anyone knows cases of 485 denials??

dude i hope you are just kidding, if u look at my signature i am one.....and i am just trying to figure out the risk
 
But how this is going to help you

techy2468 said:
i am trying to figure out the chances of 485 denials...
Click to expand...

Of course, there are some cases of I-485 denials. But how this is going to help you. All depends on your case details which vary for each person. If I were to pick 2 common reasons, it probably will be
1. More than 180 days out of status since last entry in US
2. Job Offer valid and available

Good Luck.
 
Last edited by a moderator:
thanks desi3933.......i wanted to buy a house and was in a shock when i realised that i will lose most of my savings if my 485 gets denied....and i have to go out of usa in 60-90 days (i dont know what timeframe they give.)..

i still have 3 years left on my H1 and hence i am thinking if i can play 100% safe...by continuing to remain on H1....
 
If you havent used your EAD for a job and your H1B is valid I personally feel try and maintain the H1B as much as possible....so incase 485 is denied at least you have a way to stay here and apply for an appeal. By the way even if 485 is denied you can still apply for the H1B extension or reapply after going to India again. Though you are taking unnecessary stress (which is understandable by the way) because for an EB1-OR unless you have made a terrible blunder would not be denied for any frivolous reason. I mean they have already acknowledged you are an OR so unless they have a pretty strong reason in your history as an immigrant they usually do not deny such applications. Just pray and wait....pretty much all you can do as of now.....
 
just need some assistance for 485 denial

If a person is already past 6 yrs and now working on EAD and 485 is pending. All of a sudden because of USCIS error, your 485 gets denied. I know you can file MTR and all, but my question is

1) whar is your status after the denial.
2) Do you have to quit the job just coz of USCIS error.

I think somewhere Ginnu or Unitednation said that after the denial , you can work and you have to apply for MTR, if MTR gets approved , then you are in status during that time, otherwise not...

any opinon or advise will be appreciated. It's just for knowledge.

thanks
 
thank you unitednation

Hi Unitednation

Thanks a bunch for your clarrification. You may not have said that, may be my wrong interpretation...

I totally understood what you said, but my original question was currently if someone is working here (EAD) with 485 pending and that is the only lawful presence. All of a sudden , 485 gets denied due to USCIS error...so do you have to quit the job as you don't have any status during that MTR filing...pls clarify

thank you again
 
Hi Unitednation

thanks again, but my question is still the same. As you said it depends on reason, in this case it was coz of USCIS error..i know it will get approved, it's just that, can i work after 485 gets denied and during applying MTR...as u said 180 days only apply if you don;t get caught, then you can stay here as long as u want if u don't get caught...

pls clarify...i really appreciate ur knowledge on immigration...i think you r better than any lawer..
 
Hi Unitednation

Does this mean, one can work after 485 denial (coz of uscis error), if it was known that it wou;d be approoved...just want to know in case,,...i hope this is a question for everybody....one thing for sure ..u know the rules in sight out,,may be that's reason wer\ are asking you

thank you
 
thanks UN...

hello unitednation

tahnks for all your wonderful suggestion. My case is never like that. The reson i was asking is that my 140 is already approved this month. In fact i applied for 140/485 back in 2004 and ugraded to PP this month and got approved. recently i got RFE for 485 (not a big one only medical chest Xray), Since my company is not going to extend my H1B coz my 140 approval, i was a little cautious to know, what if my 485 gets denied due to USCIS error (as i don't see any issue with 485..everything on track). Would i be able to work after that or not (remot chance though).

since you have asked my case, can i ask you this...

dor my 485 RFE regarding medical...

since you have more than 5 mm reaction in TB test, you should have sent your chest Xray..
now do i need to have whole 693 form filled up or only the Xray results and send it to USCIS??/pls advise..also is there any cover letter format to be sent with the RFE as i am going to file it (not Lawer)

Thanks a bunch
 
Common UN, give me two minutes too ;-) please

unitednations said:
Come on now. I am telling you what the law is on this.

no authorized stay then must leave.

however, work/staty for less then 180 days then no problem with future immigration issues.

Get caught even within the 180 days then pay the price.

If I am in same situation; i would stay/work up until 180 days. Now, I have said it. However, keep in mind what I have said is the law. USCIS is being pressured by ombudsmen to start removal proceedings upon denial of 485's. I haven't seen this happen yet and doubt it will happen but you never know.

Although you are asking for suggestions; it would be nice to know what your issue is. Information sharing is two way street.
Click to expand...

My Case: 485s pending for me and my spouse, I-140 still pending with RFEs. My wife's I-140 is approved however with her employer.

Q.1: Can we apply another 485s thru my wife's side ? Or do we have to revoke the current pending 485s?

Q.2: Due to my lawyer's terrible mistakes, a 2nd RFE has been issued on my I140 which seems to be a little complicated and time consuming. If we revoke I140 could it cause any harm to my future immigration issues ?

Thanks so much. Please respond.
 
Last edited by a moderator:
You must log in or register to reply here.
Top