485 got denied – please, please help me

4

458-denied

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485 got DENIED – please, please help

Wife’s 485 got denied for missing finger print records.

My 485 got approved on May 2005 and got plastic card on July 2005. I am the primary applicant and case was file on EB2 category.
LC priority date is Jan 2002.

The bad news is that on May 2005 my wife’s 485 got denied saying that USCIS could not found her finger print records?

In fact she fingerprinted on March 2005. I verified with FBI, according to them they forwarded the FP records on the same day to USCIS.
Looks like system error caused the denial.

My attorney filed motion to reopen (MTR) on July 2005, with attached copy of FP stamped date.
After that there is no update on her case.

Now she is using EAD (I think which is no longer valid) which is going to expire soon (on Nov 2005).

I have following questions.

Gurus please can some answer my quotations. I really appreciate your help.


1. Do we get any receipt notice for MTR(motion to reopen)?

2 What is her legal status after filing MTR and all with this retrogression?

2. How do we know that her case got reopened or not?

3. Can we inquire at local USCIS office? or file a AILA inquiry?

4. Can we file her EAD extension (EAD going to expire on Nov 2005)?

5. Can we file new I-485 (no other legal status other then EAD) before September 30 2005?
 
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458-denied said:
Wife’s 485 got denied for missing finger print records.

My 485 got approved on May 2005 and got plastic card on July 2005. I am the primary applicant and case was file on EB2 category.
LC priority date is Jan 2002.

The bad news is that on May 2005 my wife’s 485 got denied saying that USCIS could not found her finger print records?

In fact she fingerprinted on March 2005. I verified with FBI, according to them they forwarded the FP records on the same day to USCIS.
Looks like system error caused the denial.

My attorney filed motion to reopen (MTR) on July 2005, with attached copy of FP stamped date.
After that there is no update on her case.

Now she is using EAD (I think which is no longer valid) which is going to expire soon (on Nov 2005).

I have following questions.

Gurus please can some answer my quotations. I really appreciate your help.


1. Do we get any receipt notice for MTR(motion to reopen)?

2 What is her legal status after filing MTR and all with this retrogression?

2. How do we know that her case got reopened or not?

3. Can we inquire at local USCIS office? or file a AILA inquiry?

4. Can we file her EAD extension (EAD going to expire on Nov 2005)?

5. Can we file new I-485 (no other legal status other then EAD) before September 30 2005?
Click to expand...

Dear Friend,

Relax , realx, Do not panic. You have abs strong case, u already have done FP which they claim 'no record' that is not ur fault. so don't worry and don't panic. everything will be fine.

about ur concersns and question of staus,ead filing. inquery..etc

I believe on MTR filing u would get receipt and estm processing time.

keep followup , once a person shared that even he filed MTR his EAD was approved. but that was pending EAD, not recalling exact situation.

You do not need to panic, her case is not going anywere they would either reissue FP, or would find FP resultes.

keep in touch with ur att, he would be the best person to tell about status and EAD renewal.

We will remember u in prays.

Good Luck
 
Can we file new I-485?

Thank you PrinceofJungle,

Denial notice has following description
“Notice of a fingerprint appointment scheduled for February 15 2005, was mailed to the applicant.
This office has no record that he/she appeared for fingerprinting as requested. Accordingly, this
Application is deemed abandoned and denied under 8 CFR 103.2(e)(3).
The decision on your application may not be appealed. However, you may file a motion to reopen,
In accordance with 8 CFR 103.5. This motion may be filed without a filing fee.
Denial of your application is without prejudice to the filing of a new application with a new fee.”


My attorney filed MTR on June 10th 2005 and so for we have not received any receipt for that.
Attorney did not use any form (like I-290 ) He filed a letter with attached proof of finger print stamping.
There is no filing fee added to it.

According to attorney’s legal assist we will not get any receipt if file MTR with just letter.
My concern is that right now we don not have any proof for filed MTR other then Fedex tracking number.

Is this correct procedure to file MTR??

Due to retrogression it may take years to reopen this case.
At that time if USCIS says that there is no MTR records found (just like that did for finger prints)
We will be in the big trouble.

My question is Can we file new I-485 before September 30 2005 (before retrogression starts) as a backup?

If we can able to file new I-485, we will get AP and EAD at least we will be at safer side.

Please advice me.
 
I485 closed

Hi, great sympathy to your case and want to know your current status.

My husband and I filed I485 at the same time and he got his GC and my case was Administritive close one week after. No approval, no disapproval even no close notice after fingerprints until I called the 1-800 number and got a response saying my case is closed. I checked with my local office and found my file has been sent to another local office where my old address belongs to.

1. How can we file a Motion To Reopen? Through the attorney or can we do it by ourselves?

2.can I still work using EAD?

Thanks!
 
Use this link , this is main thread link for all Service centers,

On right top there is a button search button 'Search this fourm' in blue background/white text.

Type in 'MTR FP'

u will see links in which ppl are similar situation, u may send them pvt msg, or post all four fourms '485 denid, MTR and Fingerprint' titile hope ppl will share their exp.

http://boards.immigration.com/forumdisplay.php?f=40


.......................................

Here are some more links , they all are different threads read all plz.

http://boards.immigration.com/showthread.php?t=182925&highlight=MTR+FP

This person was same in ur situation his name is 'crystalview'

http://boards.immigration.com/showthread.php?t=173832&highlight=MTR+FP


http://boards.immigration.com/showthread.php?t=166381&highlight=MTR+FP

http://boards.immigration.com/showthread.php?t=157556&highlight=MTR+FP


http://boards.immigration.com/showthread.php?t=133698&highlight=MTR+FP


After that all, u may also try Google serach engine by typing different combination of words

MTR filing
MTR procedure
immigration MTR filing
USCIS MTR
INS MTR



Wish u good luck
 
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passed MTR time limit

Thank you very much PrinceofJungle. Please do remember me in your prayers.

There is no notice for my case close, even not online. When I found it by calling 1-800, it already passed the MTR time limit. My attorney seems not concerned and did not responde to my MTR filing request.

The current local officer said he will move my file from my old local office to my new district office, does that mean a re-open? Should I wait for him or send a MTR right now?
 
Can I apply for H1B after 485 is closed

I am out of status because my I485 was closed. My non immigration status H4 expired 20 months ago. Can I apply for H1B? Please help!
 
ltr514 said:
Thank you very much PrinceofJungle. Please do remember me in your prayers.

There is no notice for my case close, even not online. When I found it by calling 1-800, it already passed the MTR time limit. My attorney seems not concerned and did not responde to my MTR filing request.

The current local officer said he will move my file from my old local office to my new district office, does that mean a re-open? Should I wait for him or send a MTR right now?
Click to expand...

I alway try my best to keep remember everyone in my prays. ofcourse I will remember u too.

Please refresh my memory, if I am missing somthing.

Are u waiting to FIle MTR?

or u filed already and attorney is not following ?

I am sorry but sometime there are so many similar msgs/cases and I applogize its hard to recall exactly, instead of I guess, plz send share detail, or send ur email in pvt msg.


Good Luck
 
Mtr

My old attorney does not seem to concern my case, never do anything after he filed I485 for us even though he said he would help me now so I could not wait him any longer and just paid to find another lawyer. I do not know

1. Will lawyer change affect my case?
2. Can I legally work on EAD after I file MTR? The new lawyer just said possible MTR filing.

Thank you for your encourage msg!
 
??

Where did you read that your case is "denied"? Go back to your local office and ask them to get your file from the other "wrong local office" and approve it before Sept 30. Ask to see the supervisor, if you have to. This is clearly a USCIS mistake. Keep telling the USCIS that it is a "service error". They have procedures to fix "service errors" expeditiously.
 
ltr514 said:
My old attorney does not seem to concern my case, never do anything after he filed I485 for us even though he said he would help me now so I could not wait him any longer and just paid to find another lawyer. I do not know

1. Will lawyer change affect my case?
2. Can I legally work on EAD after I file MTR? The new lawyer just said possible MTR filing.

Thank you for your encourage msg!
Click to expand...


1. Changing att won't affect , new attorney will file G-28 with new petition to represent u. and he also may file G-28 seperatly for ur pending case too.


2. for EAD/MTR, sorry its not good news to share but but check this link,
Also there is always another way or in another words loophole. and attorny knows that. ask ur att to find it.

http://www.murthy.com/chatlogs/ch020705_P.html

Chat User : My employment-based I-485 has been denied. Can I apply for renewal of my EAD while the MTR is pending? Can I work legally while the MTR is pending?

Attorney Murthy : A person is not allowed to work legally while the MTR is pending. The USCIS will deny the EAD extension if the I-485 has been denied. In many cases, the only way to try and save this is to file a new case, which will allow for the filing of a new EAD application, and to extend one's H1B based on the new I-140/I-485 filing. Also, a new backup LC / PERM may have to be considered for a long-term resolution of this matter.


----------------------------------

Good Luck
 
To 458-denied:

I have similar situation - my I-485 case was approved on March 15, wife's was pending.
10 days ago my wife received Notice of Decision, stating that her I-765 case was denied because her I-485 case was denied.

No communication from TSC, no email notifications, no web information, phone system tells that "due to temporary problem we cannot access your information".
Attorney filed motion to reconsider for both I-765 and I-485, I am planning to visit Miami district office (to find out the I-485 status), and contact senator about the case.

Any progress in your case?
 
GGV239 said:
To 458-denied:

I have similar situation - my I-485 case was approved on March 15, wife's was pending.
10 days ago my wife received Notice of Decision, stating that her I-765 case was denied because her I-485 case was denied.

No communication from TSC, no email notifications, no web information, phone system tells that "due to temporary problem we cannot access your information".
Attorney filed motion to reconsider for both I-765 and I-485, I am planning to visit Miami district office (to find out the I-485 status), and contact senator about the case.

Any progress in your case?
Click to expand...
We filed MTR 3 moths back (June 10th) there is no updated on it. It may take years to get reopened and approved.

My wife does not have any visa status other AOS(pending MTR).

My attorney suggested that we can file new 485 and can get new EAD, AP from that.
Also we can withdraw new one if MTR is re opened and approved.

Now we are in the process of filing new 485 before September 30 2005.

Keep us updated If there is any update after visiting district office.
 
Case was administratively closed

Today we visited Miami district office to find out status of AOS case for my wife.

Results (dialog with immigation officer):
O: - Her case was administratively closed without specifying the reason. The best way to find out what happened is contact Texas Service Center directly.
Me: - So, her case was denied and closed?
O: - I did not said "denied", I said "administratively closed". Because the case was closed, the employment application was denied as if it based on denied I-485.

And here are some other updates:
- I was able to talk to person over the USCIS phone service. I just chosed the option "do not have SRC#", and then I was forwarded to operator. She was not able to locate the case information but she filed the status request.
- According to officer in Miami center, processing of MTR takes about 6 months.
 
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Case was administratively closed

My attr filed MTR but TSC asked a copy of "denial notice" which I do not have because my case was "administratively closed" without any reason. So my attr will file a FOIA (Freedom of Information Act) to know what the reason was.

The status request does nothing but will tell you "administrative close", nothing new than the officer told you. You can even get it yourself by assign your email to the online status.

Please keep us posted.
Thanks!
 
ltr514 said:
My attr filed MTR but TSC asked a copy of "denial notice" which I do not have because my case was "administratively closed" without any reason.
Click to expand...

Absolutely the same! MTR for EAD was accepted, MTR for I-485 was returned with note "your MTR is not rejected, please send your denial notice" (something like that). Of course, my wife does not have denial notice!

I sent inquiry to Senator Bill Nelson 3 weeks ago, no response yet.

Yesterday my wife received letter from US CIS (as result of phone request for case status made Sept 30) stating:
"The status of this service request is: Your case will be forwarded to supervisor for review."

I-485 case LUD was changed on Oct 28 and Nov 01.
Phone system keeps saying "Due to a temporary problem we cannot access your case information"

I am thinking what should be my next step... Need advice. I definetely do not want just sit and wait. I am planning to send request for expedited processing, however I am not sure if it is going to be helpful...

ltr514: How did you filed FOIA? Maybe I have to do the same...
 
I-485 denied

GGV239 said:
Absolutely the same! MTR for EAD was accepted, MTR for I-485 was returned with note "your MTR is not rejected, please send your denial notice" (something like that). Of course, my wife does not have denial notice!

I sent inquiry to Senator Bill Nelson 3 weeks ago, no response yet.

Yesterday my wife received letter from US CIS (as result of phone request for case status made Sept 30) stating:
"The status of this service request is: Your case will be forwarded to supervisor for review."

I-485 case LUD was changed on Oct 28 and Nov 01.
Phone system keeps saying "Due to a temporary problem we cannot access your case information"

I am thinking what should be my next step... Need advice. I definetely do not want just sit and wait. I am planning to send request for expedited processing, however I am not sure if it is going to be helpful...

ltr514: How did you filed FOIA? Maybe I have to do the same...
Click to expand...


GGV239,
sometimes it's just easier to file a new case. I also had my I-485 denied. I filed a MTR. It's been 3 mths now. I'm tired of waiting and am refiling the case all over again.
 
ntcole

When you say, you had 485 denied,was it related to some LCissue,i heard companies will be using 140 revoked labor's and that may cause 485denials,

And tell me onething, when you filed MTR, you were on H1 or EAD? which is recommended.

Please share
 
Help Needed I485 got denied !!!!

PL. HELP ME .
I have applied for I140 and I 485 concurrently.My I140 was cleared and I have applied for EAD and AP (for second time I never used those at all got a notice for digital photo/ thumb printing due in december ).currently I am on H1B and my wife is on H4 . I will finish my H1B / H4 (6yrs ends on April 2006) . I GOT I485 Finger printing notice but I have resheduled it by sending the application back to ASC and I have return receipt / confirmation and the copy of the covering letter that I sent along with the notice.
Now my attorney got a notice saying that my I485 got denied becasue I din't show up for the finger printing on the scheduled date or I did not
inform about the reschedule the appointement(which is not true) . now what should I do now and pl. pl. help me in answering below questions .

1) I am planning to do MTR (motion to reopen) the I485 .
2) Do any one know how much time it will take to reopen the case .
3) Will I get any receipt number fot MTR ??
4) My H1b/H4 is valid till April 2006 now can I apply for 7 th year extension i.e I want to know becasue I will be reaching that pretty soon and since my I485 got denied what will effect on 7th year extension that i.e is MTR will help me ?
5)how are the chances for reopening on my case ??

6) Can I file new I485 again ? with the old I140 ?

7) Am i eligible to go for EAD digital photo / thumb printing and which is due in december 2005(second time renwal but never used it).


Thanks for every one's Help ,
Sam
 
nagakoosu said:
ntcole

When you say, you had 485 denied,was it related to some LCissue,i heard companies will be using 140 revoked labor's and that may cause 485denials,

And tell me onething, when you filed MTR, you were on H1 or EAD? which is recommended.

Please share
Click to expand...


My case is a family based case, not employment based. Sorry
 
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