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I-485 denied, how long can I stay in the US?

Discussion in 'Medical Professionals - OTHER than Physicians or P' started by NYPT, Aug 1, 2006.

  1. NYPT

    NYPT Registered Users (C)

    Hi! Im a physical therapist presently in the US. My employer filed me for an I-140 & 485 concurrently .Just wanna ask if how long can I stay in the US legally if my I485 has been denied. Are there any ways in which I can stay in the US legally till I pass the NPTE? Hope to hear from you guys.

    Thank you. God bless.
  2. great guru

    great guru Volunteer Moderator

    you can stay as long as you want if you have any back up visas H4/ F1 etc.

  3. NYPT

    NYPT Registered Users (C)

    Hi great guru! so if ever my I-485 is denied, can I apply for F1 if in case I decide to study? my H1 ended thats why my employer decided to file for I-140 & I-485 while i am in the 245i state. Hope to hear from you.
  4. great guru

    great guru Volunteer Moderator

    You should have your F1 before your I 485 denial. Try h1 or H4 if you qualify.

  5. harleyd

    harleyd Registered Users (C)

    Your status is illegal immigrant once your I-485 is denied if you don't have alternative status such as H1 or F1.
    But good thing is, if you can past the test within 180 days of denial date, you still can file another I-485 application under 245k.
  6. cool_change

    cool_change Registered Users (C)


    for greencard processing, you are not really required to present a license. ATT is sufficient for your greencard processing.

  7. NYPT

    NYPT Registered Users (C)

    Hi cool change! Thanks so much for your reply. I don't have a visascreen at the moment and I'm in the US. Will I still be approved for greencard? Thanks again and hope to hear from you!

    JIALIF New Member

    Does my wife need to reapply H4 after our 485 were denied?

    We are H1/H4 (my wife is H4). My wife is a nurse. We filed I485 based on my wife's employment. She began to work after she received EAD card. But, our 485 were denied due to failure to submit VisaScreen certificate. My wife stopped working right after rejection letter was received. Does she need to do something to reapply H4?

    We didn't do anything since our attorney told us it was unnecessary. Now, I am renewing H1/H4, the attorney from my company is concerned about my wife's status.

  9. ajasha

    ajasha Registered Users (C)

    Your previous lawyer made a fool. If you use EAD while you are on H4, you loose that status. At that time option was to go out of country and enter again as H4. At this time talk to a very good lawyer and not just comapnies lawyer. If need to file your H1 and her H4 separate. Since she is here illegaly you need to argue your case very seriously and the negligence of your previous lawyer.
  10. NYPT

    NYPT Registered Users (C)

    hi jialif! just wanna know how soon did you receive your denial letter after the deadline of the visa screen. did your wife start processing her visascreen?did she submit a status letter from cgfns (visascreen) stating that you have a pending application with them? sorry for all the questions. until now i haven't received any letter from ins. thank you! God bless
  11. physionj

    physionj Registered Users (C)

    I am in the similar situation. My 140 was denied few months back and now 485 is denied. I am out of status since I don't have any other valid non-immigrant visa.

    I have a questions to all Gurus here. Since when my 180 days limit start?
    Here are the events on time scale:
    1) Entered US on H4 two years back.
    2) Last year applied for 485/140 and got EAD.
    3) Started working on EAD last year.
    4) Visited home country in Dec 2006 and entered US in jan 2007 using travel document (AP). Got new I -94 while entering. I-94 is valid till jan 2008. I-94 says paroled till Jan 2008.
    5) I140 denied in Jan 2007
    6) March 1st 2007 - old H4 expired (as on my passport).
    7) I485 denied in may 2007.

    Now, my question is my 180 days period starts from march 1st 2007 or from May 2007 when my 485 was denied?
    I am getting conflicting opinions from lawyers. Most says 180 day period starts from May (485 denial) since I was paroled because of my travel document and pending 485.
    But some say, it starts from March 1st since after 485 denial you go back to your previous non-immigrant visa status and if it is invalid, your 180 days period starts from that point.
    What should I do? Please advice!
  12. frolics

    frolics New Member

    You should have file I-290B (Motion to re-open and appeal) on your I-140 before 30 days after denial of I-140.
  13. great guru

    great guru Volunteer Moderator

    You are paroled based on pending I 485, but your pending I 485 is purely based on I 140.

    Previously you can't even file your I 485, before I 140 approval, new provision gave that opportunity to file both I 140/485 concurrently hoping your I 140 will get approved.

    Hence, I 140 denial immediately cancel your pending I 485, since two different officers are working on I 140 and I 485 the time delay for I 485 denial will not give any favor to you.

    The day of I 140 denial is the day , your parole, EAD all gets cancelled.

    Unless you have a back-up visa H1/H4/F1/B handy, you will be subject to deportation proceedings, you can read this in I 485 denial notice

    Last edited by a moderator: Mar 14, 2008
  14. khanay

    khanay New Member

    I applied for i485 when i came to the u.s because of my citizen wife. I was rejected after Stokes Interview and hence my lawyer re-applied the i485? Question, how can he re-apply the i485 again after i was rejected after the stokes interview on testimony?

    Since my lawyer applied again for my i485, the USCIS rejected my claim again and the decision paper didnt give any reasons to why they rejected but it says you will be further notified for your removal proceedings..its been more than a month and nothing from the USCIS.

    Now i went to see my lawyer again and he told me we can re-apply the whole i485 again just have to fill the fees and applications..is he just ripping me off or its actually possible to apply again and again for i485?

    I dont have any ideas who to see or what to do..do i just appeal to the BIA or reapply the whole i485 thing to the USCIS?

    Final Question, since i was denied i485, can i change my status and get a student visa eventhough my tourist visa and entry has expired long time ago?

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