Denied I140 and I485 concurrently

[KVIS2000]

Denied concurrent file I140 and I485

My labor got approved in Nov '02 and my attorney has filed for my I140 and I485 concurrently and the receipt date is Dec 31 '02.
and also completed finger prints in Feb.

I got message from my autorney that Everything got denied from I140 onwards( I140,I765,I485).


Now what is the solution? How to proceed

Is there any effect on H status?

Now, really worrying stage...

Please advise me

 

[IPC302]

Dont worry about H Status ...

There is no effect on your H status. The reason why all of them got denied is because your I-140 must have been denied for some reason ... once u get the mail from the NSC you u can understand the reason for denial ... all other stuff which got denied are I-140 dependent ... so just wait for the letter and see the reason and proceed accordingly ... Dont at all worry about your H status ...

One of the possible reason for denial can be that they filed your I-140 in EB2 category where as the BCIS feel that is should be in EB3 category OR it might be related to your degree evaluation which might not have matched the labor requirement i doubt the last one because the lawyer must have taken this into consideration .. so just wait for the mail .... u will be fine ... don't at all worry about your H status ... ok ... Cheers ....

 

[KVIS2000]

Thanks..........IPC


Mine was filed in EB3 ................
I have BE +8 years Exp.........

So far I don't know...what's wrong in my filing?

Any one got denied like this..Pl let me know

 

[houstonian7]

I-140 Denial

Dear guys

I have a unique case here

1)My LC is pending in Michigan since 11/30/2001
2)My I-485 got approved and my finger printing is done too with VSC
3)Recently my I-140 got denied in VSC

Reason for Denial
My Lawyer filed I-140 against an approved LCA which was used for AOS by a person in India thru Consular process.

Now my H1B 6 years is expiring in Jan 2004

Is my H1B invalid? IS my I-485 invalid? Can i get AC21?

Please help me. I have a job till next year.

HELP ME

 

[badobo]

Hi houstonian7,
How did ur 485 get approved before ur 140?

Ur H1 is valid.

 

[ginnu]

Dear guys

I have a unique case here

1) My LC is pending in Michigan since 11/30/2001
--- Do you mean it is your second LC filed by different employer?
2) My I-485 got approved and my finger printing is done too with VSC
--- If your I-485 is approved by VSC then go for GC stamp
3) Recently my I-140 got denied in VSC
-- your info 2 and 3 don’t match, If VSC approved I-485 how they can deny I-140, I-485 is approved if I-140 is approved, please clear
Reason for Denial
My Lawyer filed I-140 against an approved LCA which was used for AOS by a person in India thru Consular process.
--- Don’t understand your question? How a person can use AOS in India thru Consular process?
I hope you filed AOS (I-485) with approved I-140 in VSC and then your employer revoked your I-140 and used your LC for other employee who went for consular processing, Please make your question clear, Step wise how it happened
Now my H1B 6 years is expiring in Jan 2004
--- If you still maintain H1 status and EAD is NOT used you are on H1 status
Is my H1B invalid? IS my I-485 invalid? Can I get AC21?
--- Need clear picture to answer,
1 Employer A filed LC for you and it was cleared and then filed for I-140 it was approved and then you filed I-485 with VSC it this correct?
2 Did you leave your employer who got LC for you and when you I-140 was approved?
3 Did you file I-485 with employer A letter
4 Did you left employer A? When did you left?
5 Do you know if Employer A Revoked your I-140? If yes when?
6 what is the filing date of I-140? What is the approval date?
7 Do you see on BCIS ONLINE by punching your I-140 EAC# that it has been revoked? If yes, on what date BCIS Revoked your I-140
8 do you know if your Employer A used your approved LC for other employee after you left him? If YES, when
9Do you have new LC pending through new employer in Michigan since 11/30/2001?
Provide the complete info in detail and sequence of events to get proper answer

Your H1 is valid if you have not used EAD with your employer or for any part time job.
We all are here to help you.