I-485 Denail Notice: Help Needed

whatsupsbk

Registered Users (C)
Hi All,

I received a notification from USCIS that they sent a "Denial Notice" for my I-485 application and my wife's I-485 application. They mentioned that they stated the reason in the document that they mailed. I am worried a lot about this. Could you please let me know what I should be doing now? What could possibly be the reason for Denial? If it is an RFE they don't have to Deny it. Moreover, my I-140 is not yet processed and I applied in EB3 category and my priority date is in 2003. I took a pre-approved labor from my employer and applied in August, 2007 when they had an extension after the official deadline for pre-approved labor on July 16, 2007.

I applied for I-140 and I-485 simultaneously.

Will this invalidate my EAD and my wife's EAD? Moreover, we applied for extension of our EAD and USCIS already deducted the amount of about $325 for each application.

I would really appreciate if you can give me some advise and information on this.

Thank you.

Please see below for the notification I received.


*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number:

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Denial Notice Sent

On August 20, 2008, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the August 20, 2008, please call customer service at 1-800-375-5283 for further assistance.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)
 

jk0274

Registered Users (C)
Your I-140 may have been denied (and if so you'll find out in the next day or two). Just wait until you see the reasons for denial and, based on that, you can file a motion to reopen or motion to reconsider based on what the denial notice states. Sometimes it's a misunderstanding on their part.
 

whatsupsbk

Registered Users (C)
Thank you very much for the response jk0274.

So, if my I-140 is denied and if I apply for a motion to reconsider, will my application to reconsider go back to the start of the queue for processing?

I took a pre-approved labor from my employer in EB3, does that mean the pre-approved labor requirement did not match my experience by 100%?
 

jk0274

Registered Users (C)
It could very well be.... but one can't tell until you get your notice what the actual reason is. If you file a motion, that has its own processing time as far as I know. It could be quick if it was a mistake on their part, or could be a few more months - it all depends!
 

whatsupsbk

Registered Users (C)
Thank you again jk0274.

I really appreciate your help and I think for the moment, I just have to keep my fingers crossed and wait for the reason for denial.
 

ginnu

Registered Users (C)
Hi All,

I received a notification from USCIS that they sent a "Denial Notice" for my I-485 application and my wife's I-485 application.
They mentioned that they stated the reason in the document that they mailed.
----------------------wait for notice, if filed by lawyer it will come to lawyer office
I am worried a lot about this. Could you please let me know what I should be doing now?
-----------------------depends on the reason for denial

What could possibly be the reason for Denial?

If it is an RFE they don't have to Deny it.
Moreover, my I-140 is not yet processed and I applied in EB3 category and my priority date is in 2003.
-----------------------if the LC was filed in 2003 (as you stated PD2003) do you mean I-140 was pending for 4 years?? one files the I-140 once LC gets approved . why the delay in your I-140 process?

I took a pre-approved labor from my employer and applied in August, 2007 when they had an extension after the official deadline for pre-approved labor on July 16, 2007.
--------------------------I suspect it has to do something with this pre-approved labor . if the LC was filed for person A and then based on that LC I-140 for A was also filed/approved and may be that person A filed I-485 with copy of I-140 filing reciept or with I-140 approval copy and then used AC21 after I-485 pending more than 180 days and got GC. if that is the situation then you wont get anything as that LC has been used for A I-140. if I-140 was approved for A and later employer revoked that I-140 but A pending I-485 hit 180 days then A became eligible for AC21 and may have been approved.. you can find the more info from your employer regarding if LC was used for A I-140.

I applied for I-140 and I-485 simultaneously.

Will this invalidate my EAD and my wife's EAD?
----------------YES, EAD, AP are based on pending I-485

Moreover, we applied for extension of our EAD and USCIS already deducted the amount of about $325 for each application.

I would really appreciate if you can give me some advise and information on this.

Thank you.

Please see below for the notification I received.


*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number:

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Denial Notice Sent

On August 20, 2008, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the August 20, 2008, please call customer service at 1-800-375-5283 for further assistance.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.


Sincerely,


The U.S. Citizenship and Immigration Services (USCIS)

--------------------------------
 

whatsupsbk

Registered Users (C)
Thank you for your response ginnu. What you said makes sense. I will have to find out how far A's I-140 went in the GC process.
 

ginnu

Registered Users (C)
Thank you for your response ginnu. What you said makes sense. I will have to find out how far A's I-140 went in the GC process.

Wait for the denial notice and dig about that LC and if I-140 based on that LC was filed. What I wrote is my guess and the actual reason will be on the notice. If you get Info from your employer update us so that others can read in future for similar case.


*** did you use EAD?
are you still on H1 status?
did your spouse used EAD?
Good Luck!!
 

Jackolantern

Registered Users (C)
I took a pre-approved labor from my employer and applied in August, 2007 when they had an extension after the official deadline for pre-approved labor on July 16, 2007.
They did not extend the deadline to use preapproved labor. The extension was only for the visa bulletin. You were denied for using labor substitution after July 16, 2007, if you did not file the I-140 by that date.
 

banta4gc

Registered Users (C)
Well, there could be number of reasons for I-485 denial....It could have been triggered by one of the three buckets (1) Labor denial (2) I-140 denial (3) I-485 denial

(1) Labor denial
- Fraudulent Labor Filing
- Lawyer Fraud
- Employer fraud - Black-listed employer
- Reuse of Labor for more than 1 employee
(2) I-140 denial
- Inability for employer to pay the wages
- fraudulent declaration on the application (incorrect tax statement etc)
(3) I-485 denial
- Out of the status in US stay, beyond the 6 month limit (245k)
- AC21 resulting in multiple GCs (for original applicant / substituted applicant) - GRAY AREA???

stay in touch with lawyer or Call USCIS / Infopass to see if you can find out what triggered it...

Man, this is the first time - that one got informed of I-485 denial by email....
Never heard of anybody getting an email about denial!
 
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