Canadian RN I-485 denied

M

mellymel4775

Registered Users (C)
I'm a Canadian RN and I have been working in Cali for thelast 4.5 yrs. I just found out last week through the hospital's immigration lawyer that my GC has been denied. We (the lawyer and I) have already sent an application for review. Now, if I get denied again, does that mean that I can never again work in the States? I am single and have always worked at the same hospital since moving to the States. Any help would be appreciated. Also, any idea on how long it takes for an answer from the review?
 
mellymel4775 said:
I'm a Canadian RN and I have been working in Cali for thelast 4.5 yrs. I just found out last week through the hospital's immigration lawyer that my GC has been denied. We (the lawyer and I) have already sent an application for review. Now, if I get denied again, does that mean that I can never again work in the States? I am single and have always worked at the same hospital since moving to the States. Any help would be appreciated. Also, any idea on how long it takes for an answer from the review?
Click to expand...

Your application was denied for what reason? Did you get I-140 approved?
 
Yes, my I-140 was approved. My CGFNS Visa screen certificate was to be handed in on Jan. 7th and I did not receive it until 2 weeks later and therefore it was received by the INS 2 weeks past the RFE date
 
mellymel4775 said:
Yes, my I-140 was approved. My CGFNS Visa screen certificate was to be handed in on Jan. 7th and I did not receive it until 2 weeks later and therefore it was received by the INS 2 weeks past the RFE date
Click to expand...

I think you may need to re-open your case and your lawyer should know how to do it. Otherwise you have to refile 485 and pay all fee. Don't worry, this will not impact your green, your 140 is still valid. The problem is you didn't catch up with CIS schedule to submit visascreen.
 
The lawyer has already sent my papers to reopen the case and have it reviewed. What I was wondering was if they deny me again and I have to go back to Canada, is there any way that I can come back and work here in the States?

ACtually now that I think about it, I'm not even sure I have an I-140. I think all I have is my EAD
 
Last edited by a moderator:
mellymel4775 said:
The lawyer has already sent my papers to reopen the case and have it reviewed. What I was wondering was if they deny me again and I have to go back to Canada, is there any way that I can come back and work here in the States?

ACtually now that I think about it, I'm not even sure I have an I-140. I think all I have is my EAD
Click to expand...

You sure have 140 approved, otherwise you cannot have 485 filed and EAD. Don't worry, the worst thing is your current 485 is denied and you have to re-file 485 with visascreen. It's okay. Should your lawyer explain something to you? You paid him.
 
You would think the lawyer would explain stuff but I am not the one paying him. He's the hospital's immigration lawyer and the hospital is footing the bill. I wonder if he didn't tell me that I could just reapply for my 485 because the hospital doesn't want to pay for it again. If that's the case, I'll do it on my own.

Does anyone have any idea on how long it usually takes for a review?
 
mellymel4775 said:
You would think the lawyer would explain stuff but I am not the one paying him. He's the hospital's immigration lawyer and the hospital is footing the bill. I wonder if he didn't tell me that I could just reapply for my 485 because the hospital doesn't want to pay for it again. If that's the case, I'll do it on my own.

Does anyone have any idea on how long it usually takes for a review?
Click to expand...

That's right. You may do by yourself if you have to refile 485 again. But you may have to stop working for the employer after your current 485 is rejected until you get the new EAD of new 485 application.
 
Would I be able to work for another employer??

Thanks sooo much for your help. It's much appreciated. Is there a period of time that I have to wait before I apply for my 485 again?
 
mellymel4775 said:
Would I be able to work for another employer??

Thanks sooo much for your help. It's much appreciated. Is there a period of time that I have to wait before I apply for my 485 again?
Click to expand...

I think right now you have to wait for the response from CIS. After you get the notice stating your 485 is denied, you can file new 485/EAD again with the complete documents including an offer letter from the employer. I don't think you can work using your old EAD after your old 485 is denied. You have to consult a lawyer about it. Don't take the risk of law violation.

You may use AC21 (pending 485 portability) to change employer ONLY after your VALID 485 application is in pending for 180 days. Here is the web site you can find the info: www.shusterman.com.
 
OK, Thank you so much for that info!! I was born in Canada and lived there until I moved here 4.5 years ago. I was not planning on changing employers. The whole reason I was sooo worried is becuase I absolutely love the job I have here and I don't want to lose it. So from what I understand, I can keep working while I'm waiting for my file to be reopened as long as it is for less than 6 months. If I haven't hear anything in 3 months, I should reapply for my 485/140/ead...correct?
 
mellymel4775 said:
OK, Thank you so much for that info!! I was born in Canada and lived there until I moved here 4.5 years ago. I was not planning on changing employers. The whole reason I was sooo worried is becuase I absolutely love the job I have here and I don't want to lose it. So from what I understand, I can keep working while I'm waiting for my file to be reopened as long as it is for less than 6 months. If I haven't hear anything in 3 months, I should reapply for my 485/140/ead...correct?
Click to expand...

I strongly suggest you not take the risk of staying illegally for even one day. Otherwise you may get trouble when you have interview with CIS officer which may be required right before your 485 approval. You should have one month after CIS notifies you the denial of your 485. You may start preparing your documents for 485 refiling now except medical exam report which should be the original copy from the doctor. After you get the denial notice, get the ME report and other documents for 485/EAD, and file them. Meanwhile you have to tell your employer you cannot work for them until you get your new EAD and let them put you leave unpaid. Check the instruction of how to file I-485 and I-765 (EAD) on www.uscis.gov. Good luck!
 
unitednations said:
she's already illegal; on the date of denial of her 485. her lawyer/company don't want to apply for the 485 right away. however, if she presents the logic, I laid out, her lawyer/company will file for her at the most three months after her denial.
Click to expand...

Not totally...it depends on the employer to continue to employ her and I am basing this on my experience only... I was in a similar position when USCIS denied my petition by mistake (referred to the wrong I-140 which was revoked) eventhough I had an approved I-140. I contacted my congressman's office and the lady I spoke to confirmed with USCIS Vermont that USCIS's mistake does not affect the employment and that I could continue with my employer. My employer's immigration also confirmed the same. Meanwhile, I obviously through my lawyer, applied for Motion To Reopen within the 30 day period from date of denial.

I guess the best thing is to find out more about the reason to deny and make sure that you are doing things within the law to continue employment.

Just my $0.02.
 
If the lawyer already sent MTR to USCIS to re-open your 485 case, you may wait until you get the result of the MTR. If MTR has not been sent you'd better file the new 485 asap. I don't trust the 180 limit for illegal stay and it may cause serious problem if you knowingly work illegally.
 
A MTR was already sent on March 11th.

Wow, I can't believe my little questions caused such a fun little debate. Keep it up, this is interesting reading
 
Don't get me wrong I totally appreciate all the help! I have learned a lot from both of you. I just hope I've got it all right. So pretty much, while I wait for my MTR I am ok to work as long as my EAD is valid. If my MTR is denied, I have to immediately file for my 485/EAD again. While I am filing my 485/EAD, I cannot work, but I can stay in the states. Did I get all that right???
 
Your understanding is basically right upon my opinion. You have to consult the lawyer for whether or not you can work by the old EAD after your old 485 is denied and new 485 is filed. I think your employer wants you keep working for them so the lawyer has to do the best to keep you working. I don't see any risk if you follow your understanding. You may request the full set of document copies from the lawyer for each application. Good luck!
 
Thank you very very much. You don't understand how much stress you have just relived me of. I seriously can't thank you enough
 
Someone at work suggested that I make an appointment with an INS officer and bring all my papers to make sure that I can definitely reapply for my green card if my MTR is denied. Is this a good idea???
 
You must log in or register to reply here.
Top