485 was Denied. Filed for MTR.

[Rohit11]

Hi Guys,

My 140 was denied in August due to "Employer's inability to pay" and on the same day 485 was also denied (because 140 denial) for myself and my wife. My lawyer filed "Motion to Reopen" (MTR) and 140 got approved in October but 485 never got opened. The message on the USCIS site for 485 never changed so we again filed an MTR in November to open the 485 case, but so far there is no change in the message.

Also, we filed a new I-140/485 with 245(k) in October as a backup plan since my wife's 6 years H-1B had already expired. We also filed for EAD based on new I-140/485. We received the EAD in December. Now my questions are...

1. Will there be any problem with two I-140 cases active at the same time since I already have one approved?

2. If USCIS processes a newly filed I-140 and approves it, will USCIS reject the previously approved I-140? What will happen to old I-485?

3. The old 485 is still not opened even after filing the MTR. Can we file for EAD based on old I-140(approved)/485?

4. Will there be any problem for my wife once her 6 months on 245(k) expires in February; Or the EAD (based on newly filed 140/485) can allow her to stay longer?

Please Help!!!

Thanks,
Rohit

 

[dazzling]

Hi Guys,

My 140 was denied in August due to "Employer's inability to pay" and on the same day 485 was also denied (because 140 denial) for myself and my wife. My lawyer filed "Motion to Reopen" (MTR) and 140 got approved in October but 485 never got opened. The message on the USCIS site for 485 never changed so we again filed an MTR in November to open the 485 case, but so far there is no change in the message.

Also, we filed a new I-140/485 with 245(k) in October as a backup plan since my wife's 6 years H-1B had already expired. We also filed for EAD based on new I-140/485. We received the EAD in December. Now my questions are...

1. Will there be any problem with two I-140 cases active at the same time since I already have one approved?

2. If USCIS processes a newly filed I-140 and approves it, will USCIS reject the previously approved I-140? What will happen to old I-485?

3. The old 485 is still not opened even after filing the MTR. Can we file for EAD based on old I-140(approved)/485?

4. Will there be any problem for my wife once her 6 months on 245(k) expires in February; Or the EAD (based on newly filed 140/485) can allow her to stay longer?

Please Help!!!

Thanks,
Rohit

Try talking to the customer service and tell them that your 485 should be reopened automatically. I have been in your situation and know how it feels. When my 140 was reopened, my 485 was reopened, but my wifes was not. I kept calling them every day. Finally I got to talk to someone in VSC (this was in December second week when you could not connect to VSC directly), and explained the situation. Even though he advised me to file a MTR for her 485, my wifes 485 was reopened 3 days after I talked to him.

Another thing could be that when the MTR is filed, your lawyer should mention the A# and the Application numbers for all applications pending for primary and dependents. Maybe your lawyer missed that.