485 After 140 denial

virtuo0

Registered Users (C)
Hi Guys,
My 140 was denied after filing 485 2 months ago. I expected my 485 also to be denied based on 140 denial immediately as everyone says. But the interesting thing is i got FP notice 3 weeks after the 140 denial even before filing the appeal. I did FP and the LUD was updated next day on 485 which means they received FP. Now coming back to 140 ....i filed an appeal and almost 3 weeks after filing the appeal the status message on 140 changed to "Denial notice sent" and the appeal status says its pending. 485 status also says pending. I also applied for another 140 in EB3 ( original 140 was in EB2) which will not be processed until a decision is made on the appeal (everyone is saying that).
what i am trying to figure here is why is my 485 not denied immediately after 140 and why did they send FP . I have no false hopes and strongly think that it shows how disconnected their system is. One interesting question i have now is if at all my 140 in EB3 is approved can my 485 be moved on to it from the previous EB2 that is denied and not file 485 again ?

And for information purpose my 140 in EB2 is denied on Oct 19. I filed 485 in last week of july and got FP on 09 Nov and it was on Nov 29. Filed appeal by Nov 19. All the dates are in 2007. reason for 140 denial is 4 yr degree and the denial notice says that they want one single degree that is 4 yrs long. But there is an inter office memo published by USCIS in Jul 06 that clearly says combination of degrees are valid for establishing 16 yrs of education and only thing they need to worry is if the alien qualified which is exactly my case. I have 16 1/2 yrs of education in electronics, computers and management. and i completed 6 yrs on H1 this Nov and filing for extension based on the 140 appeal.

Now its joke time. Did not they deny my 485 because they know that i m going to file appeal and they need to approve it and just screwing with me in the mean time ?

In any case i don't give a damn and just want to enjoy life no matter what would be the outcome of all this. your views are welcome.

Cheers.
 
Yes, I-485 is linked with I-140. Usually the action on a pending I-485 for a I-140 denial is not immediate ... it appears (from several postings) that there is sufficient time to file a MTR / Appeal that re-instates the I-485 too.
 
I don't think thats possible. I spoke to a very high profile attorney paying $350 for 20 min conversation. Only thing she said is an EB3 application can be submitted with the appeal and in which case EB3 approval chances immediately after denial of appeal would be high. I guess that means a "No".
 
You can link your 485 with the EB3 140 that is still in process. It is called interfiling. You do not need to file another 485. Read this
http://www.murthy.com/news/n_staiss.html

Your EB3 140, is it based on the same LC? If yes, then you can withdraw you appeal if you want and let them approve your EB3 140. Otherwise, as everyone is saying, you will have to wait for approval until decision is made on the appeal. If these are on diferent LC, then I think you can keep both 140s alive at the same time.
 
My 140 was approved on 13th march 2006, when the prioirity dates bacame current last june/july period i applied for 485 and got EAD for both me and my wife. I have taken a full time job after waiting 6 months and that is feb this year (2008). I am in the process of sending AC21 documents to USCIS and i just found yesterday on 6th that my previous company cancelled 140 causing my 485 denial. I am not sure what happens next, but i am meeting an attorney tomorrow and on tuesday to seek further steps. But just want to know the response from forums as well. is this going to hurt my status? hope not. cross my fingers...

Thanks in advance,
Simpleman1971
 
My 140 was approved on 13th march 2006, when the prioirity dates bacame current last june/july period i applied for 485 and got EAD for both me and my wife. I have taken a full time job after waiting 6 months and that is feb this year (2008). I am in the process of sending AC21 documents to USCIS and i just found yesterday on 6th that my previous company cancelled 140 causing my 485 denial. I am not sure what happens next, but i am meeting an attorney tomorrow and on tuesday to seek further steps. But just want to know the response from forums as well. is this going to hurt my status? hope not. cross my fingers...

Thanks in advance,
Simpleman1971

As per one school of thoughts, your EAD is also denied along with 485. So you currently do not have any valid status (485 denied) and also you are not authorized to work (EAD denied) until you file a MTR/Appeal and your 485 gets reopened. If MTR gets accepted and 485 is reopened, then you will be considered in status for all this time. If your MTR is not accepted, then you will be considered out of status from date of original denial of 485.

Your best option is to file MTR/Appeal ASAP (should have been done within 30 days of 485 denial). Avoid traveling out of country until 485 is reopened.

Best of Luck!
 
Thank you for your response. I didnt receive any NOID or REF which is surprizing. i am going to appeal and open an MTR. i spoke with good attorney and apply for MTR ASAP.
 
As long as you worked with the previous employer for six months after I-485 filing, you should be okay. File the MTR ASAP.
 
Thank you for your encouragement. I confirmed with my previous company and found that they did not receive any REF or NOID, they just got the denied notice. I approched attorney and they are going to file MTR. Is Denied notice also voids the Advance Parole, my wife just went to india to see her parents and she is carring, we are expecting our first child some time in december. HOpe everything goes fine and she will join me as per schedule.

Yes i was with my employer after filing 485 and only this feb i have taken a fulltime job. hope this helps.
 
Mtr Approved

My MTR's were approved and i got a letter from USCIS saying so and it also states that they sent letters to the appropriate departments as well. I am just waiting for the all papers to come.

I need to renew both EAD and AP for my wife and myself and wondering do i have to wait till i receive all my papers or just go ahead and file for renewal

Thanks for all your right suggestions and encouragement

Regards,

Simpleman1971
 
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