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

Discussion in 'General I-485 and Related Issues' started by gxr, May 6, 2008.

  1. gxr

    gxr Registered Users (C)

    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. nscagony

    nscagony Registered Users (C)

    No, file the MTR and the EAD should not be denied since the I-485 will be pending again.
  3. gxr

    gxr Registered Users (C)

    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...

  4. gcfinder

    gcfinder Registered Users (C)

    yes, once you file MTR, she can work on EAD since 485 will now be in status pending
  5. gxr

    gxr Registered Users (C)

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

    nscagony Registered Users (C)

    If thats your new attorney, always follow the advise of your attorney.
  7. gc4vijay

    gc4vijay Registered Users (C)

    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.
  8. gxr

    gxr Registered Users (C)

    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.

  9. stillwaiiting

    stillwaiiting Registered Users (C)

    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).
  10. mmubeen

    mmubeen Registered Users (C)

    Could you guys explain the reasons for the denials if and when you get the information?
  11. dude40004

    dude40004 Registered Users (C)

    Can you share something about the reason provided by USCIS for denial ?
  12. gc4vijay

    gc4vijay Registered Users (C)

    call cis

    Nope ... my attorney did it.
    I140 revoked by old employer

  13. gxr

    gxr Registered Users (C)

    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 ?
  14. gettingmygc

    gettingmygc Registered Users (C)

    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?
  15. gxr

    gxr Registered Users (C)

    Yes, I do have a new sponsor and she is already working for that sponsor/employer.
  16. nscagony

    nscagony Registered Users (C)

    Get an attorney and file a motion to reopen the I-485 with proof of the new employment relationship.
  17. khadash

    khadash Registered Users (C)

    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.
  18. gxr

    gxr Registered Users (C)

    I-140 was revoked. This was done after the stipulated 180 days of filing 485 and we still got a denial..
  19. vj66321

    vj66321 Registered Users (C)

    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 !
  20. gxr

    gxr Registered Users (C)


    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.

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