485 denial

H

hydbad

Registered Users (C)
I applied for GC in June of 2002 and 485, EAD and advance parole in August 2002. My EAD and AP got approved. Finger printed in November 2002. RFE on 140 in November and submitted the evidence in december and the message got updated that the processinghas been resumed. In July 2003 I applied for 2nd EAD and I received a letter saying that my EAD was denied because my 485 was denied. I haven't received any notice that my 485 was denied. The BCIS website and the AVM says that my EAD, 140 and 485 are still in process. When I called the vermont service center they are not of any help. My EAD expires on 20th October.

Any suggestions?
 
Sorry to hear that.
Can you post your details?

Looks like the number of denials have increased lately.
Denial of GC was rare, but now a thread/post informing about a denial seems to be very common.
Its not far when we will treat this denial stories like any other FP or AP renewals episode.
 
I applied for GC in individual with extraordinary ability/NIW category. I used up all 6 years of H1-B visa. Currently, I do not have a lawyer. I hope this summarizes the details you need to know.

Thanks
 
Originally posted by hydbad
I applied for GC in individual with extraordinary ability/NIW category. I used up all 6 years of H1-B visa. Currently, I do not have a lawyer. I hope this summarizes the details you need to know.

Thanks
Click to expand...

Sorry to hear that. One of the common denominator on the denails is if the I140 was revoked by the employer, then the 485 is being denied. In some of the cases, if the applicant had 2 I140 from 2 different employers and if one employer cancels the I140 because the applicant is not working in the company, then BCIS's smart guys revoke the I485 based on that.

It may be high time to get a competent immigration attorney to reopen your case and there are some time restrictions on that. So please act as soon as you can.

Best wishes,
Raj
 
is your 140 approved

the most common cause in EB1/NIW denials in concurrent filing is that the 140 was never approved. in such a case there would not be basis for 485.
check once again if the 140 has been approved or denied after RFE.
Most people advise not to go on ead if the 140 has not been approved because the downstream elements get left in a lurch.
Denials of 485 are not that common. they are seen if 140 is revoked or other problems at that stage. I have seen people without jobs also getting approved.
Good luck,
 
NIW denials are actually pretty common and much higher than NIW approvals. Most lawyers discourage these filings since they are so closely scrutinized and hard to make a case.
 
This is scary news. I hope that BCIS has done it mistakenly and you will be able to stay here. Wish you good luck.
Edison, can we add this case to the testimonials in the petition to show the poor customer service and the problems caused by processing delays and the resulting uncertainities ?
 
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hydbad,
We would like to include your story in our petition to USCIS and US. Congress. Please let us know.
 
NIW

Hello,

It is unfortunately true that USCIS puts extraordinary scrutiny in EB1/NIW cases. This is their service to the Nation. If you could make an argument for national Security, you can get approved. Today, immigration cares mostly about security and not really any other NIW case, otherwise they would not put so much examination into these cases. Your options.
1: Talk to a good lawyer (Motion to reopen, Appeals, etc). Did you get any Notice for Intend to Deny? Did USCIS followed proper procedures? Timewise?
2: Maybe you can refile under a different category such as EB2/NIW ..maybe you need LC in this case, company sponsor and a job offer.
3: Examine a past class action suit on denied I-140s and see if you can fit the bill.

Could you please, post more details, like job, field, degrees, past visas.
 
There might be some mistakes. NIW is self sponsored, so there is a very little chance of getting denial at the I-485 satges. It does not have anything like I-140 revoked, 180 days rule (unless you change job in a different field). But there is very high chance of getting transfer. Talk to a lawyer and apply for a EAD again. Just my thinking.

fikabir
 
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fikabir is right

correction for waytoolong....did you mean NIW 140..then that is true and there is very less chances for approval compared to others. But hydbad was talking about 485. Like fikabir said ..NIW 485 or EB1-EA have very less chances for problems because they are self-sponsored UNLESS if the 140 was never approved in the first place (quite common scenario when concurrent filing is done).
Cinta- NIW is an EB2 category.
 
I called INS Vermont center yesterday about my I-140 and she said that it is still under process and wanted to check back again in the middle of October, because it is taking 15 months to process this kind of cases. Because it is not employment based petition, the question of employer revoking the I-140 does not arise. I still haven't received any notification of my 485 denial and I don't know on what basis it got denied. I have a Ph.D in Genetics and I work in Neurology in Children's Hospital. I haven't changed my job since I applied for GC.

Do you think that there is a possibility INS had made a mistake and send me the EAD denial eventhough the website and the people at the INS center say that my applications are still under process?
 
Originally posted by hydbad
I called INS Vermont center yesterday about my I-140 and she said that it is still under process and wanted to check back again in the middle of October, because it is taking 15 months to process this kind of cases. Because it is not employment based petition, the question of employer revoking the I-140 does not arise. I still haven't received any notification of my 485 denial and I don't know on what basis it got denied. I have a Ph.D in Genetics and I work in Neurology in Children's Hospital. I haven't changed my job since I applied for GC.

Do you think that there is a possibility INS had made a mistake and send me the EAD denial eventhough the website and the people at the INS center say that my applications are still under process?
Click to expand...

Hopefully is a mistake..can always be with USCIS these days..hopefully you were not discriminated either on any basis..national origin, etc

In any case, you can study the EA, NIW saga from different websites (I am not a murthy fan but she claims to be an expert??)

http://www.murthy.com/arc_uds/UDinsinc.html
http://www.murthy.com/UDbizar.html
http://www.murthy.com/arc_uds/UDniwg.html
http://www.murthy.com/arc_uds/UDexplan.html
http://www.murthy.com/UDaaoniw.html
http://www.murthy.com/niw.html
http://www.murthy.com/arc_uds/UDinsnys.html
http://www.murthy.com/UDsoftec.html
http://www.murthy.com/arc_uds/UDniwphy.html
http://www.murthy.com/arc_uds/UDniwnor.html
http://www.murthy.com/arc_uds/UDsilver.html
http://www.murthy.com/arc_uds/UDniwpet.html
 
hydbad,

NIW is an employment based-EB-2 category, but don't need employer sponsored. Altough, it does not require employment letter but it is always advisable to submit employment letter to show that you are working in the area of your NIW field and you are also capable of supporting yourself and your family (if any).

I belive they made a mistake for your EAD denial.


fikabir
 
NIW

Now-a-days, they are very strict about EB1(EA) and NIW.
One of friends (Ph.d from tennesse) applied NIW in 2001 and got rejected in 2002. Now, he has applied again through normal route (LC). Basis of rejection is very vague. It depends on luck and the officer. One of my other friends applied I-140 & 485 through NIW in Dec 2002. He did not hear anything. Just after submitting I-485, he has joined to another company with new HIB
visa. Please try to see, what is the basis of denial and then proceed after talking with good lawyer. Some lawyer is expert in dealing with NIW/EB1(EA) cases. Wish you all the best.
Thanks
 
Try to talk to 2nd tier Immigration Information officers and find out the real reason for denial.
 
I did talk to a 2nd tier immigration officer and she asked me to write a letter inquiring about I-485. I sent a letter and waiting patiently (had to) for them to reply (what a wishful thinking?).
 
Hi hydbad ,

Once 485 is denied you have 30 days to file for motion to reopen. But in your case you have not received 485 denial so no question of filing MTR. Talk to your senator office, probably they might help you.

Best of luck.
Joyin55
 
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