485 Denied after AC21 and 140 Revocation

GCBabus said:
GreenCardVirus,
Last week I've received MOTIC receipt. How long it will take to reopen (In receipt say 30-60 days) MTR? Any good chances to get thru? Do they take the decision right away?

I'm on EAD and expires in other couple of months. Can I apply for renewal?

Awaithing for your reply...

Thanks in Advance
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I got a notice saying my case was reopened pretty quickly (VSC) in about 3 weeks. You can only apply for EAD after the case is reopened. You may be still be able to apply, but when the time of decision comes on EAD, if 485 is still not opened, they may deny the application.
 
EAD Renewal - MTR

Thank you, GreenCard Virus. When I apply for EAD Renewal, do I've to Include MOTIC Receipt? Any other documents/receipts to include?
 
GCBabus,

I have got few questions on your case since we all on the same boat.

1. Which service center your application is pending?
2. You said you got 485 denial even after replying to NOID?? What is the time gap between these two events (reply to NOID and Denial )

I also replied to NOID 3 months ago and nothing else happened after that.

Appreciate if you share your details.
 
GCBabus said:
Thank you, GreenCard Virus. When I apply for EAD Renewal, do I've to Include MOTIC Receipt? Any other documents/receipts to include?
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No, I dont think you need to. However, once you case is opened, you might want to include the notice that says case is re-opened.
 
GCdeewana said:
GCBabus,

I have got few questions on your case since we all on the same boat.

1. Which service center your application is pending?
2. You said you got 485 denial even after replying to NOID?? What is the time gap between these two events (reply to NOID and Denial )

I also replied to NOID 3 months ago and nothing else happened after that.

Appreciate if you share your details.
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I got RFE as my employer revoked my I-140 as I've moved to other company.
After that, I've filed AC21 and after 6 moths, I've received I-485 Denied letter from USCIS.

Again I've applied MTR and received MOTIC receipt last week.
 
GreenCardVirus said:
No, I dont think you need to. However, once you case is opened, you might want to include the notice that says case is re-opened.
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Thank You. Today I spoke to my Attorney, he asked me to include copy of MOTIC Receipt along with I-765 (EAD Renewal) documents. I'm in totally confusion stage.

Do I've to wait till they open my MTR Case to apply for EAD Renewal?

How you have done with your EAD Renewal???

Thanks in Advance,
 
GCBabus said:
Thank You. Today I spoke to my Attorney, he asked me to include copy of MOTIC Receipt along with I-765 (EAD Renewal) documents. I'm in totally confusion stage.

Do I've to wait till they open my MTR Case to apply for EAD Renewal?

How you have done with your EAD Renewal???

Thanks in Advance,
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I seriousely doubt if USCIS the capability to directly co-ordinate MOTICs and EAD's.

Anyways, there is always a first time. You can try doing that.

I was lucky not to hit EAD/AP problems, I had enough time on them. I just applied for EAD/AP and used Re-Open Notice to attach to the application.

If you run into problems, you can always try resolving it at a local office after 90 days of applying EAD.

Frankly I'd be concerned if EAD is being processed lby USCIS like in 6 weeks. But I guess all service centers are backed by 2.5 months or so for EAD. If your 485 is reopened by then, EAD process should go smoothly.

If I were you and I have like 4 months on my EAD still, I'd wait for 485 to reopen. Otherwise, I'd go ahead and apply.
 
GCBabus said:
I got RFE as my employer revoked my I-140 as I've moved to other company.
After that, I've filed AC21 and after 6 moths, I've received I-485 Denied letter from USCIS.

Again I've applied MTR and received MOTIC receipt last week.
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Did you get an RFE or Notice to intent to Deny (NOID which gives 32 days to reply with Employment verification ) your I-485?

When you replied this what was the online status message?

Which service Center your application is pending in?
 
As I have made a friend inside my Lawyer's office with family terms. So I get to have good discussions regarding issues and the kind of response his office is getting. I know a few things for a fact.

* First I140 needs to be reactivated or AC21 recognised, for I485 to be re-opened.
* EAD will be denied if I485 is not re-opened.
* If its more than 1 applicant on I485, for each one a seperate check of some $300+ should be sent. I know a case which was got objection by USCIS. Its considered seperate application.

I suggest and I choose that for myself as to wait until case is re-opened before I file for EAD. save the FEE.

BTW .. Its been 4 months I filled for (1) Appeal to re-approve I140 by my Ex-employer and (2) MOTIC for my I485.

APPEAL was recvd by USCIS 1/4/2006 .. LUD changed for the APPEAL for re-approve I140 was 3/6/2006 . No LUD on MOTIC .. No Notice to Lawyer. I am wondering wats gonna heppen and when.
 
Just for info:

After denial and re-opening, my latest applications for EAD and Advance Parole got approved.

However I am yet to receive my AP that was approved on May 8th.
 
Congrates..

GreenCard Virus, . Were u on H1 as ur back-up?

Can you please let me know if you were having H1 as ur
back-up or not, when your 485 got denied?
 
checkmate said:
GreenCard Virus, . Were u on H1 as ur back-up?

Can you please let me know if you were having H1 as ur
back-up or not, when your 485 got denied?
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No, I changed using AC21 on EAD alone. Whether I had H1 or not, it would'nt have mattered.

H1 will only help if something goes wrong with 485 application and will help only if to fix that wrong takes a long time. Also, you dont have to stop working if 485 is denied for any reason.

In my case, it took about 35 days for my case to be re-opened. My lawyer suggested me to keep working because it was USCIS error.
 
information needed

fast_gc_seeker said:
well, as soon as ur 485 is denied EAD is also automatically denied & is invalid. I believe that at present if u r working on EAD its illegal.

I suggest you stop working, consult an attorney to file MTR ASAP. Good Luck.
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If I understood correctly you filed two 485 own and job related. I just have two approved I 140 EB1 OR (filed by employer) and EB1 EA (filed by me). My employer will file I458 for me can I file another 485 at the same time for my own in case job related something unexpected happened in the future. My PD is current. Your response will be greatly appreciated.
Thanks :)
 
GCVirus.

Your story is a bit scary. I myself am thinking of using AC21. I work for a large US based co. who have a policy of not revoking 140 if an employee leaves after 6 months. What would you recommend in my case?

Also i see that your case is 2 years old and stuck in name check. Have you thought about bringing a lawsuit against uscis ( Writ of Mandamus)?
 
WhyThisDelay said:
GCVirus.

Your story is a bit scary. I myself am thinking of using AC21. I work for a large US based co. who have a policy of not revoking 140 if an employee leaves after 6 months. What would you recommend in my case?

Also i see that your case is 2 years old and stuck in name check. Have you thought about bringing a lawsuit against uscis ( Writ of Mandamus)?
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No, I am still waiting for NC clearance. I made an offcial inquiry last week so that I will get a letter about current status.

When I quit, I knew the possibility of 140 revocation and a 485 denial, but I took chances anyway because when I look at the legality of it, there was not a problem for me. There may or may not be some bumps in the path but eventually I believe things will work out as long as they are legal.

As for doing something about NC delay, I havent done anything about it. I'll wait for the USCIS letter and then go to Congressman/Senators office if it says NC still pending.
 
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GCV,

On my NC, went to Congresman and Snetor, without much avail. The best they can do is get you an update from FBI..

Hope better luck for you though..
 
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