Hi Gurus, experts - I need you help!
Recently It came to my notice that my filed I-485 petition from Nov 2002 was rejected last year in March 2003. Certainly it was a big shock and setback to my case. I haven't received any notification for this rejection nor my attorney did receive any. My I485 was concurrently filed with I140 in nov 2002 and I received RFE on my I-140 the first time in March 2003. My case for I-140 was refiled in July 2003 that got approval on march 2004. Once I got approval on I-140, I checked with my attorney that if we need to refile I-485? She said NO, and rather sent a letter to INS (Request for Interfiling with I-485) alongwith the copy of the approved I-140. This was done on march 2004.
Ever since I was checking the online status of my case regularly. The staus even today shows my LIN# the same way - i.e still an active case; nothing mentioned about rejection. Surprise!!
However, during a recent enquiry with INS rep over the phone for new address changes in their record (since I was moved to a new location in feb 2003, and I have notified INS using AC10 within a week of my move) for the address change - they have generated a letter with details of my OLD and NEW address and mailed it to me- as verification record. When I got this letter, at the bottom of this letter it says "Note that your filed petetion of I485 has been rejected last year in march 2003 and this notification was sent out to the applicant at the address available with INS record that time". There is no apparent reason provided for this rejection. My attorney was also not aware of this rejection that happened almost 16 months ago. This is my 7th year stay in US , already 2 time H1-b has been extented beyond 6 years.
I have couple obvious questions:
1. Would CP filing at New Delhi be advantageous in my case with above known fact compared to I485 filing again at Nabraska and I need to start from I-824 for CP?
2. Any advantage of CP (or disadvante) over I-485 in this situation?
3. Is it possible to file CP as well as I-485 together? If yes, under what provision of law or section etc. where can I find more details on that? The idea is to go either way which comes the first.
4.My lawyer said, that I-824 can be expedited if emmergency or hardships (in career, jobs etc.) is proven with the INS, and it could possibly reduce procession time drastically (moth or two instead of almost 1 year). Any thoughts?
5. My understanding is that any INS notification should have gone to attorney, if for some reason it failed to me....because I moved almost the same time when this rejection happened? is this understaning okay?
Any suggestion would be very helpful.
thanks in advance!!
YD
Recently It came to my notice that my filed I-485 petition from Nov 2002 was rejected last year in March 2003. Certainly it was a big shock and setback to my case. I haven't received any notification for this rejection nor my attorney did receive any. My I485 was concurrently filed with I140 in nov 2002 and I received RFE on my I-140 the first time in March 2003. My case for I-140 was refiled in July 2003 that got approval on march 2004. Once I got approval on I-140, I checked with my attorney that if we need to refile I-485? She said NO, and rather sent a letter to INS (Request for Interfiling with I-485) alongwith the copy of the approved I-140. This was done on march 2004.
Ever since I was checking the online status of my case regularly. The staus even today shows my LIN# the same way - i.e still an active case; nothing mentioned about rejection. Surprise!!
However, during a recent enquiry with INS rep over the phone for new address changes in their record (since I was moved to a new location in feb 2003, and I have notified INS using AC10 within a week of my move) for the address change - they have generated a letter with details of my OLD and NEW address and mailed it to me- as verification record. When I got this letter, at the bottom of this letter it says "Note that your filed petetion of I485 has been rejected last year in march 2003 and this notification was sent out to the applicant at the address available with INS record that time". There is no apparent reason provided for this rejection. My attorney was also not aware of this rejection that happened almost 16 months ago. This is my 7th year stay in US , already 2 time H1-b has been extented beyond 6 years.
I have couple obvious questions:
1. Would CP filing at New Delhi be advantageous in my case with above known fact compared to I485 filing again at Nabraska and I need to start from I-824 for CP?
2. Any advantage of CP (or disadvante) over I-485 in this situation?
3. Is it possible to file CP as well as I-485 together? If yes, under what provision of law or section etc. where can I find more details on that? The idea is to go either way which comes the first.
4.My lawyer said, that I-824 can be expedited if emmergency or hardships (in career, jobs etc.) is proven with the INS, and it could possibly reduce procession time drastically (moth or two instead of almost 1 year). Any thoughts?
5. My understanding is that any INS notification should have gone to attorney, if for some reason it failed to me....because I moved almost the same time when this rejection happened? is this understaning okay?
Any suggestion would be very helpful.
thanks in advance!!
YD