Approved! after Name Check Delay, AC21, Arrest, 140 Revok, 458 Denial, Local Transfer

G

GreenCardVirus

Registered Users (C)
Hi All,

My 485 application was approved after a standard interview on December 5th. Though I would never wish the plight of being stuck in retrogression or BEC, my case had its own share of drama. I am just relieved that it is all over.

Entered USA: Aug 1997
First Labor Filed: Feb, 2001 (Approved)
First I-140 Filed: Apr, 2001 (Approved- CSC)
Retrogressed, Wait Time 3.5 years
Quit Company in Oct: Stupidest Mistake
PD became current in 4-5 months: Regrets, Regrets

Second Labor: May 2001 (EB2)
Septembe 11, 2001
Asked to find a new job in Jan 2002
Found one in April 2002

Third GC Filing:
Labor Filed: June 14, 2002 (asked for EB2 casually, employer filed in EB2)
Arrested DUI: Nov 23, 2002
Fought DUI in upper court for 1.5 years
Labor Approved: April 23, 2004
DUI Aquitted: April 23, 2004 (double good news on same day)

Filed 140/485 (VSC): June 9th, 2002 (answered Yes to arrest)
I140 Approved: Feb 2005
Finger Print: March 2005
Waited for Approval: Never Came, PD was current
Made an Inquiry in June 2005
Stuck in NAme Check

Used AC21 to Change Employers: September 30 2005
I-140 Revoked: October 2005
485 Denied: November 2005
Motion to Reopen Filed: December 2005
485 Reopened: January 2006

Retrogressed duruing this period

Made an Inquiry for Name Check: July 2006
Got Letter in August: Name Check Cleared in April 2006
2nd Finger Prints: August 25th 2006 or so
PD Current : August 2006 (for my case)
Retrogressed: September 2006
PD current : October 2006 (for my case)
485 Transferred Phoenix: October 4th 2006
Interview Called: November 15th 2006
Inverview on: December 5th
485 Approval: December 5th (Officer did not stamp PP)
Passport Stamped with GC Stamp: December 11th
 
Last edited by a moderator:
GreenCardVirus said:
Hi All,

My 485 application was approved after a standard interview on December 5th. Though I would never wish the plight of being stuck in retrogression or BEC, my case had its own share of drama. I am just relieved that it is all over.

Entered USA: Aug 1997
First Labor Filed: Feb, 2001 (Approved)
First I-140 Filed: Apr, 2001 (Approved)
Retrogressed, Wait Time 3.5 years
Quit Company in Oct: Stupidest Mistake
PD became current in 4-5 months: Regrets, Regrets

Second Labor: May 2001 (EB2)
Septembe 11, 2001
Asked to find a new job in Jan 2002
Found one in April 2002

Third GC Filing:
Labor Filed: June 14, 2002 (asked for EB2 casually, employer filed in EB2)
Arrested DUI: Nov 23, 2002
Fought DUI in upper court for 1.5 years
Labor Approved: April 23, 2004
DUI Aquitted: April 23, 2004 (double good news on same day)

Filed 140/485: June 9th, 2002 (answered Yes to arrest)
I140 Approved: Feb 2005
Finger Print: March 2005
Waited for Approval: Never Came, PD was current
Made an Inquiry in June 2005
Stuck in NAme Check

Used AC21 to Change Employers: September 30 2005
I-140 Revoked: October 2005
485 Denied: November 2005
Motion to Reopen Filed: December 2005
485 Reopened: January 2006

------ why did they deny your 485?? Is this because of I-140 is revoked?? Can you clarify further??

Retrogressed duruing this period

Made an Inquiry for Name Check: July 2006
Got Letter in August: Name Check Cleared in April 2006
2nd Finger Prints: August 25th 2006 or so
PD Current : August 2006 (for my case)
Retrogressed: September 2006
PD current : October 2006 (for my case)
485 Transferred Phoenix: October 4th 2006
Interview Called: November 15th 2006
Inverview on: December 5th
485 Approval: December 5th (Officer did not stamp PP)
Passport Stamped with GC Stamp: December 11th
Click to expand...
 

485 was denied because 140 was revoked even though I sent in AC 21 Documentation immediately after changing. Former employer probably wanted to reuse it again for someone, who knows.
 
But technically, if 140 apporved and 485 is pending more that 180 days USCIS should not deny.

How did USCIS approve the case??

I may be in the same boat. Your experience may be helpfull. How did you convence USCIS in MTR??
 
GreenCardVirus said:
Hi All,

My 485 application was approved after a standard interview on December 5th. Though I would never wish the plight of being stuck in retrogression or BEC, my case had its own share of drama. I am just relieved that it is all over.

Entered USA: Aug 1997
First Labor Filed: Feb, 2001 (Approved)
First I-140 Filed: Apr, 2001 (Approved- CSC)
Retrogressed, Wait Time 3.5 years
Quit Company in Oct: Stupidest Mistake
PD became current in 4-5 months: Regrets, Regrets

Second Labor: May 2001 (EB2)
Septembe 11, 2001
Asked to find a new job in Jan 2002
Found one in April 2002

Third GC Filing:
Labor Filed: June 14, 2002 (asked for EB2 casually, employer filed in EB2)
Arrested DUI: Nov 23, 2002
Fought DUI in upper court for 1.5 years
Labor Approved: April 23, 2004
DUI Aquitted: April 23, 2004 (double good news on same day)

Filed 140/485 (VSC): June 9th, 2002 (answered Yes to arrest)
I140 Approved: Feb 2005
Finger Print: March 2005
Waited for Approval: Never Came, PD was current
Made an Inquiry in June 2005
Stuck in NAme Check

Used AC21 to Change Employers: September 30 2005
I-140 Revoked: October 2005
485 Denied: November 2005
Motion to Reopen Filed: December 2005
485 Reopened: January 2006

Retrogressed duruing this period

Made an Inquiry for Name Check: July 2006
Got Letter in August: Name Check Cleared in April 2006
2nd Finger Prints: August 25th 2006 or so
PD Current : August 2006 (for my case)
Retrogressed: September 2006
PD current : October 2006 (for my case)
485 Transferred Phoenix: October 4th 2006
Interview Called: November 15th 2006
Inverview on: December 5th
485 Approval: December 5th (Officer did not stamp PP)
Passport Stamped with GC Stamp: December 11th
Click to expand...

Congrats. What an ordeal? Good side is that it made you more profound then some immigration attorneys.
 
GreenCardVirus said:
485 was denied because 140 was revoked even though I sent in AC 21 Documentation immediately after changing. Former employer probably wanted to reuse it again for someone, who knows.
Click to expand...
But technically, if 140 apporved and 485 is pending more that 180 days USCIS should not deny.

How did USCIS approve the case??

I may be in the same boat. Your experience may be helpfull. How did you convence USCIS in MTR??
 
baby_mde said:
But technically, if 140 apporved and 485 is pending more that 180 days USCIS should not deny.

How did USCIS approve the case??

I may be in the same boat. Your experience may be helpfull. How did you convence USCIS in MTR??
Click to expand...

There are whole bunch of discussions on this in AC21 Section.

USCIS made a mistake in denying the case, they did not follow their own rules (Yates Memo). They should have sent a NOID if they did not find AC21 Letter for new employer.

You file MTR saying it was their mistake. All you do is point them to that mistake. MTR is nothing but a simple letter and a big check ($385).
 
tammy2 said:
Congrats. What an ordeal? Good side is that it made you more profound then some immigration attorneys.
Click to expand...

Thanks.

Frankly, what hurt me mentally most was the DUI case. Initially, I was not sure whether it was going to affect my GC or H1. Even if I had no GC, being in Software industry, my future was in a way tied to my ability to travel to USA.

I believe the DUI case was more racially motivated than actual facts. So, I fought the case in the upper court, lost 12K in direct and indirect costs. A DUI would'nt have hurt my 485 case, but the fight was worth it when I won. The judge even admonished the cops saying they were irresponsible and that they had better things to do.

In the GC interview, the only question I was asked about DUI was if I were arrested. I was anticipating some discussion on this but there was none.
 
You must log in or register to reply here.
Top