485 denied - since when 180 day period starts

EricS,

Thanks. 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.
Anyways! now I do have it with me. so hopefully I should be ok.
Is there anything I can do to avoid the RFE for legal stay? What can I do in that regards?
I would appreciate if you can suggest me anything that I need to do better support my case?
Do I need to send copies of MTR, notice of rejection etc.? Shall I sent a letter from my employer?

Thanks!
 
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Great Guru/EricS and other experts,

Do you guys recommend filing I140 wtih premium processing?
If my I140 gets approved, will I get back my status? I don't have visa screening cerificate yet. Do they normally ask for VS during I140 or during I485?

Will pending I140/485 is considered a "status"??

Please advice.
 
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Sorry, I do not have any suggestions for you regarding your out of status question. You should consult with a good immigration attorney regarding that.

IMO:
You should apply 140 in premium processing.
Even if 140 is approved, it does not give you any legal status.
Pending 485 gives you legal status and allow you to stay (and work if you have EAD). But, if you are working on EAD and your 140 gets denied. Then lets say you file MTR. Now if MTR is accepted, say, in 4 months, then you are considered in status, but if it gets rejected, then you are considered out of status from the original date of denial of 140, not when MTR was rejected. That is what has hapened in your case.

I will suggest that before you spend more money/energy on filing new 140, consult with one (or more) good lawyer and see what they say about your being out of status and how it will effect your 485. See if you can somehow get back in H4 status before applying for 485.

Regarding visa screen, I do not know. I think there is a sub-forum specific to physicians, please search for that and you will get the answer.
 
Thanks!
One thing that I am still trying to figure out is, if I apply for I140/485 concurrently and get EAD again, do I still have to leave the country (before 180 days gets over from expiration of my H4 visa) to get H4 non-immigrant visa or can I then get it while being the country?

Does the answer to above question change if I have I140 approved and I485 pending?

Can Eric S, Great Guru or anyone else please comment?
 
This is my thinking, in order to apply for 485 (Adjustment of status), first you have to be in this country on a valid non-immigrant status. Your valid H4 will give you that, but currently you are not on valid H4, i.e. you are not on a valid non-immigrant status. Your new 485 application may be denied outright due to this reason. That is why I ask you to first get on a valid H4.
 
Hello PhysioNJ;
As long as you are here less than 180 days after I-485 rejection or H4 visa expiration you can apply for new 485. Most probably you MTR may open; because it seems a silly mistake. Any way you are eligible to apply under 245(k). Check with your attorney.
Please read this link: http://www.murthy.com/news/n_reoapp.html
 
If you are granfathered by 245(i) you no need to be on status to apply I 485, I 485 a (Supplement) and can pay fine $ 1000 to over come your out of status situation.


EricS said:
This is my thinking, in order to apply for 485 (Adjustment of status), first you have to be in this country on a valid non-immigrant status. Your valid H4 will give you that, but currently you are not on valid H4, i.e. you are not on a valid non-immigrant status. Your new 485 application may be denied outright due to this reason. That is why I ask you to first get on a valid H4.
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Thanks great guru!
245 i applies to cases filed before or on april 2001. correct?
Mine was after 2001. So I guess I am not in 245(i). I think I may come under 245(k).

great guru said:
If you are granfathered by 245(i) you no need to be on status to apply I 485, I 485 a (Supplement) and can pay fine $ 1000 to over come your out of status situation.
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Eric S, Great Guru, divyaz00z and other experts,
It sounds like retrogession is back.

I am planning to get H4 by going outside the country. I am told that if I leave country to get H4, my MTR for I140 and I485 will be considered abandoned. Is that correct? Does anyone has any idea?

Other question I have is, can I go to Canada to get H4. Or it is advisable to go to home country?

Please advice!
 
Eric S, Great Guru, divyaz00z and other experts,
It sounds like retrogession is back.

I am planning to get H4 by going outside the country. I am told that if I leave country to get H4, my MTR for I140 and I485 will be considered abandoned. Is that correct? Does anyone has any idea?

Other question I have is, can I go to Canada to get H4. Or it is advisable to go to home country?

Please advice!
 
Since retrogession is back and since concurrent I140/485 is not possible, does it make sense for me to apply for I140 only and as soon as I get the receipt go out of the country to get H4 and then come back on H4.
This way it may help me to apply for I485 later whenever it is current.

physionj said:
Eric S, Great Guru, divyaz00z and other experts,
It sounds like retrogession is back.

I am planning to get H4 by going outside the country. I am told that if I leave country to get H4, my MTR for I140 and I485 will be considered abandoned. Is that correct? Does anyone has any idea?

Other question I have is, can I go to Canada to get H4. Or it is advisable to go to home country?

Please advice!
Click to expand...
 
Can someone please reply soon?

physionj said:
Since retrogession is back and since concurrent I140/485 is not possible, does it make sense for me to apply for I140 only and as soon as I get the receipt go out of the country to get H4 and then come back on H4.
This way it may help me to apply for I485 later whenever it is current.
Click to expand...
 
1> If you wait too long to go out from US, you will be barred from coming back.
2> I do not see any reason why you should wait for the new 140 to be filed before going out to get H4, but if it is going to take only a few days, then you can do so. There is one issue, see #4 below.
3> It is good to go out, get H4 and come back. Then file for 140 and 485 once current.
4> If you want, you can apply for new 140 now. As you will not be working during this time (time when you apply 140 until you come back on H4, then apply 485 and get EAD and start working). So there may be ability to pay issues. If your employer is a big company and has good profit to overcome the A2P, then this is not an issue.

So consult with a good attorney and see what is the correct thing to do.
 
EricS,
Thanks for your reply. That was detailed response. Thanks!

Is my MTR considered abandoned if I leave the country?
 
Once your I 140 is denied, you do not have any pending immigration petition on behalf of you to get any benefit of EAD or AP. How did you expect that I 485 will be approved after I 140 denied in Jan 2007. Your case, you already paroled and your H4 status gone, unless you went back to new h4 petition .

But any case May 2007 is not a date for you to start 180 days count.

Instead of wasting your time in this forum, make your altrnate arrangements for worst case, as quickly as possible.
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physionj said:
My 140 was denied few months back and now 485 is denied. I am out of status since I don't have any other valid non-immigrant visa.

I have a questions to all Gurus here. Since when my 180 days limit start?
Here are the events on time scale:
1) Entered US on H4 two years back.
2) Last year applied for 485/140 and got EAD.
3) Started working on EAD last year.
4) Visited home country in Dec 2006 and entered US in jan 2007 using travel document (AP). Got new I -94 while entering. I-94 is valid till jan 2008. I-94 says paroled till Jan 2008.
5) I140 denied in Jan 2007
6) March 1st 2007 - old H4 expired (as on my passport).
7) I485 denied in may 2007.

Now, my question is my 180 days period starts from march 1st 2007 or from May 2007 when my 485 was denied?
I am getting conflicting opinions from lawyers. Most says 180 day period starts from May (485 denial) since I was paroled because of my travel document and pending 485.
But some say, it starts from March 1st since after 485 denial you go back to your previous non-immigrant visa status and if it is invalid, your 180 days period starts from that point.
What should I do? Please advice!
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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.


great guru said:
Once your I 140 is denied, you do not have any pending immigration petition on behalf of you to get any benefit of EAD or AP. How did you expect that I 485 will be approved after I 140 denied in Jan 2007. Your case, you already paroled and your H4 status gone, unless you went back to new h4 petition .

But any case May 2007 is not a date for you to start 180 days count.

Instead of wasting your time in this forum, make your altrnate arrangements for worst case, as quickly as possible.
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