I-485 Denail Notice: Help Needed

whatsupsbk

Registered Users (C)
#1
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)
 

Jackolantern

Registered Users (C)
#2
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.
The extension only applied to priority dates and the visa bulletin, NOT the usage of preappoved labor certifications! Your I-140 had to be filed by the deadline of July 16, 2007, or it and your I-485 will be denied if you used labor substitution.
 

whatsupsbk

Registered Users (C)
#3
Hi All,

Just as an update, I got the reason for denial of my I-485. USCIS says that the denial was based on the "withdrawal" of the I-140 which I applied through a different employer B than my current employer A.

My attorney says we don't have to file for an MTR because MTR has it's own processing times but we need to send some document to USCIS so that they will bring my I-485 application back to PENDING status.

Does anybody know what this document is which is NOT MTR?

Also, should this document be sent within 30 days of "denial notice being sent" by USCIS or within 30 days of "denial notice being received" by my attorney?

Thanks.
 

whitemimauz3

Registered Users (C)
#4
Ask your attorney on what basis USCIS would entertain any response from your side when they sent a denial notice, only way through which your petition could be revived is by MTR,
BTW that was denial notice not a request for further evidence (RFE) to submit further documentation
 
#5
i 485 denied

Hi all,

on july 27,2007 i filed application to register permanent residence or adjust status,form i 485 . However at the time i filed i application immigrant visas were only available to aliens who had a priority dater of april 1,2004 or before my priority dater was jan. 279 2007 therefore as an immigrant visa was not immediately available to me at the time i filed my form i 485 my application must be and hereby is denied. Is that possible. I can not appeal for this. Help me if u know any thing about this.
 
#6
I 485 reopened and rethinking about this case.

Hey all,

my case was denied bcoz of uscis mistake so today they reopened my case and now my case is pending again they will give me sure answer in 30 days . Thank you for u r help.
 
#7
I-485 Filling Help

I have an expired F1 visa spouse is a naturalized citizen. We decided to fill and file on our own since the legal fees are a little bit expensive considering we have to come up with the form fees. we have been married 5 years and have an 8yr old child together. We don't know what to put in the question where it asks for "for my USCIS STATUS" and also my I-94 doesn't have an expiration date what do we put in this field since on the passport it just says D/S. Are we also running a risk by filling ourselves since most of the questions are pretty much straight forward or do we absolutely need to get an attorney to handle our case? We have all the required documents as asked in the instructions and we don't have any blemished record of any kind even a traffic citation.
 
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