485 approved, was denied earlier in May, 2001

gchopeful1

Registered Users (C)
Hello friends and wellwishers,
If you recall, both my and my wife\'s 485s were denied back in May of this year. Though INS\'s denial notice said that this case couldn\'t be appealed, my attorney filed a motion to reopen the case, explaining the situation to INS. She did an excellent job in representing my case. I also spoke to the Immigration Liason at my senator\'s office, who in turn did some follow up with INS. Finally, both our cases got approved.
Though we had to wait 5 gruelling years to get our green cards, we feel blessed to have it at this uncertain time.
We can\'t thank enough all of you who helped us during our hour of need. You gave us courage, optimism and hope. Times were really tough even back then, and your good wishes helped us during such trying and difficult times. Our message to all of you who are waiting is to keep the faith, optimism, and hope alive. You will all get it - it is just a matter of time.
May God bless us all and this great country!!
With regards and best wishes,
gchopeful1
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For your ease of reference, I am pasting the contents of my earlier posts below:

I485 denied: received denial notice from VSC just now
gchopeful1 - 01:14pm May 5, 2001 EST

Hi friends:
We finally received the denial notice from VSC. The letter says:

"On May XX, 1999, filed an I-140, Immigrant Petition for Alien Worker. On November XX, 2000, that petition was revoked."

Our details: PD 2/97, EB2 India, RD 09/22/99, ND 10/4/99

What is really bizzare is: I\'ve been with the same company since 1996, and even my corporate attorney was baffled why my I485 could be denied.

Now, when I call up the VSC number and enter the EAC# for my approved I140 petition, it says that this petition was revoked on November XX, 2000, and that a letter explaining the reason why that petition was revoked had been mailed. Obviously if this letter was mailed, my attorney should have received it and known about it, but obviously they don\'t. Unfortunately, we can\'t do anything until Monday till we talk to our attorney, but thought to share this information with all of you.

Let me know if you have any suggestions, thoughts, or words of wisdom.

Thanks a lot to everyone on this board who has helped us and given us hope, encouragement, and support during our hour of need.

 
 

I485 denial: have the details now
gchopeful1 - 08:32pm May 7, 2001 EST

Hello friends:
After the most hellish weekend of my life, I talked with my attorney this morning. When I told them about the reason for the 485 denial, they said that they had received the letter from INS explaining the revoking of my I140 (I still can\'t figure out why they didn\'t mention it to me or do something about it until now)

I\'m breaking down the events in my case in a chronological order to make it easier to follow:

i) Person X\'s approved Labor Certification was used to file for my I140 at VSC on May XX, 1999

ii) The I140 was approved on August XX, 1999

iii) Using the approved I140, my I485 was filed at VSC on September XX, 1999

iv) My own labor certification got approved sometime in 2000

v) My approved labor certification was used to file person Y\'s I140 at VSC sometime in 2000

vi) On Nov. XX, 2000 INS sent a letter to my attorney saying:
"It has now come to the attention of this Service that you wish to substitute another individual on the labor certification. This Service acknowledges the receipt of your Form I-140 and Form 750, Part B, filed on behalf of the new alien. You will be informed of the decision on that petition by way of separate notice. Therefore, the approval of your petition is automatically revoked in accordance with 8 CFR 205, 1(a)(3)(iii)(C)

vii) On May XX, 2001 INS denied my I485

I also talked with a few other attorneys, they are saying that they can only help after looking at all my information. But when I mentioned the abov
 
gchopeful1

Thanks very much for your detailed post! You were so fortunate to have a good lawyer helping you out!

Are you saying the LC can be transferred to another person? Do you think your case was denied because you used another person\'s LC? I have a friend in the similar situation, so I\'d appreciate your opinions on this.

Again, congratulations and enjoy your life!
 
No Title

Hi Seenoend,
An approved LC can be transferred to another employee of the same company as long as the job descriptions are fairly similar (and assuming of course that the original employee for whom it was obtained is no longer with the company).
Using another employee\'s wan\'t really the issue in my case. My 140 was approved based on an approved LC for another employee. What really caused all the confusion was the fact that my own LC got approved later and was used to file for another employee\'s 140. This caused some confusion on INS\'s side since they assumed that I was no longer with the company. They subsequently revoked my 140, and thereafter my 485 (and my wife\'s as well since hers was a derivative adjustment based on mine).
But my lawyer clarified the matter and finally we got approved. This posting is for the benefit of anyone who has or might have a similar situation. I was fortunate enough to connect with some people who were in a similar situation and can\'t thank them enough for all the moral support and encouragement they provided us, and so we want to share and give back to this great community.
If anyone has any questions, please feel free to send us an email at gchopeful@aol.com.
Thanks again to everyone.
Regards,
gchopeful1
 
gchopeful1

Thanks again for your reply! I totally agree that this board is great and most people are very supportive!
 
Senator

Hi,

I am in the same situation. i. e. They denied the first attempt (due to lack of FP, even though I didn\'t receive a notice).

Anyway that is beside the point My lawyer appealed my and my wife\'s case and they opened my case but still haven\'t opened my wife\'s case. I received the FP notice this time but my wife\'s case is still up in the air.

Do you think I should contact a congressman or senator about this situation.

Thanks in advance for replying
 
Could you post immigration Liason information

What is about the Immigration Liason at your senator\'s office?
 
Please reply

gchopeful1


My 485 is denied for the same reason as yours.
I have emailed you at your aol email adrress.
Could you please conact me or post a message about how long it took you to get approved after your case was denied.

Thanks.
 
I-140 revoke

Hello GChopful1,

I read ur post regarding ur difficult journey of GC.

Can you please let me know how much time INS took to revoke ur I-140 when u gave ur labor to substitute for other.

I got laid off immidiatley after aplying I-485 and my employer says they will Invoke my I-140. I am very anxious.

please let me know if you get this message

Thanks
 
GCHopeful1

I have some questions for you. My case is very similar. I am tensed.

1. What was your status while MTR? Does pending MTR is considered as "In status".

2. Looks like it took a year from filing MTR to approval, that is, from May 2001 to May 2002. Meanwhile, did they renew your EAD and AP?

3. Could you work on the EAD during MTR approval?

Please help.
 
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