485 denied : EB3 PD June 2002

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lostingc

Registered Users (C)
There was an NOID issued on August 16th to prove legal status between August 2002 and March 2003. The attorney sent the reponse on the last day of the deadline (September 16th). The service center returned the response back to the attorney saying a decision has already been taken. I don't know any further detail. I am pretty sure my 485 is already denied. Now the attorney is talking about opening MTR (based on some 33day rule for sending response). Also the attorney is suggesting filing H1s extension based on another labor pending since 2001. My last two H1s (to re-capture last couple of months of 6th year and the 7th year extension was denied due to attorney's fault, even the MTR was denied too). Now I don't know how the attorney is planning to apply for new H1 to get extension all the way through 9th year.

I have another question. Once the i-485 is denied. Does it invalidate the EAD too ? Can I still continue to work on EAD if MTR is filed on time ? How about applying for EAD renewal when the MTR is pending ?

Thanks for all the help and support I got from this forum.
 
We all feel sorry to hear about that. atleast some grace period should be granted. usually they do have tolerance policy.

Be hopeful, don't panic , if ur all docs fine and they deny(may God not happen), u have strong case. and the some dealy u may be facing, but u will be okay.

Sometime things doesn't go in life as we expect, there would be some reason, and God knows that, practice ur faith, be hopeful , and think in this way if G.C is written in your luck it would come and no one can stop it.

For current issue, atleast u prepare for MTR and wait for fheir final decision.
about EAD and MTR issue, I feel sorry to share , check this thread he is also insame situation and MTR/EAD reply is there from Murthy.

scroll it down and check it.

http://boards.immigration.com/showthread.php?t=189860


Ask ur attorney to find way to keep ur status and working.

Also express ur self to ur att (don't fight it won't worth) that becz his late reply u felt in this situation so atleast u get some $$ break.

wish u good luck , and we all remember u in our prays.

keep us update.
 
lostingc said:
There was an NOID issued on August 16th to prove legal status between August 2002 and March 2003. The attorney sent the reponse on the last day of the deadline (September 16th). The service center returned the response back to the attorney saying a decision has already been taken. I don't know any further detail. I am pretty sure my 485 is already denied. Now the attorney is talking about opening MTR (based on some 33day rule for sending response). Also the attorney is suggesting filing H1s extension based on another labor pending since 2001. My last two H1s (to re-capture last couple of months of 6th year and the 7th year extension was denied due to attorney's fault, even the MTR was denied too). Now I don't know how the attorney is planning to apply for new H1 to get extension all the way through 9th year.

I have another question. Once the i-485 is denied. Does it invalidate the EAD too ? Can I still continue to work on EAD if MTR is filed on time ? How about applying for EAD renewal when the MTR is pending ?

Thanks for all the help and support I got from this forum.
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You cannot prove your legal status from August 2002 to March 2003. So your I-485 was denied. What will your MTR be based? Ask your attorney.
 
POJ : Thanks for the great advice.

Compiler : My last H1 was expired on 8/28/02. To re-capture couple of months from 6th year limit, the attorney filed an H1 which was denied in January 03. In december 02, the attorney filed 7th year extension which was denied sometime around June 2003. 485 was filed on 23rd May which is within 180 days of rejection of first H1. This was what the attorney said in her response. But before even looking at the response the service centre returned the entire packet back with a cover letter saying a decision has already been taken (from the attorney's e-mail what I understand is that the response wasn't received by TSC on time...I don't know the exact wordings or contents of that letter). After my request, the attorney called the service center, the officer who the attorney spoke to suggested to send a fax. The attorney says it is going to take couple of days a fax can be sent. The MTR is going to be on the basis of why the TSC didn't accept the response. As per the attorney the response was sent on time (on the basis of some 33 day rule).

I made a mistake in my last note. TSC wanted evidence to prove legal status between August 2002 and May 2003 (not March 2003).
 
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When an EAD is revoked service has to send a notice.

Someway we have to be intimated by the service that the EAD is revoked.
485 denial doesn't automatically revoke the EAD.
I don't know about the EAD renewal.

Don't let your attorney to take his/her time. It is our case and not attorney's. Whatever you communicate with the service do it in writing mail/fax, even if you call the service.
 
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lostingc said:
POJ : Thanks for the great advice.

Compiler : My last H1 was expired on 8/28/02. To re-capture couple of months from 6th year limit, the attorney filed an H1 which was denied in January 03. In december 02, the attorney filed 7th year extension which was denied sometime around June 2003. 485 was filed on 23rd May which is within 180 days of rejection of first H1. This was what the attorney said in her response. But before even looking at the response the service centre returned the entire packet back with a cover letter saying a decision has already been taken (from the attorney's e-mail what I understand is that the response wasn't received by TSC on time...I don't know the exact wordings or contents of that letter). After my request, the attorney called the service center, the officer who the attorney spoke to suggested to send a fax. The attorney says it is going to take couple of days a fax can be sent. The MTR is going to be on the basis of why the TSC didn't accept the response. As per the attorney the response was sent on time (on the basis of some 33 day rule).

I made a mistake in my last note. TSC wanted evidence to prove legal status between August 2002 and May 2003 (not March 2003).
Click to expand...
So two H-1Bs were filed in 2002 but none of them got approved since your last H-1B expiration date 8/28/02. Then your I-485 was filed on 5/23/2003. TSC, however, denied your I-485 because you could not prove your legal status from 8/28/02 to 5/23/03. Now your attorney wants to file MTR for your I-485. But the failure of your I-485 is the consequence of the denial of your H-1B. You should have already fixed your H-1B before you do something on your I-485. What has the TSC done something wrong? Do you know it? Does your attorney know it? Have you ever appealed for your H-1B? If no, it may end. BTW, you may continue your EAD during your MTR pending but you may have problems to have it renewed though you can try.
 
So two H-1Bs were filed in 2002 but none of them got approved since your last H-1B expiration date 8/28/02. Then your I-485 was filed on 5/23/2003. TSC, however, denied your I-485 because you could not prove your legal status from 8/28/02 to 5/23/03.
lostingc : The document the attorney prepared in support of legal status was not received by TSC on time.

Now your attorney wants to file MTR for your I-485. But the failure of your I-485 is the consequence of the denial of your H-1B. You should have already fixed your H-1B before you do something on your I-485.
lostingc : The MTR for H1B was denied in March 2005 which I didn't know as the attorney never informed me. I suggested to re-apply H1 and but till date the attorney didn't do anything. I kept quiet after getting several assurance from my employer that the attorney knows exactly what needs to be done.

What has the TSC done something wrong? Do you know it? Does your attorney know it?
lostingc: I wouldn't blame TSC. Its all attorney's fault.

Have you ever appealed for your H-1B?
lostingc: Yes, In Feb 2003. It was denied in March 2005. For 7th year extension, nothing was done (don't know what the attorney had in mind).

If no, it may end. BTW, you may continue your EAD during your MTR pending but you may have problems to have it renewed though you can try.

Lostingc : Thanks for your response.
 
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