485 Denial

V

vcgc

Registered Users (C)
Hi Gurus,
We (My selfy and my family) received a denial Notice from BCIS today.. They have stated that they denied our I485 application under section 245.2(a)(2)(i)..

I did Concurrent filing of I140 and I485.

EB3 - Labour Substitution

I140 RD:11/23/02, ND:01/24/03 REF: On Educational Evaluation and Replied on April 21, 03.

I485 RD: 11/23/02 ND/01/24/03

FD Done : 02/28/03

EAD received on April 4, 03


What is the above section mean ? Does it mean the underlying I 140 is denied .. Do we have any recourse .. I will be talking to my lawyer on Monday ..

I would appreciate all your inputs..

Thanks..
 
Thanks gcinfo1971.. I did check on-line and AVM, both are having same message

I-140
"On April 21, 2003, we received your response to our request for evidence or information. It is taking between 30 and 360 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case."

I-485
On March 4, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

I am perplexed, we had received EAD.. as some postings had mentioned that BCIS does not issue EAD if the I-140 application is not bonafide primiefacie..

What are my options.. I will be talking with my lawyer on Monday.. I need some info so that, I can talk with my employer and lawyer..

Thanks
 
It appears that yours is a LC substitute case, there is a high chance that your I-140 is denied based on the qualifications. If you think you have a strong case, you can file a motion to reopen your I-140 then your I-485 will be back to pending and ead can be used. I heard such I-140 motions take long time. Mean time you can think of starting a parallel gc processing case ( and if needed substitute new I-140 on old I-485 case to protect your prioriy date). This is just my understanding.
 
vcgc,
It looks you used 245(i) for your AOS case. Probably this could have triggered denial since the visa number might not be available. I have seen lot of members of this forum apply 245(i) when they get RFE for status and not when filing I-485.
 
Thank you Edison,

The lawyer is telling that they have not recd. the letter yet.
He has to go through the files and decide what to do!
I just want to know is there any recourse or do I have to file labor again.
 
More Update..

Spoke to Lawyer and Employer .. Both have not received any I-140 denial Notice.. My Lawyer's office is trying to find out from the files and trying to interpret the notice from BCIS..

What I am looking now is what are my options ?

Edison,

Could you please explain available visa number ?


Thanks for all your comments..
 
Hi gcinfo1971

I am very new to this forum, but i am following this forum since quite a some time, guys are excellent, this is amazing site to share everything about GC.

I am just curious about 245(i) cases, and i gone through the link you showned in your message.

Ok here are my questions regarding Mr. vcgc. Please clarify me, if he would have been approved I-140 by this time he wouldn't have been denied the i-485 wright?

What is the immigration visa number should be available at the time of apply for AOS on the basis of 245(i) means?

What are the possible problems to face if it is a substituted LC in these type of cases.

Thank you very much in advance
 
Maybe your I-485 case came up before your I-140 approval. Since you dont have an I-140 denial, this may be the case. BCIS officers are sometimes aholes.

Regardless, we wish that this is all a mistake and your lawyer fights for you and wins the case....

Keep us posted.
 
wanna know what is happenning with you

Hi gcvc
I hope all went well with you, please let me know about your status, what happend with you, i am so curious because i am also in the same boat
thanks
 
Last edited by a moderator:
vcgc,
I140 must be rejected. Your lawyer seems to be helpful. What I found is better talk to one more attorney before sending the reply, this may help your case to reopen.

Best of luck
 
please respond me this time

Hi gcinfor1971



here i am in the same situation as vcgc , I mean substituted LC EB2 for 245(i), please please share your knowledge on this kind of situations. my question is what are the chances to get the GC for this kind of cases?
I am really scared by reading his situation. Please let me know any of you know? those who got the GC using Substituted LC for 245(i) cases.
In my case i got i-140 approved and EAD also approved, but card is not yet received.

Thanks a lot in advance
 
gcinfo1971


Can you give me some more info on parallel gc processing and how it can be done so that you keep your priority dates? I didn't receive the denial letter on my 485 but received a letter saying that my ead was denied because my 485 was denied. T


thanks
Originally posted by gcinfo1971
It appears that yours is a LC substitute case, there is a high chance that your I-140 is denied based on the qualifications. If you think you have a strong case, you can file a motion to reopen your I-140 then your I-485 will be back to pending and ead can be used. I heard such I-140 motions take long time. Mean time you can think of starting a parallel gc processing case ( and if needed substitute new I-140 on old I-485 case to protect your prioriy date). This is just my understanding.
Click to expand...
 
did you hear anything on this vcgc

I was wondering if you have more info on this. a friend of mine has also been denied for the same reason.
 
need help vcgc ? or any others ?

Hi vcgc?

any updates on your case?i was curious to know.
im now in a similiar situation.
any help appreciated

Thanks,
gcz
 
Re: did you hear anything on this vcgc

Originally posted by slick
I was wondering if you have more info on this. a friend of mine has also been denied for the same reason.
Click to expand...

For what reason? Can u plz post ur friends details.
 
Re: need help vcgc ? or any others ?

Originally posted by gczigma
Hi vcgc?

any updates on your case?i was curious to know.
im now in a similiar situation.
any help appreciated

Thanks,
gcz
Click to expand...

Was urs denied too? Plz post details.
 
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