How to switch to H1? I 485 denied!!! Urgent!!!

J

jayanrag

Registered Users (C)
Gurus,

Mine is a peculiar case. I was working on my EAD and my 485 got denied. My lawyer has advised me to switch to H1 immediately. Do I have to leave the country to get H1 or can I do an H1 staying in the US? Please reply ASAP with any information.

Thanks,
jayanrag
 
Reason for denying the GC

jayanrag,
It is very bad. I don't think that you can convert to again H1B? Did you complete 6 years period? Can you tell me the reason for denying your application?

Nonsy
 
sorry I can't help you jayanrag, hopefully you will be able to do something. My attorney has also told me that "if" we get denied we could switch to working on H1-B, but we are beyond the 6 year limit too. I hav eno idea what it means. Have you also posted this in the H1 section of the forum?

good luck- my wishes are with you
 
What's the reason for denial?

What's the reason for your I485 denial? Don't you have the option to appeal? Don't you have grace period to legally stay in the US during the time of appeal? Did you get your REF before denial? What's it about? Didn't your lawyer handle the REF too well?
 
All,

I do have two years on my H1 left. The lawyers I have spoken to have said that I will have to leave the country and get the H1 stamped. I am trying to find out if there is any way I can get the H1 and continue working without leaving the country.

Jayanrag
 
Reason for Denial...

Sorry to hear about your denial.. Did you try to find out what is the reason for denial?

Good Luck!
 
I am very sorry to hear. It is very unfortunate. Could u please tell us why ur 485 is denied.

Did u leave ur sponsoring employer? If not, u can leave usa and get h1 stamp at us consulate or us embassy since u already used ead.

If u already left ur sponsoring employer, u should talk to ur sponsoring employer about getting h1 and then leave usa and get h1 stamp. Or u should talk to ur current employer (non-sponsoring employer) about getting a new 2 years h1 visa and file new labor, 140/485. But it is very unlikely because u have 2 years. Hope perm labor would be launched this year and then file concurrent files.

Other option is to try an appeal for ur 485.
 
jayanrag ,

There is no rerason to worry !, YOU CAN STILL APPLY FOR THE H1B1 EXTENTION BASED UPON YOUR APPROVED LABOR CERTIFICATION UNDER SECTION AC21.

Plese let me know your full story so that I can help you out !,You no need to leave the country as long as you get the valid I-94 card
 
What's the reason for denial?

Hi,

Can you please tell us the reason for denial?

NSC GC
 
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Revoke485/USGC485 and others,

Thanks a lot for your feedback.
My 485 was denied because my I 140 was revoked by my previous employer. Although I used AC21 to change jobs and 485 was pending >180 days my previous employer used to a backdated letter to revoke I 140.

Unfortunately the 485 was denied on Aug 31st but neither I nor my present lawyer received the denial notice. I came to know of the deinial this week in response to my EAD renewal.

At this point my first priority is to get back on H1 ASAP. My new employer's lawyers are going to send the papers on mOnday for premium processing but they are asking me to go to india to get it stamped before I can resume work.

Revoke485, can you please elaborate how I can use AC21 to get the H1 approved with I 94; thereby avoiding going to INDIA for consulate interview. I would appreciate any response at the earliest folks.
Thanks in advance.
 
jayanrag

This site http://www.murthy.com/news/UDportme.html has the article about what you can do after your I-140 was revoked. Hope this help.

Have your I-140 approved before you changing job?

According to AC21, if the I-140 petition has been approved and the I-485 applicant takes a new job in a "same or similar" position after the I-485 application has been pending 180 days or longer, then the underlying I-140 petition remains valid under AC21.
 
The memo clearly states that the 485 has to be pending for more than 180 days, before revocation. How do you know that your employers letter revoking your petition was sent or received by USCIS before 180 days. He can put any date on the letter. I believe what is important here is for you to prove that when the USCIS received his letter your 485 was already pending more than 180 days. If you can do that you should be able to file an appeal. Your lawyer I believe can get a copy of the revocation letter from USCIS.
 
What was your status from the period your 485 was denied till now. Have you accumulated any lawful presence. When did your I94 expire? Will you be subject to three or ten year ban? Have you asked all questions to your lawyer? August 31 was almost ten months ago. Is this the correct date and no typo. If this is correct and your I-94 has also expired then there may be issues with your status from the time the 485 was denied. I am not an expert on AC 21 etc but it is better to clarify all questions even the stupidest ones before you take any action especially going to India for visa stamping.
 
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tangohi said:
The memo clearly states that the 485 has to be pending for more than 180 days, before revocation. How do you know that your employers letter revoking your petition was sent or received by USCIS before 180 days. He can put any date on the letter.
I believe what is important here is for you to prove that when the USCIS received his letter
----------- that is correct and USCIS has to prove that they recieved letter on XYZ date, poster need to contact a good lawyer
your 485 was already pending more than 180 days. If you can do that you should be able to file an appeal.
----------------- that is correct his lawyer file an appeal
Your lawyer I believe can get a copy of the revocation letter from USCIS.
-------- that is true and if lawyer is AILA member he can get it also through AILA laison.
Click to expand...
 
jayanrag said:
Revoke485/USGC485 and others,

Thanks a lot for your feedback.
My 485 was denied because my I 140 was revoked by my previous employer.
----------provide the info:
what date LC was filed?
what date I-140 was filed
what date I-140 approved
what date i-485 filed
when EAD was filed
what is written on I-485 denial notice???

Although I used AC21 to change jobs and 485 was pending >180 days

my previous employer used to a backdated letter to revoke I 140.
------------- how you can say that? do you have any proof?? did the USCIS informed you that employer revoked I-140 on XYZ date? what is that date??
Unfortunately the 485 was denied on Aug 31st but neither I nor my present lawyer received the denial notice.
----------------------- did your present lawyer sent G28 that he represent you for I-485???
I came to know of the deinial this week in response to my EAD renewal.

At this point my first priority is to get back on H1 ASAP.
---------------------- you you on H1 status? if used EAD when started using EAD, when did your I-94 expire??

if the I-485 was denied August 31,2004 and I-94 is expired then I dont think the USCIS will approve H1, the day you used EAD you were not on H1 and according to I-485 denied Aug 31,2004 your stay is illegal in US
My new employer's lawyers are going to send the papers on mOnday for premium processing but they are asking me to go to india to get it stamped before I can resume work.
--------------------- did the lawyer know that you stay after August31,2004 is illegal? how he can file H1? if you were working or staying illegaly after August 31 then USCIS is not going to approve the H1
Revoke485, can you please elaborate how I can use AC21 to get the H1 approved with I 94;
thereby avoiding going to INDIA for consulate interview. I would appreciate any response at the earliest folks.
************* better go for appeal through good lawyer
Thanks in advance.
Click to expand...
 
Ginnu,

if I-94 is still valid in a future date (i-94 based on Advance Parole Entry) and in case 485 is denied and the person is already using EAD for work

what are the possible remedies in such a case?
 
Nonsy said:
jayanrag,
It is very bad. I don't think that you can convert to again H1B? Did you complete 6 years period? Can you tell me the reason for denying your application?

Nonsy
Click to expand...
 
I think, What Ginnu saying is correct. You can appeal your case. You make an appointment with Good Lawyers like sheela Murthy and Rajiv. You try one time. I donno now whether you opened your case or no. You started this thread on January.

Good Luck.
 
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