Hardon and others- please help!

J

jaberwocky

Registered Users (C)
Was on H1 (completed 2004). EB1 applied 2003. EB2 NIW 2003. EB1 approved oct 2005. 1 month later, INS response to revoke the EB1 as they approved it in error! Attached letters form senators etc. Mean while I 140 from EB2 approved on 2/7/06. Requested transfer of I485 from EB1 to EB2. Response to I 140 of EB1 today- denied. Our I485 is attached to EB1. service center- Nebraska. Lawyer- high profile NY.
- Any experience with transfers of I485 from a now denied petition to an approved petition?
- if transfer denied, then can another independent I485 to the EB2 (approved140) be applied?

Had gotten good advice from Hardon etc on this forum. PLease help.
Jaberwocky
 
This really stinks. Only USCIS, and particularly NSC can play such a cruel joke with a highly trained professional.

> - Any experience with transfers of I485 from a now denied petition
> to an approved petition?

It is my understanding that a concurrently filed I485 disappears into a cloud of white smoke the moment the underlying I140 is denied. It just looses its 'foundation' and ceases to exist.
You will probably get a denial on the I485 pretty soon (usually however, the denial will say something like: 'a search of our records has not shown any other approved immigrant petition on your behalf'. so there is a faint hope that they might actually do just that: check whether there is another valid I140).

> - if transfer denied, then can another independent I485 to the
> EB2 (approved140) be applied?

I honestly don't think that they will allow you to transfer. My understanding is (I believe it is a Yates memo) that you can only transfer from one approved to another approved I140.

You will however be able to file a NEW I485 based on your EB-2 petition. You might want to file this right away so you have it pending once the denial comes in. It is a pain in the a#_)(* and plenty of unneccessary redundant expense, but you might be forced to do this in order to maintain lawful status. (you can have 2 I485s active at a given time. it creates potential for mixups, but it is legal to do so).

What does your high-priced attorney have to say to this mess ?
 
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On a lighter note!

Hi Guys,

PLEASE people, get the guys name right. He is not a "Viagra" saturated Hardon as some of you keep spelling his pen name. I have seen it a few times before as well. It is HADRON.
Anyway we are all happy for his presence and advise, we appreciate it is not legal advise but often times it is more accurate and atleast honest than such frequently highly paid advise.
Keep up the good work..............Hadron!
Considering how much disadvantage many of us FMGs are at starting out in the USA, the least we should have is quality and timely advise. I for one have suffered the consequences of misinformation. I am certain I am not alone, I am certain of this.
 
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Thanks, Hadron( sorry for the spelling error the last time),

Was out of state for a conference, could not access the web due to lack of time.
Well, Lawyer says only one I 485 can exist at any point. Its interesting that you say 2 can exist. If I need to check the legal basis for the number of I485, where can I find it?

Also, in process of filing a schedule A. We had filed for perm about 90 days ago, but have not heard a thing.

Some times, this is so frustrating....think India might be a decent option.

Jaberwocky
 
Well, Lawyer says only one I 485 can exist at any point. Its interesting that you say 2 can exist. If I need to check the legal basis for the number of I485, where can I find it?
Click to expand...

For the longest time, USCIS did not allow the filing of a second I485, they wanted to avoid that people just shotgunned I485s hoping that they could get enough EADs out of it to carry them through. And in the old days, there was no need to file more than one. You waited until your I140 was approved, and then you filed. Now, with concurrent filing, there are some situations where filing a second I485 makes sense.
When the issue came up for me, my big-shot overpaid attorney sent me a transcript from a AILA liasion meeting at NSC. The director of the adjudications center answered to a question to that effect that there is no rule prohibiting the filing of a second I485.
Also, when I went to the VSC customer service window (RiP) with someone a couple of years ago, the officer told me that I could file as many I485s as I please, but 'who would want to waste the filing fee'.....

Also, in process of filing a schedule A. We had filed for perm about 90 days ago, but have not heard a thing.
Click to expand...

Do you have a nursing degree ??

...think India might be a decent option.
Click to expand...

It might.
 
Hi,
No - wish I had a nursing degree- would have been easier to get a GC! Am a physician- subspecialist in an top academic center....doesnt matter to say the least !
Will keep you posted.

Jaberwocky
 
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