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

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 ?
 
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
 
Spoke to Rajiv Khanna's office and they want her to be on unpaid leave. Working is not an option, looks like.
 
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.
 
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
 
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).
 
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records indicate that Form I-140, Immigrant Petition for Alien Worker which was filed on your behalf on mm/dd/yy has been revoked.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 ?
 
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?
 
Yes, I do have a new sponsor and she is already working for that sponsor/employer.
 
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
 
I-140 was revoked. This was done after the stipulated 180 days of filing 485 and we still got a denial..
 
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 !
 
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.
 
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