Grounds For 485 Denial

Too vague and abstract

Well...I certainly understand your concern. But your question is too abstract.

Rather than looking for various reasons for 485 denial, it is better to see if your case is eligible for denial.

It is similar to asking the doctor reasons for death rather than asking him whether you may die because of your complication.

No offense boss...
 
Say you are wanted in the Sep. 11 case.... you might be denied...


Does that help ??


I don't htink you were looking for anything more precise right..
 
will there be reasons for denial based on:

-difference in actual wage and LC wage
-applied for 485 and working without h1 or EAD
-change of company without notifyiing INS
-not working for sponsor employer during H1 or I140 stage
-a brief lapse on filing 485 after H1 expired
 
Originally posted by hayward_gc
-difference in actual wage and LC wage
-applied for 485 and working without h1 or EAD
-change of company without notifyiing INS
-not working for sponsor employer during H1 or I140 stage
-a brief lapse on filing 485 after H1 expired

1. Maybe. With AC21 a significant difference can be construed to mean a job that is not "similar" as required by statute.
2. Not necessarily if you are covered by 245k or 245i.
3. Shouldn't be a problem.
4. No problem.
5. If you are filing EB, then 245k will forgive lapeses of less than 180 days.
 
Originally posted by hayward_gc
but what is 245k or 245i?

Section 245 is the part of the Immigration and Naturalization Act that covers adjustment of status. No individual can adjust status if they have ever been out of status, unless they are covered by the exemptions listed in subsections i and k, hence the 245i and 245k references.

245k is only available to EB filers, and allows an out of status period of up to 180 days without penalty.

245i allows unlimited out of status periods with payment of a $1000 fine, provided your priority date is before April 30th, 2001 and you were physically present in the US on December 22nd, 2000.
 
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