485 denied - since when 180 day period starts

physionj said:
EricS,
Thanks for your reply. That was detailed response. Thanks!

Is my MTR considered abandoned if I leave the country?
Click to expand...

I think MTR processing should keep going on fine while you are out, but not sure. Here is the issue.
If you had your H4 intact, then no issues, you can go out of country and your MTR can keep processing. Since you do not have your H4 or paroled status currently, I do not know how your leaving the country will effect your pending MTR.
 
First you have to find out - your MTR is worth. So for we do not know , why your I 140 was denied. If i 140 was denied with merit, no way MTR going to help you ,other than your attorney pocket out some more money from you for nothing.



physionj said:
great guru,
I have made arrangements to leave country already. I will be leaving soon to get H4.
All I was trying to find out is, is there a way I can salvage my pending MTR. I was told that it will be considered abandoned once i leave the country.
I would appreciate if you can share any information on this.
Click to expand...
 
great guru,
See post # 21.

It got rejected because I did not have my state PT license at the time of applying to I140. However, I had license from another state and I was eliigible for my employer's state as well. I had even sent response from state board stating that they are processing my application.
--
 
Eric S, Great Guru and others,
I need your advice. At present, I am out of the country and scheduled for H4 visa interview. I just received emails from USCIS saying that my I140 is approved. For I485 application, there is a LUD, but no update. Once I get H4, I plan to get back to US. Since I left the country, what will happen to these cases of mine. Will my 140/485 cases be considered abandonded? Is there anything I can do once I get back?
I am hoping that atleast my 140 should be considered since it does not really need a person to be in US.
Please advice.
 
Last edited by a moderator:
I am updating this post for the benefit of people like me who may stumbled on this post in future. Please follow the discussion above. Basically, one needs to make sure that he/she gets non-immigrant visa before the end of 180 days. In my case, I was able to get H4 successfully. My I140 also got re-opened and approved.
Thanks for everyone's help.
 
physionj said:
I am updating this post for the benefit of people like me who may stumbled on this post in future. Please follow the discussion above. Basically, one needs to make sure that he/she gets non-immigrant visa before the end of 180 days. In my case, I was able to get H4 successfully. My I140 also got re-opened and approved.
Thanks for everyone's help.
Click to expand...

Congratulations! When are you coming back?
Just enter with your H4 and everything else should process correctly. I do not think you need to do anything special.
 
Eric S,
Thanks!
I am comign back Saturday.

I talked to my lawyer. He said my I485 is also re-opened and I dont need to apply for 485 also. On USCIS online case status web site though, there is only LUD for 485, but no status change. Is this possible?
 
physionj said:
Eric S,
Thanks!
I am comign back Saturday.

I talked to my lawyer. He said my I485 is also re-opened and I dont need to apply for 485 also. On USCIS online case status web site though, there is only LUD for 485, but no status change. Is this possible?
Click to expand...

Yes, very much possible. When 140 reopens, 485 also reopens automatically, because 485 was denied only because of 140 and not due to 485 itself. In some cases you need to followup with USCIS or even file another MTR to get 485 reopened. The LUD indicates that some one touched this case. They may have looked at the 485 while approvong your 140. The message on 485 should change to re-opened and processing resumed, it may take some time (up to a month may be). Otherwise followup with USCIS.
 
You must log in or register to reply here.
Top