485 and 290b denied to issue with Priority date retention

J

Jaydvg

New Member
Dear Rajeev Ji,

I remember watching your YouTube videos in 2015 and never thought to reach out in your forum.

Recently, both my 485 and 290b MTr was denied due to issue with 140 revoked by employer prior to 2017 rule. Although my new I-140 showed old PD, AP and EAD was issued in 2021, uscis FO rejected it during final stage. I've been reading all the rules and manual and nowhere it is mentioned PD cannot be retained if not revoked for fraud or misrepresentation.

Do you think lawsuit on the denial has any chance to win?

Regards
 
Is it possible to post original I-485 & I-290b denial details. Post only pertinent denial reasons. Don't need any personal details.
 
Hello, in summary 485 was denied as my ex employer withdrew 140 in 2016 prior to 2017 rule change for 140 retention. My new 140 had old PD date, but uscis fo argues that I cannot retain old PD as 2017 rule cannot be replied retroactively.

290b decision was no different as FIeld officer was reiterating the same statements.

As per uscis memo, PD can still be petitioners as long as 140 was not revoked for fraud etc.
 
When you filed I-485 you were suppose to have underlying I-140 in approval status either from original petitioner or secondary petitioner if you have moved. If this was not the case I am wondering how you filed I-485 and moreover I-485 supplement J was also suppose to be included with I-485 if this was not concurrent I-140/485 filing.
 
Hello, yes I filed 485 only after my second employer received 140 approved and old PD mentioned on the new I-140. Moreover, 485 J was approved by NSC the same day 485 was denied. They also issued AP and EAD that was valid for almost 2 years. issue is uscis is not linked my new I-140 to AOS with old PD. They are readjudicating I-140 at the final stage. Could this be uscis erro?
 
Attached denial decision for 485. I was hoping to speak to Mr Rajiv ji on Pct 19th conf call. But I was late posting my question. If you refer to the decision , I think Sage IT vs Cissna reference is misconstrued in my case.
 

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Attached 290b denial. My employer attorney gave reference to current AFM memo about PD retention.
 

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This definitely looks to be an USCIS error. If there is no fraud or misrepresentation involved I believe you should be able to port priority date.

Find out if there were any issues with 1st employer. That could be the only reason I can think of, otherwise you should be able to priority date even if employer withdraws I-140.

Try to retrieve your complete alien file from USCIS under FOIA and see if what notations are there.
 
Thank you for reviewing the documents. I pulled foia document for withdrawn I-140 from 1st employer. It was clear withdrawal as I was no longer employed with them.
If you notice the statement FO is using in the denial, they kept insisting that new rule doesn't apply retroactively for retaining PD. Could this be an issue?

Additionally, if it's uscis error and probably FO not familiar with rules, Will lawsuit be best move forward?
 
Report this issue to USCIS ombudsman and may be go for lawsuit too. USCIS is definitely incorrect in interpreting priority date porting rules and Jan 2017 memo.
 
Yes I reached Senator, congresswomen and also ombudsman. All they did was follow up on the case status. Sadly they didn't had any control on the decision. Thanks for sharing your insight. I'm looking to hire immigration lawyer for the lawsuit at the moment. Regards
 
whitemimauz3 said:
Report this issue to USCIS ombudsman and may be go for lawsuit too. USCIS is definitely incorrect in interpreting priority date porting rules and Jan 2017 memo.
Click to expand...
Hello, have you seen any similar case like mine and uscis later fixed the error they made?
 
Jaydvg said:
Yes I reached Senator, congresswomen and also ombudsman. All they did was follow up on the case status. Sadly they didn't had any control on the decision. Thanks for sharing your insight. I'm looking to hire immigration lawyer for the lawsuit at the moment. Regards
Click to expand...
whitemimauz3 said:
Report this issue to USCIS ombudsman and may be go for lawsuit too. USCIS is definitely incorrect in interpreting priority date porting rules and Jan 2017 memo.
Click to expand...
Hi, would you know if anyone else had faced similar issue on porting old PD from revoked I-140 and their AoS was approved by uscis ?
 
whitemimauz3 said:
Report this issue to USCIS ombudsman and may be go for lawsuit too. USCIS is definitely incorrect in interpreting priority date porting rules and Jan 2017 memo.
Click to expand...
Hello would you know if anyone else had faced similar issue on porting old PD from revoked I-140 and their AoS was approved by uscis ?
 
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