485 Denied Please HELP

asd321

New Member
485 Denied Please HELP
Hi My 485 was denied saying i did not attend my 2nd FP

2nd FP was scheduled on 30th Nov 2004 and i sent a reschedule notice on 19 Nov 2004 (New Ark, N Office ) but never got it again.
I followed up twice but no reply.

Now I have received 485 denial saying did not go to 2nd FP on 30th Nov.

PLEASe HELP What can be done.

If I file MTR how long it takes ? And anythng special to do for my wifes case as her was also denied as my case was denied. This is my lasy tear of H1 I am .....
Also the Notice Says "THERE IS NO APPEAL TO THIS DECESION' sO WILL MTR WORTK aNY eXPEREIENCES PLEASE SHARE PLEASE HELP
PLEASe HELP ! Any inputs and help will be Appreicated.

-Thanks
 
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Have your atttorney file an MTR immediately with a copy of FP reschedule request and copies of your inquiries (hope he/you kept a copy). If you file MTR with valid documentation etc, they will reopen the case. You might also (in addition to a separate MTR) consider filing a new 485 mentioning that the previous one was erroneously denied (giving valid reason) and that you are re-filing in interest of time. Dunno when things might be adjudicated, but you will atleast continue to have valid status beyond your H1 once your 485 (MTR) case is re-opened and/or new 485 is filed.
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personal non-legal opinion only
 
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Sorry for hearing that. Gather all ducuments which can prove that you rescheduled 2nd FP ,and file MTR as soon as possible.

I am not sure how long it takes though. Don't panic, but act as fast as you can...
 
asd321 said:
2nd FP was scheduled on 30th Nov 2004 and i sent a reschedule notice on 19 Nov 2004 (New Ark, N Office ) but never got it again.
I followed up twice but no reply.

Did you mail reschedule notice in certified post? If so, that receipt is good enough for MTR. That's a sure shot.
If not, then you need to find other means to prove that you requested for reschedule. How did you try to "follow up"? If by phone, try to get call record from your bill.

If you don't have anything, just write a plain letter mentioning that you requested for FP reschedule. Using that letter, request for MTR. In letter be very specific about dates - e.g. when you mailed back the notice for rescheduling, what are the dates you "followed up" etc.
 
rdip said:
Have your atttorney file an MTR immediately with a copy of FP reschedule request and copies of your inquiries (hope he/you kept a copy). If you file MTR with valid documentation etc, they will reopen the case. You might also (in addition to a separate MTR) consider filing a new 485 mentioning that the previous one was erroneously denied (giving valid reason) and that you are re-filing in interest of time. Dunno when things might be adjudicated, but you will atleast continue to have valid status beyond your H1 once your 485 (MTR) case is re-opened and/or new 485 is filed.
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personal non-legal opinion only

Yes I do have all receipots and copies so...

Also can you throw light on new 485

I was i company A which filed my labor 140 and 485 and after 6+ monthe after filing 485 i joined Company B. In this case can i use the labor and 140.
Anyobne please throw light.... All Help Appreciated. !!!
 
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