behrooz123
New Member
On August 2002 my visa was changed from J-1 to H-1B valid until September 2005, on march 2003 I filed I140 and I-485. I departed USA on May 2003, and while I had applied for Advance Parole but at the time of my departure I was not in the possession of that (it was posted to me later on). I applied for H1B visa at one of American Cosuler in the Middel East but it was denied.
On February 2004, I appeared at a United State port of entry and were granted parole to resume the instant application for adjustment of status. Since then I started working for the same sponsor and also my EAD card was valid until June 2004 and I filed for another one which was denied at the same time when my I-485 was denied.
2 weeks ago my I140 was approved but at the same date but one week later we got a letter of denial for our I-485.
In part of the letter it says:
“Your departure from the United State has resulted in the abandonment of the instant application for adjustment of status due to the fact that you were not previously granted advance parole. Moreover, you do not meet the criteria of 8 CFR 245.2 (a) (4)(ii)(C) that would exempt you from the abandonment. Upon return, you were not in possession of a valid H or L nonimmigrant visa and you were not admitted to the United State in an H or L nonimmigrant classification.
Decision
Therefore, for the reasons stated above, your application must be and is hereby denied. The regulations do not provide for an appeal of this decision.”
on July 2005 we filed another I-481 based on approval of I-140 and also filed for EAD card. since then my wife has got her EAD card but for the rest of family are pending. my wife and 4 children were under H4, I asked for the change of my children's status to F1. they approved two of them and the other two are pending.
Her are my questions: I appreciate if you can clarify for me the following issues:
1- what is the best action for us to do?
2- what are the consequences for myself and my family?
3- in case of removal how long it will take time to be happened?
4- i am working. is it okay?
On February 2004, I appeared at a United State port of entry and were granted parole to resume the instant application for adjustment of status. Since then I started working for the same sponsor and also my EAD card was valid until June 2004 and I filed for another one which was denied at the same time when my I-485 was denied.
2 weeks ago my I140 was approved but at the same date but one week later we got a letter of denial for our I-485.
In part of the letter it says:
“Your departure from the United State has resulted in the abandonment of the instant application for adjustment of status due to the fact that you were not previously granted advance parole. Moreover, you do not meet the criteria of 8 CFR 245.2 (a) (4)(ii)(C) that would exempt you from the abandonment. Upon return, you were not in possession of a valid H or L nonimmigrant visa and you were not admitted to the United State in an H or L nonimmigrant classification.
Decision
Therefore, for the reasons stated above, your application must be and is hereby denied. The regulations do not provide for an appeal of this decision.”
on July 2005 we filed another I-481 based on approval of I-140 and also filed for EAD card. since then my wife has got her EAD card but for the rest of family are pending. my wife and 4 children were under H4, I asked for the change of my children's status to F1. they approved two of them and the other two are pending.
Her are my questions: I appreciate if you can clarify for me the following issues:
1- what is the best action for us to do?
2- what are the consequences for myself and my family?
3- in case of removal how long it will take time to be happened?
4- i am working. is it okay?
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