My I-485 has been rejected, please help

N

NJ-140

Registered Users (C)
Dear all,

My I-485 has been rejected because of the following reason:

Your application is based on an immigration for which a visa number is not immediately available.

I feel really confused since my I-140 application was approved in the category of Individual w/ advanced degree or Exceptional Ability in the National Interest and my receipt date is May 25, 2005 and Priority date is May 23, 2005.

Any suggestions? Please help me!

Many thanks!!!
 
Probably eb2 visa ran out after sept bulletin published. I guess you can resubmit your application in Oct when the new fiscal year begin.
 
looks like a mistake, chk with attny or call the center, is this NSC

NJ-140 said:
Dear all,

My I-485 has been rejected because of the following reason:

Your application is based on an immigration for which a visa number is not immediately available.

I feel really confused since my I-140 application was approved in the category of Individual w/ advanced degree or Exceptional Ability in the National Interest and my receipt date is May 25, 2005 and Priority date is May 23, 2005.

Any suggestions? Please help me!

Many thanks!!!
Click to expand...
 
My wife's I-485 (derivative) was also rejected based on the following reason:

CIS records do not show that you are the beneficiary of a pending or approved immigration visa petition which would make a visa immediately available to you or that you are otherwise eligible to adjust your status to that of a lawful permanet resident.

It seems that CIS made a mistake about who is the primary applicant, and they thought my wife is the primary applicant. I think that the above reason mention should apply to the primary applicant.

Instead, I got the following reason:

Your application is based on an immigration classification for which a visa number is not immediately available.

I checked the visa availability for EB2 is still current, and I do not know what happened to my case. Please help !!!

Many thanks!!!
 
talk to vsc, it would be approved surely,may take an appeal worst case

send a copy of approved 140 as evidence, alonwith denial..first case talk on tuesday to csr keep your case details, see the response and go from there if you need to get together with ur lawyer..
NJ-140 said:
My wife's I-485 (derivative) was also rejected based on the following reason:

CIS records do not show that you are the beneficiary of a pending or approved immigration visa petition which would make a visa immediately available to you or that you are otherwise eligible to adjust your status to that of a lawful permanet resident.

It seems that CIS made a mistake about who is the primary applicant, and they thought my wife is the primary applicant. I think that the above reason mention should apply to the primary applicant.

Instead, I got the following reason:

Your application is based on an immigration classification for which a visa number is not immediately available.

I checked the visa availability for EB2 is still current, and I do not know what happened to my case. Please help !!!

Many thanks!!!
Click to expand...
 
Last edited by a moderator:
Thank you very much for your quick reply and I will talk to the center Tuesday morning. Unfortunately I did not hire a lawyer, but I think CIS made a mistake. I checked the Department of State that visa number is still current for EB2 in September 2005.

My I-140 receipt date was May 25, 2005 and approval date was July 12, 2005. Actually I have enclosed a copy of both approval and receipt notices of I-140 in my I-1485 application, but I did not make the copy of the back. Do you think it is necessary to make a copy of it? Anyway I will make a copy of it next time.

Thanks.
 
Receipt date was August 25, 2005 and notice of denial was August 31st, 2005. I have not received anything else from the center, thus no finger print done.

Does anyone what happended to my case? It's a mistake or visa number is not available for EB2 starting September 2005?
 
didn't notice the dts, then it is really not a denial

they just most likely confused you with EB3. keep your packet ready again and make a big EB2 on subject/cover and talk to rep, give your case nums, worst case there hv been rumours of EB2 consumed, but nonetheless they can't officially refuse it. if your chks were not encashed then i would say send your pkt tomorrow itself with a proper cover letter add copy of bulletin , highlight relevant parts and most likely it will be accepted, worst case if they still return file on oct 1st no big deal...
NJ-140 said:
Receipt date was August 25, 2005 and notice of denial was August 31st, 2005. I have not received anything else from the center, thus no finger print done.

Does anyone what happended to my case? It's a mistake or visa number is not available for EB2 starting September 2005?
Click to expand...
 
Thank you, Nato, actually the entire package along with my wife's was returned, and I still have the money orders in the package.

I think they probably treated my wife as the primary applicant, but I not sure about the reason which is not clear enough to know if EB2 visa number is exhausted.

I will have to talk to the rep before I send in the package again otherwise there will be another two weeks of time waste. BTW, for you guys info, the check or money order should be made payable to U.S. Citizenship and Immigration Service", which was shown at the bottom of my I-485 denial notice. Also it seems they punched the documents with two holes on the top, so I think it is better not to stape them.

Thanks.
 
the point is

talking to rep may throw some more light. but the person accepting /rejecting it will be different, so you stii hv to mk sure that proper assembly is done for the app. guess you can carefully review your packet and get things in order, think staple is not allowed, read the application submission instructions again
NJ-140 said:
Thank you, Nato, actually the entire package along with my wife's was returned, and I still have the money orders in the package.

I think they probably treated my wife as the primary applicant, but I not sure about the reason which is not clear enough to know if EB2 visa number is exhausted.

I will have to talk to the rep before I send in the package again otherwise there will be another two weeks of time waste. BTW, for you guys info, the check or money order should be made payable to U.S. Citizenship and Immigration Service", which was shown at the bottom of my I-485 denial notice. Also it seems they punched the documents with two holes on the top, so I think it is better not to stape them.

Thanks.
Click to expand...
 
Dear Nato,

Currently I am preparing the application and ready to submit it tomorrow again, but I still have one question: Which option I should choose for the question: Have you ever applied for permanent resident status?

They did not give me any case number for my I-485.

Any suggestions ?

Thanks.
 
Mine is EB3 with PD Apr 2002. When my lawyer sent the 485 application in April 2005, the whole package was returned back. The PD was May 2002 at that time. Later my lawyer re-sent the whole package with a print-out of visa bulletin.
So, I think CIS made some mistake in your case. It would not be bad to go through all your applications once more, just to be sure....
Good luck!
 
Thank you very much for your information. Which option should I choose for the question: Have you ever applied for permanent resident status? What option did you choose then when you re-filed your I-485?

Many thanks!!!
 
I am not sure whether my lawyer re-did the application. He told me he sent the package as it is with the printed copy of visa bulletin. There was no denial(or any such notice) in my case. I dont know what you would answer there.
 
Plz share ur detailed case history.

Do u mean reject is they refuse to accept ur application? and turn it back to you? or u are talking about denial???????


if appl turned it back to you becz V-no issue then
If appl were sent in Aug the visa bulletin says it may cut-off date for EB2.
but for sep its clear it is available,

First call SC to find out the reason .

Good Luck
 
Last edited by a moderator:
I-140, NIW, VSC
RD: May 23, 2005
ND: May 25, 2005
AD: July 12, 2005

I-485
RD: August 25, 2005
ND: August 31, 2005, rejected because of visa number not available (mistake?)
 
NJ-140 said:
I-140, NIW, VSC
RD: May 23, 2005
ND: May 25, 2005
AD: July 12, 2005

I-485
RD: August 25, 2005
ND: August 31, 2005, rejected because of visa number not available (mistake?)
Click to expand...


Call Service Center and see what do they say.

btw would u like to share that why u didn't file 140+485 concurrently, why did u wait?


Good Luck
 
I should have filed them con-currently, and I may have known the results by now. I am still a Ph.D. student, and going to graduate next year. Yeah, it is a waste of several months. You know F-1 is a non-immigrant status, and filing I-485 will affect my OPT application since I-140 is no guarantee to be approved.

Thanks and I am ready to re-submit it again.
 
You must log in or register to reply here.
Top