attorney was saying he enquire to USCIS they said they denied I-485 case on 07/28/06 then he ask for reason so they send him reason that's what information I got from him and now he suggest me to wait till he gets RFE or reason to denial of I-485 as he don't know what's wrong..

my dates are: -
PD:- 06/03
I140 : - AP 07/04
I485 : -RD 11/02/04
FP 1(code 1) : -12/01/04
FP (code 2): - 08/06/05
FP (code 1): - 04/20/06
EAD&AP1:- 01/04
EAD&AP2 : -10/05
EAD 3 :- denied...

please help with some scenario what to do next..

I am so scare as this is my 8th year in US and I am on EAD from last 2 year.

[gc2003nightmare]

first RFE was received on 05/19 was about employeement verification they ask for employee proof as first EAD file in NSC and second one in TSC.
We send them 2nd EAD copy they update LUD with we got reply to rfe on 05/31/06. and they denied I-485 on 7/28/06 but they didn't send any notice or anything to me or attorney and usualw case we apply for renewal for EAD and it got denied after enquiry to USCIS we come to know they denied I485 so EAD renewal also got denied then we ask for reason of denial..so they sent us copy , which is in mail we haven't got it till date as they sent it on 09/13...

my case is EB3 and as NSC started preprocessing case yet pd ae not current..

[newgcasp]

Here is the October Bulletin.

http://travel.state.gov/visa/frvi/bu...etin_3032.html

It completely sucks!!!

EB2 - 15 Jun02 and EB3 - 22 Apr 2001.. Very Bad..

[asnssf]

Did you renew your EAD every year ? I don't see that in your signature.

EAD&AP1:- 01/04
EAD&AP2 : -10/05 - 1 year 9 months
EAD 3 :- applied on 08/09/06 - 9 months

If you didn't renew it on time you had to stop working (in order to stay in status) and resume when you get your new one. Did you do that ? Or You renewed H1 also every year?

I wonder how your lawyer can respond to a 485 RFE in such a short time. I took more than 10days to complete my wife's biographical details after receiving RFE details from my lawyer. As per your response your lawyer responded within 10days of USCIS RFE request.

Your dates are somewhat fishy.

I am sorry to say that, for a 8th year us non-immigrant your language is so bad.

Hi,
I applied for my 3rd EAD renewal on 08/09/06 and it shows still pending but today My I-485 LUD change to RFE sent and I talk to my attorney regarding it. He ays he got EAD denial for me and my wife reason given was I485 denied. but till yesterday my I-485 shows it was pending.
My attorne=y was saying he enquire to USCIS they said they denied I-485 case on 07/28/06 then he ask for reaso\
n so they send him reason that's what information I got from him and now he suggest me to wait till he gets RFE or reason to denial of I-485 as he don't know what's wrong..

my dates are: -
PD:- 06/03
I140 : - AP 07/04
I485 : -RD 11/02/04
FP 1(code 1) : -12/01/04
FP (code 2): - 08/06/05
FP (code 1): - 04/20/06
EAD&AP1:- 01/04
EAD&AP2 : -10/05
EAD 3 :- denied...

please help with some scenario what to do next..

I am so scare as this is my 8th year in US and I am on EAD from last 2 year.

[defleopard22]

I think if you move from one state to another, INS can say that your old labor is not valid and send you an RFE. Were you out of status for more than six months. I guess you will have to wait till you get the letter. I am sorry to know about your situation. I have also just replied to employment RFE on my 485. Hope everything turns out okay with you.

[EricS]

first RFE was received on 05/19 was about employeement verification they ask for employee proof as first EAD file in NSC and second one in TSC.
We send them 2nd EAD copy they update LUD with we got reply to rfe on 05/31/06. and they denied I-485 on 7/28/06 but they didn't send any notice or anything to me or attorney and usualw case we apply for renewal for EAD and it got denied after enquiry to USCIS we come to know they denied I485 so EAD renewal also got denied then we ask for reason of denial..so they sent us copy , which is in mail we haven't got it till date as they sent it on 09/13...

my case is EB3 and as NSC started preprocessing case yet pd ae not current..

From what I understand from your post, USCIS may have denied the 485 based on the fact that you have moved from the location where your LC was applied. So you are not working at the same position for which your LC was applied. In response to your RFE, you should have argued that you are covered under AC21 portability law. You can use AC21 to move from one job to another even with the same employer. Now when you receive the denial notice, you need to argue the AC21 with the same employer. If you do not know about AC21, then read the AC21 forum, or let us know and someone will guide you.

[gc2003nightmare]

how do I get detail case status? I called #800 but not get detail information, if I wait for RFE mail then it may take 4-5 more days
Is there any trick to get detail information using A#..I ask to customer service rep. he said they give information based on receipt number not on A#

[GotPR?]

From what I understand from your post, USCIS may have denied the 485 based on the fact that you have moved from the location where your LC was applied. So you are not working at the same position for which your LC was applied. In response to your RFE, you should have argued that you are covered under AC21 portability law. You can use AC21 to move from one job to another even with the same employer. Now when you receive the denial notice, you need to argue the AC21 with the same employer. If you do not know about AC21, then read the AC21 forum, or let us know and someone will guide you.

I'm not sure geographical change is covered by AC21. AC21 still enforces some constraint of move such as the job duty described in LC must be the same or similar. I wonder if location change can be justified by AC21.
If move was the reason of denial, only way to fight is claiming GC job is available at the original location specified in LC.

[gc_retrogress]

Murthy mentions something about roving employee. I have appended the lawyer's answers.

gc2003nightmare please update us on your I-485 denial.

From murthy's chat questions.......search for "roving employee"

Question: Does one need to file a labor when s/he moved from one state to another even though the I-140 is approved through the same company? Is there any other alternative?

Answer: Well, it depends upon whether the LC that was filed clearly noted that the work could be performed anywhere in the U.S. and whether it was filed from the employer"s HQ location under the old roving employee rules. On the other hand, if the LC specifically mentioned a temporary work location as the permanent work location where the work will be performed after the GC is approved, then one must either work from that location or use AC21 portability and show a same or similar job with the same employer in another work location. Since your question is not clear, it is best to consult with an immigration lawyer who may be able to help you. If you don"t have an attorney, please contact law@murthy.com, and we may be able to help you during a consultation. Feb-13-2006.



Question: I am a software contractor working with company X. I am working in Connecticut for a client. I applied for my labor. Before the labor is cleared, I move to a project with a different client outside Connecticut. Do I have to apply for a labor again (my company is still X)?

Answer: As long as the labor is filed using the company"s HQ address and not the temporary work site, then it is fine. The Department of Labor normally expects a person to only file the PERM or LC where the work is performed. The problem is that, with "roving" employees whose work locations keep changing, the HQ rule applies for the filing place for the LC and I-140, etc. This rule was set up after the technology boom of the 1990s, but the burden is on the employer to show that it is a roving employee position and the company is actually headquartered where the PERM or LC is filed or it is the business"s corporate HQ. Nov-21-2005.

[gc2003nightmare]

No infromation , no notice don't know what to do. Today went to local INS office , I got same information that I-485 denied on 7/28/06 you may get denial notice soon.

I am really tense don't know what to do as EAD is expiring in oct...

any idea what to do next..or just wait for documents but I heard somewhere that MTR should file withing 30 days of case denial date.

[zzzz4zzzz]

No infromation , no notice don't know what to do. Today went to local INS office , I got same information that I-485 denied on 7/28/06 you may get denial notice soon.

I am really tense don't know what to do as EAD is expiring in oct...

any idea what to do next..or just wait for documents but I heard somewhere that MTR should file withing 30 days of case denial date.

you better contact UnitedNations or EricS or some senior member
dont waste time to get documents to you
start looking other options as well
think this is your final opportunity, DO NOT WASTE TIME
i repeat DO NOT WASTE TIME, time is valuable

[catdog]

gc2003nigtmareGC

Are you teling the truth or lying that your GC is denied? Your name is already GCnightmare.. How come you had the mind to select such a name when your GC is denieid. Notmally people will just select abcd or something when their mind is not working...please tell the truth

secondly if you are telling the truth, please understand that nobdoy can substutute a lawyer..people here do not know anything and just speculate...you are putting your future in the wrong hands by talking to people here..
go to a lawyer SOON!!

[garam.chadi]

and yes they send me one rfe on 05/18/06 we reply on 05/31/06 ..
then they denied case on 07/28 and I think they send notice of deninal on 09/13/06...

It might be ...

1> Ur Reply to the RFE did NOT reach USCIS... USCIS assumed the case abandoned.

2> Ur Biometrics did NOT reach USCIS ... case abandoned.

2> Ur Reply to the RFE was incomplete... If they ask for 3 things .. U need to reply to all the three counts ... A partial reply leads to denial...


I do not think u need to panic all that much ... Just wait for RFE to arrive ..

Good luck

[mlekhala]

gc2003nightmare,

Are you in touch with your Attorney? Seems, you have very little information in your hand, and roaming here and there to gather more information. If you are in touch with your Attorney, he/she is best source to get clear idea on what went wrong and what needs to be done.

Discuss with some other experienced independent Attorney about your case to get second opinion. But you need to have enough information about your case in order to discuss with some other Attorney.

As it was mentionted above by couple of members, your case doesn't look like genuine case. If it is so, please do not waste your time and other members time by posting such cases.

Wish you all the best.

Thanks

Lekhala

[gc2003nightmare]

thanks all for your help. I just got denial notice in hand and it seems to be error at there part.
they ask for employemnt verification RFE and we submit it but they are saying that I am out of status from yime my H1 got expired to the time I got my second EAD.
but in fact they issue me one EAD which is not in there record as per denial decision. like I mention that I got first EAD from 1/20/05 to 01/20/06 and they are showing me out of status from 02/05 to 10/05 as my H1 6 year tems ends on 02/05.

My second EAD approve on 10/05 and vaild till 10/06. but to RFE we submit all of our EAD and approval notice but don't know what make then to think this way and deny this application. I don't know now how long it will take to approve as My PD is 06/03 in EB3.

We are filing for apeal to case let hope for best but thanks as you all knows waiting for gc from long time and then we get this kind of denial..but I was very tense last couple of days.

[EricS]

Just remember one more thing, EAD does not preserver your status, but filing for 485 does. Your 485 was filed in Nov 04 and that is before your H1 expired in Feb 05. So you were in staus all the time (until your 485 was denied).

[gckajadoo]

thanks all for your help. I just got denial notice in hand and it seems to be error at there part.
they ask for employemnt verification RFE and we submit it but they are saying that I am out of status from yime my H1 got expired to the time I got my second EAD.
but in fact they issue me one EAD which is not in there record as per denial decision. like I mention that I got first EAD from 1/20/05 to 01/20/06 and they are showing me out of status from 02/05 to 10/05 as my H1 6 year tems ends on 02/05.

My second EAD approve on 10/05 and vaild till 10/06. but to RFE we submit all of our EAD and approval notice but don't know what make then to think this way and deny this application. I don't know now how long it will take to approve as My PD is 06/03 in EB3.

We are filing for apeal to case let hope for best but thanks as you all knows waiting for gc from long time and then we get this kind of denial..but I was very tense last couple of days.

Can you tell us what category you are in? I mean EB3 world or EB3 India/China. As you mentioned your PD is 06/03 and they are working on your I-485 eventhough USCIS donot have immigration VISA number.

[gc2003nightmare]

PD is 06/07/2003 EB3 India..

[asnssf]

you came here on 1998; Applied LC on 2003; But registered in this forum only on Sep 2006 ? gimme a break. Who are you actually ?

PD is 06/07/2003 EB3 India..

[GCdreamer2006]

Guys, why are you hawkish ? I also came here on 1999 and I applied for LC in 2002. What's wrong with that ?

There is nothing wrong if the fellow joined this forum in 2006. Why do you guys think he is not saying the truth ?

you came here on 1998; Applied LC on 2003; But registered in this forum only on Sep 2006 ? gimme a break. Who are you actually ?

[puerthoughts]

Can you tell us what category you are in? I mean EB3 world or EB3 India/China. As you mentioned your PD is 06/03 and they are working on your I-485 eventhough USCIS donot have immigration VISA number.

They are preadjudicating the cases so they can set up the line of pre-adjudicated cases that only need the visa numbers. This way they can save some time on both sides by sending all the RFEs and getting all the Biometrics.

[gckajadoo]

They are preadjudicating the cases so they can set up the line of pre-adjudicated cases that only need the visa numbers. This way they can save some time on both sides by sending all the RFEs and getting all the Biometrics.

This sounds about right becasue recently (like a week ago), my LUD changed on my I-485 suddenly without chaning the message content. So they might be working or as you said, pre-adjudicating the cases so that they can simply assign VISA # later.

Thanks,
gckajadoo

[garam.chadi]

they ask for employemnt verification RFE and we submit it but they are saying that I am out of status from yime my H1 got expired to the time I got my second EAD.

Wonder why they ask for EAD ... as the status is maintained by pending 485.
But Ur attoney made a mistake .. when there is an RFE on EVL .. you should submit not only the letter from the employee .. but also the underlying document which makes you eligible to work .. Like if in the letter Ur employer says .. working from 1/1/2004 to date .. all the work authorization (h1b,EAD etc) from 1/1/2004 must be submitted.

[defleopard22]

Have you submitted the new I-9 form, when you started working on EAD? But, as long as your I-485 is filed, you should not be out of status. EAD has nothing to do with your legal status. Its just gives you authorization to work, but you can stay without EAD. but without legal employment, employment based gc will be denied by INS (just my 2 cents). I don't know what they were thinking. You can probably call them now and talk to them or explain them. They might be able to help and tell you why they are thinking that you are out of status.