485 denied

G

gcera

New Member
Hi Guys,


Anybody please through some light on my case.

I got denied based on the rule
' TItle8,Code of federal regulations, Part 245.2(a)2(i) '

In my letter it also states that the regulations do not provide for an appeal from this decision.

Case details.

I am curently working on Company A and applied greencard through COmpany B and now I got my 485 denied beacuse of the above rule which states that a visa must be immediately available.
I am in deeepp trouble, please help me out guys .

Note: Please let me know if you need any more information for you to give opinion in my case.
 
Can you explain what do you mean by visa must be immediately available? What visa are you on now?
 
Can you please type the text of the letter "verbatim" here, if you don't mind?

That might allow some of us to look up the references and suggest something.

Thanks.
 
I guess your 140 is revoked or not yet approved or you might have been out of status for a while. You can file for motion to reopen your case. All the best.
 
It looks like you have been out od status in the past. I don't know what to say, but if you have the provision of filling a motion, you should give a better description of your stay here(should demonstarte continious legal stay).

I would recommend to consult good Immg. lawyer, Rajiv Khanna or Sheela Murthy.

I feel sorry for you and hope & pray for good turnaround for you.

glb.
 
I feel sorry.

Can you please provide Your ND and RD. When did you apply for I-140? What is the status of I-140?
 
now I got my 485 denied beacuse of the above rule which states that a visa must be immediately available.
Click to expand...

This sometimes happens in family based categories where visas are limited by quotas and often there's a backlog. Currently, employment based visa quotas are current for all countries - so if this indeed is the reason for denial, it baffles me. When was your I-140 approved? Check its status...if it still says approved, then this denial looks like an error. Your attorney must pursue it further.

Best wishes.
 
when did u apply your 485. If you are under employment category then it seems your 485 was filed when the VISA dates were not current. VISA dates became current in july/august2001 or little latter. So if you EB category was not current at the time of filing it will be denied but you can refile your 485 again based on same 140 now.
I am not sure , if it was family base case then u will have to speak to some lawyer.
 
Thanks to all of you for your reply.

I came to know that my 140 is denied based on my comapny's abiltity to pay and that is the reason why I got my 485 denial automatically.

I am praying to god to have some turnaround in my case.


I have been applying to my GC for second time and first time I got laid off at 485.
 
options

If you >1 yr. time left for H-1 (if you are on H-1), and co. B or some other co. is ready to file a new LC, you have a chance.

Of course, the whole ordeal is painful, but we need to look to the future and what NEXt can be doen, rather than what happened 140 the salary mentioend in the LC does not seem to be the capacity for co. A to provide you as a salary, so I am assuming there is no way to re-file 140.

All the best,
 
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