485 Denied - Pls Help !!!!

S

sanz72

Registered Users (C)
Gurus, I need urgent help about my i-485 application denial. Please advise asap. Mine is an AC21 case. I filed my GS through Company 'A' and joined the Company B (which was a Client of 'A') after approx. 390 days. I joined Company B only after Company A promised me that they will continue my GC. Now it seems that they have revoked the I-140.

What should I do, I am on EAD and my 6 years are already over.

Thanks,

SZ.


Below is the letter I got from USCIS :-


"Dear Sir/Madam:
You filed Application to Register Residence or Adjust Status (Form i-485) under section of the Immigration and Nationality Act. Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:

Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediatedly available. If a visa would be immediately available unon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If immediate ealative petition filed for classification under section 201(b)(2)(A)(i) of the Act or a preference petition filed for classification under section 203(a0 of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which teh accompanying petition was filed.

The immigrant visa petition filed in your behalf by XXX Corporation was denied.

Absent evidence that you are entitled to any other immigrant classification, youe app. must be, and hereby is denied.

The regulations do not provide for an appeal from this decision."
 
sanz72 said:
Gurus, I need urgent help about my i-485 application denial. Please advise asap. Mine is an AC21 case. I filed my GS through Company 'A' and joined the Company B (which was a Client of 'A') after approx. 390 days. I joined Company B only after Company A promised me that they will continue my GC. Now it seems that they have revoked the I-140.

What should I do, I am on EAD and my 6 years are already over.

Thanks,

SZ.


Below is the letter I got from USCIS :-


"Dear Sir/Madam:
You filed Application to Register Residence or Adjust Status (Form i-485) under section of the Immigration and Nationality Act. Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:

Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediatedly available. If a visa would be immediately available unon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If immediate ealative petition filed for classification under section 201(b)(2)(A)(i) of the Act or a preference petition filed for classification under section 203(a0 of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which teh accompanying petition was filed.

The immigrant visa petition filed in your behalf by XXX Corporation was denied.

Absent evidence that you are entitled to any other immigrant classification, youe app. must be, and hereby is denied.

The regulations do not provide for an appeal from this decision."
Click to expand...


Looks like the I-140 was denied not revoked. Did you change the employer after your I-140 was approved or was it still pending??
 
Looks like the I-140 petition filed by your previous empployer was denied. You can invoke AC21 only if I-140 is approved.
There might be a case where USCIS requested more evidence from Company A and they did not respond.
 
hathwar said:
Looks like the I-140 was denied not revoked. Did you change the employer after your I-140 was approved or was it still pending??
Click to expand...

Hathwar is right, your 140 is denied and not revoked. You need to take immediate action to file a MTR on 140 to save your 140/485/EAD etc. Do not waste time, you only have 30 (may be 33) days to file the MTR (290B) from the date of denial of 140. Once you find out the reason for denial, post it here and we can help you. If it happens to be 'Ability to pay' issue, check the thread on 'Ability to Pay' by user UnitedNations in VSC 140 forum.

Best of Luck!
 
My I-140 filed by employer 'A' was approved, I still have the approval notice with me. I filed my 485 application only after the I-140 was approved. Company 'A' has never had an I-140 denied, they are a huge company and their 'Ability to Pay' can not be an issue.

Since mine was not a conncurrent Filing needless to say that I changed the Employer only after my 1-140 was approved (approx 390s after my 485 was filed)

United Nations/ Ginnu - Pls help.
 
sanz72 said:
My I-140 filed by employer 'A' was approved, I still have the approval notice with me. I filed my 485 application only after the I-140 was approved. Company 'A' has never had an I-140 denied, they are a huge company and their 'Ability to Pay' can not be an issue.

Since mine was not a conncurrent Filing needless to say that I changed the Employer only after my 1-140 was approved (approx 390s after my 485 was filed)

United Nations/ Ginnu - Pls help.
Click to expand...
This looks like service center error.

Ask your area senator to enquire. Recently a person known to me went through the similar situation. It was found that two A# were assigned to the same person. This was cleared after he contacted Senator's office as well as local office.

He is in Dallas TX. It might be similar error. Ask your attorney to talk to local senator or Congress member.
 
From your original post, it seems like your 140 was denied.
"The immigrant visa petition filed in your behalf by XXX Corporation was denied."

But as you have clarified that 140 was approved, I also think this is a service center mistake. As UN has suggested, submit AC21 letter and file an MTR, your 485 should be good.
 
unitednations said:
even though ac21 protects people if 140 is approved but 485 outstanding for more than 180 days; if uscis receives a revocation notice they are required by law to revoke the 140. It is upto you now to invoke ac21 in a motion to reopen the 485.

There have been many people who have gone through this. You should get an employment verification letter from your current employer, stating they are willing to hire you upon greencard approval, it is full time, job duties and title. You should then file a MTR along with quoting the various sections of ac21 law.

You shouldn't have any problems getting the 485 approved.
Click to expand...

Thank UN and everyone else. I have already spoken to my lawyer and she is preparing the papers for INS. Is there any particular list of documents which she should send to teh INS ?

Thanks,

SZ.
 
UnitedNations, Others please comment on this:

"If an applicant does not send the AC21 letter while changing jobs under AC21 regulations ( 485 pending for more than 6 months) and 140 is revoked by sponsor ( i.e it was approved already), USCIS will deny the 485 because they are not aware if the applicant indeed has used AC21."

Is the above statement correct ?

If yes, then I feel EVERYONE who wants to use AC21 to change jobs should ALWAYS send the AC21 letter and EVL to make sure that 485 is not denied for this reason.

Comments..
 
unitednations said:
some people who have gotten caught in this situation have actually proactively sent in ac21 documentation and still received NOID or denial. It looks like uscis adjudicators ignore it. After all, to get a 485 approved there has to be a valid 140 attached with it. Once there isn't a valid 140 (revoked), uscis will still send in the documentation. At that point lawyers have to mention that person is protected by ac21.

I'm of the opinion that if you proactively send in ac21 documentation it could slow down the process. if it happened to me, I would wait for RFE.
Click to expand...

True That. Mine is a March 2002 case, I(My Lawyer) proactively sent the AC21 documentation and we got our decision(Denial) in January 2005. Looks like INS not only ignored the AC21 documentation, but also it didn't send the NOID and straighaway denied my adjustment.

My only hope is the MTR, hoping they accept it.
 
unitednations said:
some people who have gotten caught in this situation have actually proactively sent in ac21 documentation and still received NOID or denial. It looks like uscis adjudicators ignore it. After all, to get a 485 approved there has to be a valid 140 attached with it. Once there isn't a valid 140 (revoked), uscis will still send in the documentation. At that point lawyers have to mention that person is protected by ac21.

I'm of the opinion that if you proactively send in ac21 documentation it could slow down the process. if it happened to me, I would wait for RFE.
Click to expand...
what about those AC-21 cases where previous employer dosent revoke 140?
does sending AC-21 letter proactively helps or dosent help?
 
unitednations said:
slows down the process. you aren't required to inform about ac21.

the pattern I have seen is that most people who get an RFE for ac21 is situations where they have transferred h-1b, let it expire, etc. it tips off uscis that you are working for a different employer and they want to verify that new job is same/similar.
Click to expand...
Thats exactly I wanted to do..ie transfer H1B and use AC-21....

some ppl say its safe to transfer H1B instead of using EAD as u can continue to transfer H1B even if ur 485 is denied or NOID..what do u think I should do for my AC-21 case which will happen soon.
 
sanz72,
Mine is also exact same situation. But mine was denied on Feb 2005. I have filed a MTR and got the cheque encashed by USCIS. Is there any update on your case? If I can contact you, please e-mail me your phone number to deevino@hotmail.com.
 
I guess,I'm also in same boat...

Hi ALL,
I moved to a new company after 20 months of my I-140 approval and 2 years of my I-485 pending.My old employer sent me email yesterday saying he revoked my I-140 as of 02/28/2005(my last work day in that company).I took up a new job start date 03/07/2005.
So I think I can also expect all the crap with NSC.
I changed my attorney,and he's preparing all the documents to be sent to NSC for AC-21 invocation.In the meantime I got my FP2 scheduled for 04/18/2005.ANd my 3rd EAD RD;02/23/2005.
I'm using EAD.H1's expired.

Thanks,
Abhi
 
Fast_gc_seeker,

Please clarify this for me. I

If you transfer your H1B, how does it become a Ac-21 case?

If I am getting a new job using Ac-21, then I have to use EAD. Am I right?

Thanks in advance.



fast_gc_seeker said:
Thats exactly I wanted to do..ie transfer H1B and use AC-21....

some ppl say its safe to transfer H1B instead of using EAD as u can continue to transfer H1B even if ur 485 is denied or NOID..what do u think I should do for my AC-21 case which will happen soon.
Click to expand...
 
h1 transfer = u changed jobs.

there for h1 transfer + pending 485 = ac21


july022004 said:
Fast_gc_seeker,

Please clarify this for me. I

If you transfer your H1B, how does it become a Ac-21 case?

If I am getting a new job using Ac-21, then I have to use EAD. Am I right?

Thanks in advance.
Click to expand...
 
Thanks for help

I also received a I485 denied letter yesterday. It is same as Sanz72. My case is also same as Sanz72. I will file MTR soon. The question is: can I apply for a new EAD with my MTR? Because my currently EAD will be expired soon.

Thanks!
 
u should have applied for EAD renewal 3-4 month ahead of the expiration of the current one. You cannot get EAD renewal based on MTR filing. However, if your MTR is re-opened and considered, then you might get it renewed.

btw, what is the reason of your 485 denial?


liangliang said:
I also received a I485 denied letter yesterday. It is same as Sanz72. My case is also same as Sanz72. I will file MTR soon. The question is: can I apply for a new EAD with my MTR? Because my currently EAD will be expired soon.

Thanks!
Click to expand...
 
485 Re-opened

In case this information is helpful for any one, our Case was re-opened after almost 4 & 1/2 months. In the mean time our EAD and AP applications were denied and then I finally decided to seek help from the Local Congressman and also faxed a letter to VSC requesting to expedite my case.

Dont know which one worked but at least It got the case opened and now I can re-file my EAD.

To all you guys have patience, I has holding my patience for almost 4-1/2
months ( I guess that's the longest I have seen for a 290A). Once again Thanks to Rajiv Khanna and Nadeem for their effort.
 
You must log in or register to reply here.
Top