O1-Visa after Denial of I-485

H

Harraz

Registered Users (C)
After 23 months of marriage I got denial for my I-485 because my wife was pregenant and I was newly moved to S.F bay area, CA for my new job so she could not come to the 2nd interview. However during the 30 days notice to leave US and while I was off of my work because they revoked my EAD my company/Corp. applied for O1-Visa and I got it.....

3 months later I got a NTA (notice to appear) and that I have to be in front of an immigration judge becasue I stayed illeagely in US after the denial of the I-485....

Does that make sense ...is there any chance that this case IS ONLY THAT THE OFFICER DID NOT DO HIS/HER WORK AND CHECKED THE SYSTEM BEFORE CHARGE ME .....!!

IS THERE ANYONE CAN HELP ADIVSE ME IF THEY ARE GOING TO ADMIT THE MISTAKE OR THEY WILL DIG ARROUND THE O1-VISA AND REVOKE IT TOO ?


Thanks
 
Did you just apply for the O-1 petition, or did you apply for change of status to O-1 as well? Just getting the O-1 petition doesn't grant you status. If you apply for change of status they send you a new I-94 that replaces the one in your passport. If you didn't get a new I-94, you are out of status for 3+ month now, and you should leave the US immediately and apply for a O-1 visa stamp abroad and re-enter the US with that.
 
nscagony said:
Did you just apply for the O-1 petition, or did you apply for change of status to O-1 as well? Just getting the O-1 petition doesn't grant you status. If you apply for change of status they send you a new I-94 that replaces the one in your passport. If you didn't get a new I-94, you are out of status for 3+ month now, and you should leave the US immediately and apply for a O-1 visa stamp abroad and re-enter the US with that.
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I got the O1-visa and the new I-94 same day ...so I do have a new I-94 and a new status .... is that right !!
 
Might really be a mistake on their end then. Get a lawyer and have him contact USCIS immediately.
 
I got a lawyer, she told me it might be an easy as to determinate the removal proceedings or could search for the whole case/s and dig around which might take time !!!
 
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