485 Denied. Motion to Reopen the case

Re: Jaxen

Hi longGC,

Since MTR takes long time as well and it does not necessrarily get adjusted eventually, I think you might want to consider filing Labor Certificate from your new company again, at least as a back up. I am not sure if it is possible to do so while your H1 has expired. but thinking people can do multiple I140s at the same time, it might not be prohibited by law. It is definately a pain to go through the whole thing again, but once you have LC, you can enter I140-I485 shelter for a long time. Or, if you qualify, you can file I140 NIW and 485 now. Just a thought.



Originally posted by longGC
The details of my case with dates in chronological order are,

TSC
RD May 01
ND Jul 01
FP Apr 03
Denial Jun 03

Thanks.
 
Long GC

I don't know how much you can trust me, but you must have tried every thing, every technical or spiritual thing. So, why not one more, right? What's the harm in trying? I have ben doing it for last 8.5 years now and getting benefits one after the another and initially I tested it too. Please call me at 972/333-7092, when you have a chance.

Jaideep
 
485 denied after I140 withdrew

I changed my employment after my Form I-485 had been pending 180 days, and provided Nebraska Service Center with timely notification of change of employment according to AC21 by my current attorney. But my FORMER employer withdrew my approved I-140 immigrant visa petition in order to substitute another employee into my approved labor certification. As a result, the CIS Nebraska Service Center denied my I-485 adjustment application on March 1, 2005 without first issuing a Notice of Intent to Deny (NOID).The NSC issued this denial to my former attorney although my current attorney had submitted Form G28 Notice of Entry of Appearance, and have since successfully obtained EAD and AP extensions for me. And now we have already filed MTR within 30 days time limit. I also like to mention that CIS online status indicates that my I-140 is still approved, my I-485 adjustment application is still pending, and my I-765 is still valid.

I do not have a copy of 485 Denial NSC sent the copy to my Former Employer. I called so many times, he sent only first page of 485 Denial Notice and he said the remaining papers all are irrrevelant to your case, I need not worry about that.
II40 Approved March 2004
485 ND Oct 2003
EAD/AP AD Aug 2004
485 Denied March 2005
MTR Filed 29 March 2005
MTR Not opened yet..

Has anybody faced the same situation like me?
 
Long GC

Hi, Long GC, file MTR as soon as possible. If you can not handle it all by yourself, find an attoney quickly, making sure you turn in the MTR file within 30 days. Another way, there seems to be an option on 1-800-375-5283 that you may talk to an officer about one denied case. I am not sure if it is a working idea. Maybe other guys here can talk more about it. Best of luck!
 
nscmtr said:
I changed my employment after my Form I-485 had been pending 180 days, and provided Nebraska Service Center with timely notification of change of employment according to AC21 by my current attorney. But my FORMER employer withdrew my approved I-140 immigrant visa petition in order to substitute another employee into my approved labor certification. As a result, the CIS Nebraska Service Center denied my I-485 adjustment application on March 1, 2005 without first issuing a Notice of Intent to Deny (NOID).The NSC issued this denial to my former attorney although my current attorney had submitted Form G28 Notice of Entry of Appearance, and have since successfully obtained EAD and AP extensions for me. And now we have already filed MTR within 30 days time limit. I also like to mention that CIS online status indicates that my I-140 is still approved, my I-485 adjustment application is still pending, and my I-765 is still valid.

I do not have a copy of 485 Denial NSC sent the copy to my Former Employer. I called so many times, he sent only first page of 485 Denial Notice and he said the remaining papers all are irrrevelant to your case, I need not worry about that.
II40 Approved March 2004
485 ND Oct 2003
EAD/AP AD Aug 2004
485 Denied March 2005
MTR Filed 29 March 2005
MTR Not opened yet..

Has anybody faced the same situation like me?
When did you change your employment (date)? Did you change your employment before or after your I-140 gets approved? Do you know how your attorney appeals the denial?
 
Top