485 Denied - Pls Help !!!!
- Thread starter sanz72
- Start date
I am planning to do exactly the same. I have not yet tipped my employer but have already filed for an H1B transfer. I guess I will send him an email over the weekend that starting next week I am no longer working for you. He picked up a fat check of $15,000 from me anticipating that I was going to that but I got a contract signed stating that he will not cancel my GC if I leave him after June 15th, 2005.
It appears that he might not do anything since he has been compensated well to keep his mouth shut but then its hard to trust anyone. I was planning on threatening him with a lawsuit. I already have an attorney assigned on this case who is ready to fight it on a contingency basis. I am pretty sure that if I threaten him, I might get my money back maybe but definitely he will withdraw the 140 which will instigate the USCIS to deny my 485. The only issue is that whether do they send NOID or do they immediately deny. The former is handled with AC21 and the latter needs a MTR with AC21 evidence. I am not sure what I should do.
It appears that he might not do anything since he has been compensated well to keep his mouth shut but then its hard to trust anyone. I was planning on threatening him with a lawsuit. I already have an attorney assigned on this case who is ready to fight it on a contingency basis. I am pretty sure that if I threaten him, I might get my money back maybe but definitely he will withdraw the 140 which will instigate the USCIS to deny my 485. The only issue is that whether do they send NOID or do they immediately deny. The former is handled with AC21 and the latter needs a MTR with AC21 evidence. I am not sure what I should do.
be_positive
Registered Users (C)
Yet another 485 denied
It looks like new trend has been set by Sanz72 and I am following it. Today I got a notice of denial (not NOID/RFE) following a possible revokation of an approved I140. I switched my job after approval of 140 and 9 months of 485 filing. My previous employer says they have not revoked it. I do have good relations but not sure if something else triggered it. Planning to contact an attorney tomorrow. Would I be able to use my EAD? any one has any clue ? can I switch back to H1 ?
I got a little bit of comfort after seeing a couple of outright denials before mine. I will share my experience in the next few days.
It looks like new trend has been set by Sanz72 and I am following it.
Today I got a notice of denial (not NOID/RFE) following a possible revokation of an approved I140. I switched my job after approval of 140 and 9 months of 485 filing. My previous employer says they have not revoked it. I do have good relations but not sure if something else triggered it. Planning to contact an attorney tomorrow. Would I be able to use my EAD? any one has any clue ? can I switch back to H1 ?I got a little bit of comfort after seeing a couple of outright denials before mine. I will share my experience in the next few days.
Are you sure your employer did not withdraw your 140 to reuse your LC? This is very wierd with the USCIS sending denial notices without 140 revokation. In any case, they are always required to send a NOID even if 140 is revoked? MTR is generally the last resort and it could not be accepted too unless AC21 is quite evident.
be_positive said:It looks like new trend has been set by Sanz72 and I am following it.
I got a little bit of comfort after seeing a couple of outright denials before mine. I will share my experience in the next few days.
be_positive
Registered Users (C)
sjetly said:Are you sure your employer did not withdraw your 140 to reuse your LC? This is very wierd with the USCIS sending denial notices without 140 revokation. In any case, they are always required to send a NOID even if 140 is revoked? MTR is generally the last resort and it could not be accepted too unless AC21 is quite evident.
They may have done it implicitly, meaning they do send at regular intervals about who is on payroll and who is not kind of information. Surprisingly I got the email just 2 days before saying action on withdrawl of 140 is complete.....
But as GC is for future job, being or not being on payroll should not matter. Only explicit withdrawal or revocation of 140 should matter. Isn't that so? And with AC21 in effect should they not send NOID or RFE to verify even if 140 is revoked when 485 has been pending for more than 180 days?
be_positive
Registered Users (C)
usha03 said:
For reasonably thinking people yes I should have gotten an RFE/NOID. But it appears USCIS chose to be unreasonable this time inspite of very favorable guidelines issued in May allowing people to work for their own companies.
liangliang
Registered Users (C)
Which service center?
Sanz72:
Which service center you are in? VSC?
Sanz72:
Which service center you are in? VSC?
be_positive
Registered Users (C)
liangliang said:
Mine is in VSC.
Labor PD Feb 2002
I140 Apr 2004 AD Aug 2004
switched job in March 2005 on EAD.
Filed renewal of EAD in May 2005. FingerPrinted EAD June 2005.
I485 May 2004 Denial 6/13/2005
be_positive
Registered Users (C)
Sanz72,
do you know if I could use EAD atleast till the expiration. Could you share your experience with a little more detail . My email is srinivasmeka@yahoo.com
thanks a lot.
do you know if I could use EAD atleast till the expiration. Could you share your experience with a little more detail . My email is srinivasmeka@yahoo.com
thanks a lot.
be_positive
Registered Users (C)
Once we use EAD can we switch back to H1B. I thought we couldnt.sjetly said:
be_positive said:
Hi Srinivas,
It all depends on your Employer. If they are okay with you using your current EAD (assuming it has not expired yet), you can continue to work. Some Employers(e.g. mine) are okay with it, some aren't(e.g. VinGC's Employer) , That is the reason you continue to hear conflicting opinions on this one.
If you ask your or any Lawyer, he/she is not likely to give you a definitive answer and will basically throw the ball in Employer's court (My Lawyer did so in my case, Fortunately my Employer has allowed me to continue to work).
Next up, once you have filed an MTR and based on that pending MTR apply for a renewal of your EAD, It is very likely that your Renewal application will be denied(because your 485's status is 'denied', until the MTR is approved).
If your EAD renewal is denied, you wont be able to work after your current EAD expires. But Keep in mind that your Status in US will prefectly be LEGAL, so if you can financially supprt yourself & family until the Status Quo changes, You can stay here without actually becoming out of status. Remember, during this pereiod you shouldn't go out of country. (This is what my Law Firm has to say and they are one of the top Corporate Immigration Lawyers in the country) .Also If you are currently on H1, then you can continue to work and keep renewing it.
Another advice from me would be is - the moment you file your MTR, contact your Congressman's office, explain your case and request them to follow up your MTR. This will probably help you in getting your MTR opened and put your 485 back to 'pending' status just incase you have to file for EAD/AP renewal.
Hope that information helps. Let me know if you need any clarification on the above.
PS :- The Answer to your question is :- As far as my experience in this matter goes, It is perfectly LEGAL to work on your current EAD.
sjetly said:
Sjetly, Once you are in the US, you do not need to wait for the Quota to Open(Cap doesn't apply in your case) and can apply for the H1B any time.
But the problem with that would be is that such(EAD to H1B Status ) H1B approvals dont come with I-94 attached with them and you will need to go out of USA to get your Passport stamped to actually start working. And this involves a great deal of risk, If the Visa issuing officer finds out that you have an 'Adjustment Status' pending in US, there is a good chance that your H1 will be denied and you wont be able to Enter the country(US) again.
So before doing such step ask yourself, are you willing to take that risk right now ?
be_positive
Registered Users (C)
sanz72 said:
Thaks a lot for sharing your information. How long did you take to file your MTR? I have been trying to get in touch with anyone from Sheela Murthy's Office but so far no luck. It looks like it will take another 2-3 business days.
Sanz,
As per my attorney and my knowledge, if you plan to do a new H1B, it always applies against the quota and does not depend on the fact that you are in the US or not. In case of an H1B tranfer, the quota is not taken into account.
Yes, I had a friend who got laid off and got a job several months later on and had to get the new H1B done with stamping outside the US before he could start working for the new employer. But every new H1B is cap subject. Let me know if this is correct.
As per my attorney and my knowledge, if you plan to do a new H1B, it always applies against the quota and does not depend on the fact that you are in the US or not. In case of an H1B tranfer, the quota is not taken into account.
Yes, I had a friend who got laid off and got a job several months later on and had to get the new H1B done with stamping outside the US before he could start working for the new employer. But every new H1B is cap subject. Let me know if this is correct.
sanz72 said: