485 Denied

G

GCRejected

Registered Users (C)
Hi,

My 485 got denied due to the I-140 revocation.

1) Got I-140 Approved From nebraska (June 2002)
2) Filed 485,EAD,AP from vermont (July 2002)
3) Got EAD and AP approved from vermont. (July 2002)
4) Company changed name, New I140 applied
5) New I-140 approved from nebraska
6) Applied EAD renewal in Vermont. (March 2003)
7) Got news that my EAD and 485 transfered to Nebraska. (April 2003)
8) Called lawyer he said my 485 denied due to some I-140 Problem. (The old I-140 got revoked and the New I-140 was not linked to 485 application). Laywer is gonna file the motion. It is INS mistake but don't know how long will it take to clarify all these.

The online status indicates that my 485 was received in April 2003, previouly it used to say July 2002.

Questions
1) Information about any case transfered from Vermount to Nebraska.
2) If Denied does the online status ever get updated?
3) Any denial case and what should be the next step after denial?

Any information about such case would be really helpful.

Thanks.
 
I am so sorry

to hear you are having a hard time... Obviously you have more pain than I do. I have few answers to your questions but I do know denied 485s are very rare.
 
First, make sure - what's denied. EAD renewal or I-485? If you filed your I-485 in July 2002, probably it's early for adjudication, especially so when NSC is not that fast. Also, you are getting a different message on AVM for I-485 status. What message do you get for EAD renewal status? Denials are updated online as "written decision was mailed on..."

Now, assuming that it's your I-485 that's denied, I think your lawyer is doing right by filing an MTR (motion to re-open). Another option is appeals but it takes too long and often the result is negative; while MTR is relatively faster and often positive especially in cases like yours where apparently it's an INS error (This is my personal and general observation only - I don't have enough statistics to prove it).

I assume you live within jurisdiction of the VSC. Probably your company's (sponsor of I-140) head-quarters are in Nebraska or your attorney lives in Nebraska and gave his address as your address. I don't know what else could be the reason for transfer.

MTR should rectify their error and bring you your GC (if rest of the paper-work is in order) but unfortunately, it will cost you un-necessary loss of time and nerves.

Good luck.

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Last edited by a moderator:
Hi Jigesh

Hi Jigesh

EAD Renewal is not denied, the status says it has been transfered to Nebraska.
485 Denied (Lawyer got INS statement)

AVM still says that 485 filed in July2002 and Finger Printing done in September 2003 and EAD applied in March 2003

Online Status says 485 applied in April 2003 and EAD transfered to Lincoln (Nebraska) in April

Yes, I live within jurisdiction of the VSC, But Sponsor company and Lawyer in Nebraska.

Yes it has cost of loss of time and nerves. Don't know what's gonna happen.
 
Hello GCRejected,
your atterney filed for new I-140 or Amended I-140? I remember Some one telling me 'You can not have two I-140 for adjustment of status. If you want to that Apply second I-140 apply with CP option'. I do not know how much true it is.
 
This situation alerted me a bit..

Hi All,

My case is little bit different. I used to work for X company and got Labor approved by x company and filed for I-140 by X company. Meanwhile Y company bought our group (not the whole company) and amended I-140 filed by Y company. I got RFE regarding the credibility of processing I-140 in EB2 category and replied. This I-140 filed by X company is pending for the past two years. Meanwhile I got amended I-140 approval in July 2002 and filed for I-485 in August 2002.

Both my EAD and Ap were approved in the late August 2002 itself, and again applying for extension in this week.

Do I need to pursue for the I-140 filed by X company? Is the pending status of I-140 delays the processing of my case? Ofcourse in the current phase it may take a year to year and half to get my case to work on...

Your suggestions are greatly appreciated
 
GCRejected: Any update on you case?

GCRejected:

Any update on your MTR case?

My case is exactly like yours?

I am aslo from VSC

Please update
 
Originally posted by dengdeng
can you check online if your 140 is revoked or not? anyone know
Click to expand...


Yes you can - the online status will say revoked if the I140 has been cancelled or revoked (even after approval).
 
Any idea why you filed from different centres ? why create additional confusion if you can avoid it ? As it is we are not dealing with very friendly orgn.. Minimize brain damage to them. There is a big thread in which Anamica's case has been discussed. I think her case is similar to yours without change in centers issue. I140 revoked and company problem . Pl take a moment to follow that thread. i think they also filed the Motion.
 
Rfellow: Thanks ..

Rfellow:

Thanks for your concern on us..

I keep asking GCrejected on update .. but s/he not responding..

I am very desperate to know the update on his/him case..

Because my case is similar to that case and same Service Center
 
Anamica,
I am sure he must have some genuine reason for not responding. In any case you have already filed your petition and have to do the painful part of waiting. If you are very anxious, I would advise applying for Canadian PR also just as an option. It costs you about $600 to $1000 but helps you wait for your US PR with a little bit less frustration as you atleast hope you are in queue for a neighbouring country PR. That might take a year and half , I am told. If you get US PR $ 600 is down the drain . Otherwise, an option you created and saves you time. Just an advise. ON a different note
I think you should get your US PR. From what I read, your case sounds fine to me. Only you have to wait.
 
To those people who are wondering why the user 'GCRejected'
is not responding : Please apply some commonsense. What makes you think that every one visits this board every hour on
every day ??? You just posted a question today and started wondering why he is not responding.
 
Hi, GCRejected,

I was wondering if you are working for the same company located in two different states ? where?
 
Hi,

Lost My ID so created a new one Joyin55.

My Company is not loacted in 2 states. It is located in NSC and the place I work as a Contractor is in VSC.

Status:

Appplied MTR(MOTIC) in May. Its been 2 1/2 months still awaiting decision.

Bye
Joyin55(GCRejected)
 
Hi,

Can we create a new Thread in I-485 Issues--> 485 Denied Issues.

So that we can have a common place for all centers 485 Denied issues for people such as longgc, Anamica, myself etc.

How to create such a Link??

Joyin55 (GCRejected)
 
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