Help !! I-485 Denied

C

crystalview

Registered Users (C)
My attorny just faxed me the BCIS denial letter on me and my spouse stating that "BCIS sent out at least two FP requests, to old and new address and we did not appear for the FPs ....".

The 1st FP directly came to us, and since then neither we nor our attorney received any additional FPs. Besides, we did not change address at all. There is no change in the online message about the denial, only attorney received the denial letter, BCIS did not send a copy of it to us !! on the denial letter, they even mistakely put my spouse's I-485 RD date as 1998 (???).

Right now, I am on 7th year H-1B visa, am I still in valid status ?
3rd EAD just got approved 3 weeks ago, still valid ? (though I am still using 7th year H-1B visa).

Attorney is going to file Motion to Reopen which is due in 10 days and suggest me to file a new I-485 immediately for safety.

Anyone knows how long MTR takes at Texas ? and my status during MTR ? can I still extend my 8th H-1B visa ? Thanks,


NIW (concurrently)
RD 03/2003 (I-140/I-485)
AD 07/2004 (I-140)

FP 06/2003 (CIS online message, on 06 xx, 2003, FP received, resumed)
RFE (spouse) 08/2004 (CIS acked, CIS message, on xxx, we received ...)
 
Sorry about what happened, that's so terrible! It does seem like all fault was on the part of the CIS.. So once the mess is fixed, you are going to be approved soon, after all your case is NIW!!

In terms of your status, I think, in theory you are out of staus -- i.e. as soon as the notice of denial is issued, your case is no longer pending. BUT there is always a grace period -- I forgot how long the grace period is, perhaps 30 days. As you said, you are reopening the case, and so your status is going to be o.k..

Applying for a new I-485!? Have you tried getting a second opinion? May be that's a safe way, but just make sure that your lawyer is not taking advantage of you!!
 
Don't worry, it happened with many of applicant, it may take some time but they would approve it once FP done and they get results back from agn.

Good Luck
 
Thanks, Hang-in-there for your message.

Really do not know what's going on with BCIS, both my spouse and I have been in US for more than 10 years, maintaining in legal status all the time and am both working hard on H-1B visa for different pretigious companies.

There are not too many options for me, the attorney will charge me for $1500 for the MTR and a new I-485. It is all right to me as long as things work out.

Anyone with MTR experience at TSC ? Thanks,

God bless me !
 
crystalview said:
Thanks, Hang-in-there for your message.

Really do not know what's going on with BCIS, both my spouse and I have been in US for more than 10 years, maintaining in legal status all the time and am both working hard on H-1B visa for different pretigious companies.

There are not too many options for me, the attorney will charge me for $1500 for the MTR and a new I-485. It is all right to me as long as things work out.

Anyone with MTR experience at TSC ? Thanks,

God bless me !
Click to expand...
check these MTR threads

http://boards.immigration.com/search.php?searchid=1143971
 
Thanks,

I received 3rd EAD card two weeks ago (though have not used them), and one week later, LUD changed on our I-485s while no message change. Today, the denial letter. Hope everything will be ok.

where can I find the I-290 forms for MTR ? on BCIS website, only the form for AAO. Thanks,
 
crystalview, I don't believe this.
How can USCIS make such mistake. Did you tried calling them directly ? Can't your lawyer appeal the case immediately?
I'm going to keep you in my prayers. Please keep us posted on your case.
 
Thank you PrinceofJungle.

Anyone know the case status of "LONGWAIT98" who had similar experience as us ? I search the forum and could not find any follow-up messages posted by Longwait98 on his case ? Thanks,







#1 24th September 2004, 07:40 AM longwait98
Registered User Join Date: Jul 2004
Posts: 5

I-485 denied

--------------------------------------------------------------------------------

My I-485 has been denied, saying that I never responded to fingerprint notices. I or my lawyer never received the Fingerprint notices. My lawyer is trying to open the case again.

My first fingerprints expired in Mar, 04. I was waiting for the second fingerprint notice.

Problem: I am in India on a business trip. My wife and kid are in U.S.
Can I still use the advance parole to come back to U.S. or will I face problems at port of entry, since the I-485 has been denied. It may take a while before the case is opened.

Any feedback is appreciated.

ND and RD dates are January 2002.
 
crystalview said:
Thanks, Hang-in-there for your message.

Really do not know what's going on with BCIS, both my spouse and I have been in US for more than 10 years, maintaining in legal status all the time and am both working hard on H-1B visa for different pretigious companies.

There are not too many options for me, the attorney will charge me for $1500 for the MTR and a new I-485. It is all right to me as long as things work out.

Anyone with MTR experience at TSC ? Thanks,

God bless me !
Click to expand...

Crystalview did you verify your address with BCIS. Also does BCIS have your lawyer's address? I feel sorry for what you have to go through because of BCIS lapse. Sit tight and everything will be fine.
 
Both myself and my spouse received 3rd EAD card (though did not use them at all) two weeks ago to our same address as in I-485, we did not change address at all.

The attorney did change address last August, however the denial letter shows that it was still addressed to attorney's old mailing address.

(The attorney may have notifed BCIS about the change of address, however, he still collect the mails once a week at the old mailing address).

Anyone knows if FP notice goes to applicants or attorney, my 1st FP came directly to us. The attorny went through his files and did not find any FP notices either.
 
MVUSA:

I have called a couple of times BCIS customer service after they received RFE of my wife in August, 2004 and also about our expired 1st FPs. However, they just read my online message and ask us to wait because of the reported processing time. Besides, I did not see any change in our online status message on I-485/I-140 or recently approved EADs.

Maybe, the renewal of EAD make BCIS suspect that we are using it and work in other areas ? who knows.
 
PrinceofJungle:

Many thanks for the form website, but I still can not find the I-290 form for MTR, only for AAO. Just want to find the form to have some ideas. Anyone know where can I find the MTR form ? Thanks,

To MVUSA: My spouse and I have different mailing address on I-485s, both of us did not change the address after filing I-485s, none of us and the attorney received 2nd FPs notice, which the denial letter claims that they sent out at least two FP notice while we did not show up for the FP.
 
Approval Speculation

Hi,

Would you like to share your anxiety of I-485 approval.you are almost there.Even after retrogression yous is now current since PD moved to JUN 2nd 2002 and yours is June 2002.So to me it is very logical that yours should get approval any day from now.

Thanks

AAARAV123
 
Talk To TSC directly

I am sorry to hear about your case.
Since a decision is made on your case you can directly talk to TSC. Explain your situation and ask them how to proceed. You never know, you may
get information from them.
18003755283 then press '1'.

Good luck.
 
Crystalview

The form for MRT is the same 290. Just file it within 30 days after denial issue.
Scince you are on H1b , you can wait until your 485 will be reopen.
Pending MRT authorize you to stay in US but dose not provide legal status.
MRT approval may be speedy but may also take some time.
If you are unable to extend H1b, file new 485 before your status expires.
It will cost you some money but that way you will be safe. GL
 
filing a new 485 (along with a separate MTR) is a very good advice by your attorney. New pending 485 will give you legal status PLUS its very possible that it gets adjudicated before your MTR. MTR's are oddballs, sometimes adjudicated quickly but mostly take longer time. When you file new 485 you can include in the cover letter that the previous 485 was erroneously denied (for which ever reason, you can expound on that) and for the interest of time you are filing a new 485. My new 485 got approved in 6 months (MTR is still pending !!!...but then this was NSC and not CSC). BTW, why did you skip your FP's???
Best Wishes
 
Hi, Rdip:

Thanks for your valuable advice.
I did not skip FP, we've done my 1st FP after two months of our I-485 RD in March 2003, right now, my online status message still shows "on June xx, 2003, we received.... resumed". Since then, neither we and attorney received any FP request". I also called customer service and they confirmed that in his computer, it only shows one FP request in May, 2003. However on the denial letter to my attorny "It addressed to My NAME c/o attorney, attorney's address", it says" ....be denied for the following reason: This office has mailed at least two fingerprint appointment notices to your address, including the latest change of address received from you. You have not appeared for printing. You have failed to meet the requirements of 8 CFR 103.2(e); therefore, your application is denied, sincererly, Evelyn M Upcharuch,". Weirdly, in the letter, it did not give me any options, i.e MTR, appeal. However, my attorney will go for MTR and file a new I-485.

This BCIS mistake really make me sleepless.
 
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