Are there any cases whose I-485 was denied

S

ssjb

Registered Users (C)
Are there any cases whose I-485 was denied? What are the reasons, it can get denied for? Can lower salary be one of the reaons?
 
ssjb said:
Are there any cases whose I-485 was denied? What are the reasons, it can get denied for? Can lower salary be one of the reaons?
Click to expand...
Lower salary is only a concern for 140 adjudication - it doesn't affect 485.
 
max2k1,

lower salary could be a problem if LC salary is not being paid and the sponsoring company doesn't give an undertaking that promises to pay the LC salary upon approval. OR the sponsoring company's financial background doesn't allow for payment of LC salary.

ssjb,

There are denial's, read the reports threads, atleast 3 % of all cases get dinged.
 
140_takes_4ever said:
max2k1,

lower salary could be a problem if LC salary is not being paid and the sponsoring company doesn't give an undertaking that promises to pay the LC salary upon approval. OR the sponsoring company's financial background doesn't allow for payment of LC salary.

ssjb,

There are denial's, read the reports threads, atleast 3 % of all cases get dinged.
Click to expand...
But I thought the financial strength of the sponsor is checked during 140 ?

Of course, if the sponsor won't give an EVL at 485 stage ( say for an RFE), then it will be denied.

But is the company financial again looked into *actively* during 485 ??
 
max2k1,

For EB cases, they will check for ability of sponsor to pay GC salary upon approval. If you remember a few months ago when RFE was the norm, this was the biggest cause of RFE. Where INS would ask for company tax returns and financials.

It was after the Yates memo I think, when they stopped compulsory RFE for cases pending over 1 year. But the thought behind the RFE logic still stands. If you work for a relatively large well known company, I wouldn't think you will be RFE'ed/Denied, but if it is a small company, with few employees, the odds are different.

But curiousGeorge has a point, all cases that I have seen as denied have been approved upon appeal
 
My question is if the sponsoring company promises in the reply to RFE, but does not pay after GC is stampped, can the employee compalin?
 
Sure, but don't see a company falling for that one. Why would they give an undertaking like that unless they wanted to pay the guy or atleast have an understanding with him. Now if the applicants takes advantage of that to get his green card and then turns around and sues the company, don't see that getting very far.
 
140_takes_4ever,
My company always mentioned that the salary mentioned in the LC for GC is future job after GC approval. Now since GC is approved.., they are not ready to increase the salary. They do not want to increase my salary and do not want to lay me off since they are very good profit on me.
 
There are several reasons for denial, depending on the type of the case. For family-based cases, it's mostly if marriage is not "bonafide", so people who marry for GC only have to go through verification process and actually show that they live together.
As for EB I485, it'll be denied if you're not employed, if you had a certain kind of criminal record that results in deportation, if you cheat generally. But all those are rare and EB GCs do get approved with I'd say over 99% certainty.
 
peace_of_mind said:
My company always mentioned that the salary mentioned in the LC for GC is future job after GC approval. Now since GC is approved.., they are not ready to increase the salary. They do not want to increase my salary and do not want to lay me off since they are very good profit on me.
Click to expand...
That is terrible, but the only problem with trying to sue the company is the detrimental effect it will have on your case. Remember Green cards and even citizenships can be revoked. Your scenario is thus:
1. If you try to sue the company that sponsored your GC, because they are not paying your GC salary, you could be putting your GC in jeapordy since you are not making LC salary upon approval. INS won't know this until it is time for your citizenship or GC renewal time. But if you sue them INS will come to know and will probably draw the conclusion that there was fraud involved and possible grounds for GC revokation.
2. Suppose you do sue your company or complain against them, what do you gain? Maybe a couple more months of employment after which they will lay you off.

Best solution:
1. Look for another job ASAP. Doesn't matter if they pay you as much or less than LC salary, but atleast you don't feel cheated and hired on false pretexts.
2. Take it up with HR of your company and threaten to sue.
 
peace_of_mind said:
My company always mentioned that the salary mentioned in the LC for GC is future job after GC approval. Now since GC is approved.., they are not ready to increase the salary. They do not want to increase my salary and do not want to lay me off since they are very good profit on me.
Click to expand...

Every employer makes profit out of employers. Otherwise why would they employ employees anyway? That's not the issue.
The issue is that they promised something but not fullfilling it. Now, there are several reasons an employer can fail to fullfil promises - economy, market, or just intention of not keeping the promise etc.
Therefore, you have only one option - look for another job that can meet your salary expectation (or close to that). You are a GC holder now. You have enough leverage while talking to your current employer or getting another new job. Get a new job and clearly mention your issue in resignation letter. Keep a copy of that letter with you and also save your current paystubs. You may need them at the time of citizenship app.
 
Here are all the reasons why an I-485 can be denied. :D



http://www.ilw.com/lawyers/seminars/august2002_citation2b.pdf


ADJUDICATIONS APPENDIX C
Page 1
09/28/01

ADJUDICATIONS APPENDIX C
Section 212(a) Inadmissibility Overview




Admissibility - Sec._212
1._health grounds
____A._waiver - 212(g) spouse, unm s/d, parent of USC/LAPR

2._criminals
____A._idents
____B._waiver - 212(h) spouse, parent, s/d of USC/LAPR; hardship

3._security grounds
____A._terrorists
____B._Communists
________exceptions:
____________i.___involuntary
____________ii.__past membership
____________iii._parent, spouse, s/d, sibling of USC
____________iv.__parent, spouse, s/d of LAPR
____________v.___Nazis

4._public charge
____A._I-864 8CFR 213a
________i._emp pet filed by relative(spouse, parent, s/d, sibling)
________ii._relative owns 5%

5._labor certs
____A._physicians
________i.___must pass parts I & II of Nat Board of Med Examiners
________ii.__Examination
________iii._must have completed 3 years as H-1B if changed from
________iv.__J-1 before being eligible to apply for adj/stat -
________v.___8 CFR 212.7(c)(9)(iii)
____B._nurses
________i.__current status-ASC processing
________ii._certificate requirement
____C._health care workers (memos under ADJ Guide)
________i.___phys ther, occup ther, speech-lang pth, med technol &
________ii.__techni, phys asst
________iii._current ASC sched of occupational therapists

6._illegal entrants and immigration violators
____A._failure to attend removal proceedings
________i._5 yr bar from date of departure/removal
____B._misrepresentation
________i._waiver 212(i)
____________a._spouse, s/d of USC/LAPR & hardship
____C._false claim to USC
____D._stowaways
____E._smugglers
________i.__waiver 212(d)(11)
________ii._if smugglee was spouse, parent, s/d, no other
____F._final order under 274C - civil violation
________i.___waiver 212(d)(12) for
________ii.__returning resident or
________iii._committed solely to assist spouse/child
____G._student visa abusers
________i._(enters F-1 for private school and changes to public funded school)

7._documents
____A._waiver 212(k)

8._ineligible for citizenship
____A._draft evaders

9._previously removed
____A._arriving aliens (exclusion)
________i.__5 yr bar
________ii._20 yr bar (2nd removal or ag felon)
____B._others (deportation)
________i.___10 yr bar
________ii.__20 yr bar (2nd removal)
________iii._permanent bar (ag felon)
____C._exceptions (AG consents prior to application for entry- in the case of a 'removed' Returning Resident)
____D._unlawfully present - HQ memo
________i._must make a departure (and reentry) after period of
____E._unlawful presence for this to apply
________i.___>180 days <1 yr
____________a._3 yr bar from date of departure
________ii.__>1 yr
____________a._10 yr bar from date of departure
________iii._definition
____________a._expiration of authorized stay
____________b._present without admission/parole
________iv.__tolling for good cause
____________a._up to 120 days
____________b._nonfrivolous appl._for change/ext._of stay
____________c._lawful admission/parole
____________d._no unauthorized employment
________v.___waiver 212(a)(9)(B)(v)
____________a._spouse, son/daughter
____________b._hardship

10._miscellaneous
____i.___polygamists
____ii.__guardian of inadmissible alien
____iii._international child abductors
____iv.__unlawful voters
____v.___renounced US citizenship to avoid taxation
____vi.__subject to 212(e)-not waived
 
Salary

Now in my case, my employer has clearly stated that he will pay me the mentioned amount ( in Labor cert.) after my case is approved. It has been almost 3 months since all the papers were originally sent to BCIS. He has shown the company's assets and financial gains during the last few years.

Can anyone suggest me how long of a wait should be after all the papers are sent?
 
You must log in or register to reply here.
Top