I-140 & I-485 denied please help

5

5 adams lane

Registered Users (C)
Hello all ,

My I-140 and I-485 was denied . I got a mail about my I-485 denial yesterday giving "Title 8 , code of federal regulations, in part 245.2(a)(2)(i)" as the reason. I am not sure about why I-140 was denied. I have my h1 valid till the end of Dec 2005.

Questions -
1.What does 245.2(a)(2)(i) mean in plain english ?
2.Can I appeal against the denial ?
3.Will I be able to apply for an 7th year extension of my h1 now that my
I-140 is rejected ?
4.What are my options to continue working in this country ?

Thanks in advance .

-PK-
 
5 adams lane said:
Hello all ,

My I-140 and I-485 was denied . I got a mail about my I-485 denial yesterday giving "Title 8 , code of federal regulations, in part 245.2(a)(2)(i)" as the reason. I am not sure about why I-140 was denied. I have my h1 valid till the end of Dec 2005.

Questions -
1.What does 245.2(a)(2)(i) mean in plain english ?
2.Can I appeal against the denial ?
3.Will I be able to apply for an 7th year extension of my h1 now that my
I-140 is rejected ?
4.What are my options to continue working in this country ?

Thanks in advance .

-PK-
Click to expand...

1.

(1) Under section 245. (A) An immigrant visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act. See § 245.l(g)(1) to determine whether an immigrant visa is immediately available.



(B) If at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i) or section 203(b) (1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary’s adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service

has approved the visa petition.


(C) A visa petition and an adjustment application are concurrently filed only if:


(1) The visa petitioner and adjustment applicant each file their respective form at the same time, bundled together within a single mailer or delivery packet, with the proper filing fees on the same day and at the same Service office, or;


(2) The visa petitioner filed the visa petition, for which a visa number has become immediately available, on, before or after July 31, 2002, and the adjustment applicant files the adjustment application, together with the proper filing fee and a copy of the Form 1-797, Notice of Action, establishing the receipt and acceptance by the Service of the underlying Form 1-140 visa petition, at the same Service office at which the visa petitioner filed the visa petition, or;


(3) The visa petitioner filed the visa petition, for which a visa number has become immediately available, on, before, or after July 31, 2002, and the adjustment applicant files the adjustment application, together with proof of payment of the filing fee with the Service and a copy of’ the Form 1-797 Notice of Action establishing the receipt and acceptance by the Service of the underlying 1-140 visa petition, with the Immigration Court or the Board of Immigration Appeals when jurisdiction lies under Section 8 C.F.R. Section 245.2(a)(1).

For policy guidance check:

http://www.immigrationonline.com/news/news07022003.asp

Was your 140 revoked or any RFE not responded?

2. You can appeal against 140 denial and once successful, get 485 on track again.

3. No.

4. EAD, if you have sufficient time left on it.

Check the reason of your 140 denial.
 
Thanks for the quick response. Will get to know more about why my I-140 was denied tomorrow after I talk to my attorney. May be I am jumping the gun here but want to be prepared for the worst . Can I ask my employer to file for I-140 again if the appeal is denied . Also I did see in some other posts that while the I-140 denial is being appealed you can apply for an extension of H1. Is this true ?
 
I spoke to my company they told me that the I-140 (EB2) and I-485 was denied because of educational qualification reasons . I did not have 5 years of Experience when i joined this company but have a masters degree from India. My attorney seems to have screwed up while evaluating my Indian degree. He said he is going to get a better evaluation of my degree and then fix it. Any body in this forum who has a similar problem and got it fixed ?
 

The best person to guide you in this matter will be UnitedNations. Draw his attention to your post and ask him his opinion.
 
5 adams lane said:
I spoke to my company they told me that the I-140 (EB2) and I-485 was denied because of educational qualification reasons . I did not have 5 years of Experience when i joined this company but have a masters degree from India. My attorney seems to have screwed up while evaluating my Indian degree. He said he is going to get a better evaluation of my degree and then fix it. Any body in this forum who has a similar problem and got it fixed ?
Click to expand...

Check this post:

http://boards.immigration.com/showthread.php?p=1080548#post1080548

Contains everything that perhaps you need at this point.
 
:) Thanks for all your help . My attorney sent a new educational evaluation certificate and my I-140 was approved in two weeks time .
 
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