Denied 485!!!

A

A0001

Registered Users (C)
140/485/765 Filed :12/02(Concurrent)
140/485/765 Denied :05/03(because 140 requirements)

Employer Re Filing 140 with Labor substitute and linking with denied 140 file.
Immigration Representative told me that there may not be a need to file 485 again.

Is Denied I485 legal?
How old denied 485/765 become active??
Is it possiable to link with file?
Any one come accross this situation/case?

Any ideas.... please let me know.
 
Hello A0001

What does your/company's lawyer say?

My suggestion is, Better get help of a good lawyer.
 
Is this an isolated case?

A0001,

My case is also LC substituted, but I got my 1-140 approved in August 2002 and filed for I-485 in November 2002.

I am not clear of what your problem is - if your I-140 is denied in 05/03 , then why did it take so long for them to notify you? Did you check on that?

Also if your case was LC substituted - the approval for the substitution by itself is an approval of I-140, so do you mean your substitution itself was not accepted and therefore denied?

Pls clarify so that we can help with whatever we know for your future immediate action.

-MrCoolz
 
My concurrent case got denied
========================
At present again Filing 140 with Labor substitute and linking with denied 140 file.
Immigration Representative told me that there may not be a need to file 485 again.

Is Denied I485 legal?
How old denied 485/765 become active??
Is it possiable to link with file?
Any one come accross this situation/case?

Any ideas.... please let me know.
 
Your I-485 was accepted with I-140, They cashed the check.
Now I-140 denied, so automatically I-485 will be denied. And all the supporting documents (e.g Medicals) are gone. And your money too. This also happened to a friend of mine.

Now you'll file new I-140, wait till its approved. Once approved then file I-485, 765 and 131 etc if you dont want to waste your money again.

If your employer appealed the 140 denial, then maybe you can also challenge the 485 denial.

This is my opinion, but if there's a way to link previously denied 485 to a new 140, I am not aware of it.
 
kjkool - u r right

kjkool,
You are 100% right. The basis for EB based I-485 is I-140. If the primary I-140 is denied there is no way any new I-140 can be attached to the old I-485. Only in a AC-21 cases a new 140 can be attached to a pending ( NOT denied) I-485.
 
You must log in or register to reply here.
Top