EAD/485 Denied - What to do - Need Guidance

S

solicit

Registered Users (C)
Gurus,

Here's my scenario as best as I can explain..

Got notice from USCIS stating that my EAD renewal ( I-765) was denied because the underlying 485 was denied. I haven't todate received 485 denial notice from USCIS . My status online for both EAD and 485 stil shows as application received and this case can take xxx days . My AP was approved on 06/08/04 and the last updated date for my 485 and 765 shows up as 06/26/04 and 07/05/04 respectively. I am presently on my 7th year H1.

My 485 ( non concurrent, I-140 approved in Feb 2002) case is pretty simple/ straight forward but for two exceptions.

1. Labor substitution

2. I couldn't do my FP2 as per notice, but had requested FP - ASC for a reschedule to couple of months down the line. ASC had written back asking me to write to VSC for a reschedule, which I had done along with the letter from ASC, but hasn't heard anything from VSC on that.

My attorney is an inhouse one for my employer and is not familiar with dealing with out of the norm scenarios. Would be grateful if any of you can shed some light on what to do ??

a) Is it the standard that denials are never updated as such on the USCIS website / phone ?? any hope left there..

b) How to get denial notice since I haven't got one w/o which I can't know why it was denied ??

c) Motion to reopen/ Appeal - Are these one and the same ? How to go about it? Is there a form or any info avail as to how to go about motion to reopen?? How soon can I expect to receive a response on this?

d) Is there a time limit to file the motion? If so when does it start, esp since I haven't received a denial notice yet? and from the Last Upd Date, it looks like my denial might have happened on 06/23/04 or before

e) Status of my 7th year H1 , if 485 is denied?

f) Is it the beneficiary(me) or the petitioner ( employer) who has the right to file motion to reopen/ Appeal ? Can I go about this with any attorney w/o employer's assistance.

I am aware that there are lots of gurus and activists ( dsatish, mockba, pingpong02,Edison_NJ, and the like here.....).Please share your thoughts, expereiences and lend me a helping hand..

-solicit
 
a) Is it the standard that denials are never updated as such on the USCIS website / phone ?? any hope left there..
INS is very inconsistent in updating web site and phone system for all types of scenarios. So one can always ignore those systems
b) How to get denial notice since I haven't got one w/o which I can't know why it was denied ??
It is very important for you to do a thorough follow up with INS regarding this letter. The letter might have gone to your lawyer. Ask him to double check. From Monday onwards, you got to call INS daily till you get the letter.
c) Motion to reopen/ Appeal - Are these one and the same ? How to go about it? Is there a form or any info avail as to how to go about motion to reopen?? How soon can I expect to receive a response on this?
They are one and same. There are lot of postings in this forum. Do a search on the key word "MTR" in this forum. Once you file it, it might take 6months to 1 yr for decision.
d) Is there a time limit to file the motion? If so when does it start, esp since I haven't received a denial notice yet? and from the Last Upd Date, it looks like my denial might have happened on 06/23/04 or before
Yes, there is a time limit . You have to file within 30 days of getting the denial (not sure if it is date denied or date received by you). You are in a danger of missing out on this dead line. So you need to hurry up fast.
e) Status of my 7th year H1 , if 485 is denied?
Not sure. Ask the new lawyer
f) Is it the beneficiary(me) or the petitioner ( employer) who has the right to file motion to reopen/ Appeal ? Can I go about this with any attorney w/o employer's assistance.
I485 is your application, not your employer's. So you have to file the MTR (Motion To Re open). It is better to get it filed with a good lawyer rather than a inhouse lawyer. I suggest that you contact Rajiv Khanna and ask the Fees and go ahead if you can afford that fees. His contact info can be found on all the web pages of this forum

I think that your I485 is denied because they (INS) might have felt that you have abandoned the I485 by not going for the FP2 on the scheduled date. You should have rescheduled before the FP date or you should have made it on that day.
 
Thanks dsatish & unitednations for your advice and guidance..

"b) How to get denial notice since I haven't got one w/o which I can't know why it was denied ??

USCIS - customer service 1800 number asking for a duplicate (on my denial, I did not receive directly any of the notices, lawyer got every one of them). "


Unitednations,

Were you able to get the duplicate denial notice by calling USCIS-customer service urself or your attorney did it for you?

Since my status still shows pending, and since 485 processing time still shows Feb 15 ( my RD 03/27/2002), I am really puzzled as to whether the CS rep would read the same status and ask me to call back after the processing dates have passed w/o giving me a chance to talk to the Tier 2 and ask for denial notice.

Please share your thoughts...

Thanks
-solicit
 
solicit,

did you change the job using AC21?

please share the denial reason when you come to know.

Good luck!
 
Call USCIS ask date of denail. if you not crossed 33 day's of denail. Then apply MTR 290B ASAP.





solicit said:
Gurus,

Here's my scenario as best as I can explain..

Got notice from USCIS stating that my EAD renewal ( I-765) was denied because the underlying 485 was denied. I haven't todate received 485 denial notice from USCIS . My status online for both EAD and 485 stil shows as application received and this case can take xxx days . My AP was approved on 06/08/04 and the last updated date for my 485 and 765 shows up as 06/26/04 and 07/05/04 respectively. I am presently on my 7th year H1.

My 485 ( non concurrent, I-140 approved in Feb 2002) case is pretty simple/ straight forward but for two exceptions.

1. Labor substitution

2. I couldn't do my FP2 as per notice, but had requested FP - ASC for a reschedule to couple of months down the line. ASC had written back asking me to write to VSC for a reschedule, which I had done along with the letter from ASC, but hasn't heard anything from VSC on that.

My attorney is an inhouse one for my employer and is not familiar with dealing with out of the norm scenarios. Would be grateful if any of you can shed some light on what to do ??

a) Is it the standard that denials are never updated as such on the USCIS website / phone ?? any hope left there..

b) How to get denial notice since I haven't got one w/o which I can't know why it was denied ??

c) Motion to reopen/ Appeal - Are these one and the same ? How to go about it? Is there a form or any info avail as to how to go about motion to reopen?? How soon can I expect to receive a response on this?

d) Is there a time limit to file the motion? If so when does it start, esp since I haven't received a denial notice yet? and from the Last Upd Date, it looks like my denial might have happened on 06/23/04 or before

e) Status of my 7th year H1 , if 485 is denied?

f) Is it the beneficiary(me) or the petitioner ( employer) who has the right to file motion to reopen/ Appeal ? Can I go about this with any attorney w/o employer's assistance.

I am aware that there are lots of gurus and activists ( dsatish, mockba, pingpong02,Edison_NJ, and the like here.....).Please share your thoughts, expereiences and lend me a helping hand..

-solicit
Click to expand...
 
a) Is it the standard that denials are never updated as such on the USCIS website / phone ?? any hope left there..

With USCIS, anything is possible. My denial never got updated even a year after denying.

b) How to get denial notice since I haven't got one w/o which I can't know why it was denied ??
This is tricky. You can call 1-800 number it won't help you a lot. Try sending FAX to VSC and VSC Director. Send the letter in mail, contact your lawyer and ask him to send a letter to VSC. Approach your local Congressman and Senators. Note that you have to do everything possible to get that denial notice. All these are independent activities and you should try all of them in parallel.

c) Motion to reopen/ Appeal - Are these one and the same ? How to go about it? Is there a form or any info avail as to how to go about motion to reopen?? How soon can I expect to receive a response on this?

Motion to Reopen (MTR) and Motion to Reconsider in front of Comissioner (MOTIC) all are same and is nothing but appeal. You can ask any expert lawyer to do this. Some charge more some less. There is NO form to fill-up. A letter from lawyer asking to reconsider decision based on section xx.yy of immigration law. Lawyer will attach the copy of denial along with supporting documents.

d) Is there a time limit to file the motion? If so when does it start, esp since I haven't received a denial notice yet? and from the Last Upd Date, it looks like my denial might have happened on 06/23/04 or before

Yes, 30 days that starts from date of denial.

e) Status of my 7th year H1 , if 485 is denied?

As long as your H is valid, you are in status and can work but you need to appeal to get your GC back on track.

f) Is it the beneficiary(me) or the petitioner ( employer) who has the right to file motion to reopen/ Appeal ? Can I go about this with any attorney w/o employer's assistance.

Anyone can appeal but I suggest hire a good attorney. This is not the time to do yourself. If you think your employer's lawyer is not confident search for a good lawyer in your area. The geographical proximity can help in long run.


DO NOT WORRY BUT ACT FAST.
 
I think the 7th year H1 may not be valid any more- as it is based on pending petition. If pending petition is adjucated (denied/approved etc)- H1 should become invalid. Confirm with lawyer.
HTH
 
If you read your FP notice, CIS clearly mentioned that they will deny I485 application if you're not doing it on time or reschedule accordingly. In this case, I don't think CIS will communicate about your denial. I believe, this is one of the reason.

Try to collect as much documents as you can about your ASC communication, some how CIS didn't get the right information from ASC or forgot to update your record when you have rescheduled your FP.

This is one of the reason, why some one should take FP on time.
 
I am getting to a stage where I am getting all the more confused on this whole denial..

Had a bad start for the day with a CSR at NCSC, who wouldn't budge to connect to anyone else after her own checking up on the system to state that it's pending as per the system, but kept advising me to write a letter to VSC director stating my concerns. When I suggested how time critical it was for me to get the denial letter to file MTR, her response was send the letter by overnight..!!

On the other hand, my company attorney seems to have been successful in getting to an IIO thru the CSR -> Supervisor -> IIO route
and states that IIO's system does not reflect denial... Attorney says IIO is seing a different system with more info than the USCIS website and what CSRs see..

Any ideas on this ??? Has any of your attorneys been able to get any valid info from IIOs in the post NCSC days??..
 
I do know if this will work or not but you may want to go to the Local INS and put forward your concerns to the IIO there.

The IIO at the local INS office may be able to help you.

All the Best.
 
Can I file a new 485 based on my I-140 again ??

I am still waiting for my I-485 denial letter from VSC. My Fax, Attorney's Fax, and letter to director hasn't yet yielded any perceptible results.

Only info which I was able to gather was thru the congressional liason at VSC, who verified the system and confirmed that the case was denied. According to her, the denial letter hasn't gone out yet and so I might not have run out of time yet.

Meanwhile, few sources suggested me to file for a fresh I-485 even as I wait for the MTR process. My 485 which was denied was based on an approved I-140 in Feb 2002.

a ) Is it possible to file a new I-485 based on the same approved I-140 from Feb'02. Are there any guidelines available on that ?

b) Any risks in going ahead with the MTR and new I-485 based on the same I-140

c) Do the approved I-140 gets invalidated or so when the 485 is denied??

Would be extremely grateful, if all the gurus out here would share your experiences / thoughts.

-solicit
 
File MTR within 30 days from date of denial

My case got denied June 2003. I filed MTR in July 2003.

Case approved on July 14th, 2004. Waiting for approval Notice. Please read all messages with my user id i.e anamica . You will understand my case. As long as if there is no mistake with your case you don't need to worry. Along with me couple of other guys case also denied during that time. we all got approved recently.

Please see messages posted by LongGC, Joyin55, raja0719 ..

we all got approved after filing MTR. all of our cases got denied for different reasons from different service centers.

Read below link to listen our stories..

http://boards.immigrationportal.com/showthread.php?t=82082&page=3&pp=15
 
Solicit,

If 485 is denied you can file MTR or start fresh with another 485. But I suggest you wait for denial letter.

485 is based on approved I-140. If I-140 is revoked then 485 can not be filed. It would need to be appealed unless you would like to file another I-140.

Without the denial letter, it is like shooting in dark. It is a good news that the time clock had not started. But you would need to explain to the Congressman the seriousness of issue so that VSC tells you the reason for denial. Then you can take your course of action. Meanwhile, prepare all defensive work, gather all information, talk to different attorneys and decide which one would you go for. Use the time to constructively work for you.

Consider yourself to be lucky as I had only 9 days when I heard denial and when I filed MTR!!! It was almost a thatched roof collapsing on me.
 
Thanks longGC, Anamica for your guidance.

Immigration aide for the congress has been helpful. She realised the gravity of the situation and was quick to establish the contact with the congressional liaison at VSC. I was told that I should receive the denial notice this week. It looks like there is some reason to believe that since the LUD for 485 has changed today, though the status still shows as pending. I am also told that there is a likelyhood that my I-485 might have been denied w/o an option to file for 'MTR'.



It's almost sure that I-485 has been denied because of lack of FP. My 140 was approved in Feb 2002. If my I-485 was denied for causes not related to I-140 , does my I-140 still remain valid ??

Can I file a fresh I-485 based on the original approved I-140 from Feb '02. ??


Any thoughts or pointers on this ??

Thanks,
-solicit
 
Denied I-485, never received Notice of denial or intent to deny

solicit said:
Thanks longGC, Anamica for your guidance.

Immigration aide for the congress has been helpful. She realised the gravity of the situation and was quick to establish the contact with the congressional liaison at VSC. I was told that I should receive the denial notice this week. It looks like there is some reason to believe that since the LUD for 485 has changed today, though the status still shows as pending. I am also told that there is a likelyhood that my I-485 might have been denied w/o an option to file for 'MTR'.



It's almost sure that I-485 has been denied because of lack of FP. My 140 was approved in Feb 2002. If my I-485 was denied for causes not related to I-140 , does my I-140 still remain valid ??

Can I file a fresh I-485 based on the original approved I-140 from Feb '02. ??


Any thoughts or pointers on this ??

Thanks,
-solicit
Click to expand...


Hello Solicit. I am also going through the same issue with you. I was lucky to have gone to the Houston DO to renew my EAD and was told that I wa not eligible bcos my I-485 was denied. I never received a Notice of Intent to Deny nor a denial notice. I asked for a copy of the notice, but they coudl not provide me with one. I asked for which address it was sent to, they could not tell me. What Morons those guys are I tell you.

This is my own situation:

*I filed a marriage based I-485 in Dec 2003
*1st FP was Jan. 2004
*1st approved EAD April. 2004
*2nd approved EAD Sept. 2004
*Interview was Dec. 2004 :rolleyes:
*USCIS claims that they sent a Notice of intent to deny in May 2005. Never ever received such a notice. They can't even provide me with a copy of the notice. :mad: :mad:
*Immigration officer called me on Aug 2005 to attend FP on 8/16/2005 :D
*Missed 2nd FP bcos i was seriously ill. Letter noted that I could attend FP any other date after 8/16/05 for 84 days.
*I-485 denied Aug. 17, 2005 :confused:
*attended 2nd FP Aug 22, 2005
*filed MTR Sept 2005
*MTR approved/denied????? have no idea when this one will be opened. I hope pretty soon though. :confused:


I intend to wait till the middle of next month and then I'll file new I-485,I-765,I-130. Hope that everything works out okay.

I suggest u file a new I-485. I have no experience with I-140 so i can't advise you on that issue.

I wish you the best of lucks and God guidance.
 
Solicit

Solicit,

Sorry to hear about your 485 denial. It is good that you filed MTR. It can take a long time. However, track your dates and see if similar cases are moving. You then need to follow up rigorously with service center through Senators and Congressman. If you do not, you will never get a reply.
 
You must log in or register to reply here.
Top