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.
 
Re: A0001

Originally posted by venky73
A0001 - Search for denials. I have seen some folks post about denials here...
Click to expand...

Most of those I485 denial posts related to I140 denials.

Sheela Moorthy, if answers during the chat, would mostly suggest that the details have to be looked at. But you can give that a try.
 
Originally posted by A0001
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.
Click to expand...

This is what I think :

You need to file MTR for both files if you are confident that the I-140 was denied wrongfully. As long as the MTR is pending you will be in status (retroactively - only if motion successful) but cannot use EAD. As soon as MTR is successful your I-485 will be active again and your EAD can be used and you will be in line like ther rest of us.
If you are confident that the I-140 was wrongfully denied and MTR will be successful then there is no need to re-file I-485.
 
Even if the I-140 is denied he can file for the different I-140 can link that I-140 to existing I-485 provided I-485 is not denied. I am not sure how it works once I-485 id also denied. Probably he should file new I-140 and File an MTR to open the denied I-485 citing new pending I-140

Sorry i have modified it
 
Last edited by a moderator:
I dont understand this!

Originally posted by tammy2
Even if the I-485 is denied he can file for the different I-140 can link that I-140 to existing I-485 provided I-485 is not denied.
Click to expand...
 
Originally posted by kjkool
I dont understand this!
Click to expand...

Usually I-485 will be denied if I-140 is denied. I don't think it will be possible to reopen this case with new I-140 which should hav e been done when they issued intent to deny. So it's better to file new I-485 along with new I-140.
 
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