I-485 Denail Notice: Help Needed


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.


The last processing action taken on your case

Receipt Number:


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.


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


Registered Users (C)

Unless you get the notice you would not know. If I140 is not approved it could be related to that like ability to pay etc...most likely it could be minor.

Take a deep breath and relax, it is tough but you will be fine.


Registered Users (C)
Thank you for your response and support gc_retrogress, I'm just keeping my fingers crossed at this point. Hopefully, everything will go fine.


Registered Users (C)
The extension into mid-August 2007 only applied to priority dates and the visa bulletin, NOT the usage of preappoved labor certifications! To use labor substitution, your I-140 had to be filed by the deadline of July 16, 2007. Unless you maintained another visa such as an H1 or L1, you probably will be found to be out of status since your last H/L/F status expired, because the I-140 and I-485 were clearly never approvable.
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