I 485 denial and H1B extension

[sonupv]

My I 485 has just been denied. I can get a three year extension on my H1B.

Would there be a problem in getting H1B extension approved and getting the visa stamped from outside USA, because my 485 has been denied once.

I think the form required to get H1B visa stamp asks if an immigration petition has ever been denied.

Can someone shed some light on this.

thanks in advance.

Sonu

 

[shankara21cen]

My I 485 has just been denied. I can get a three year extension on my H1B.

Would there be a problem in getting H1B extension approved and getting the visa stamped from outside USA, because my 485 has been denied once.

I think the form required to get H1B visa stamp asks if an immigration petition has ever been denied.

Can someone shed some light on this.

thanks in advance.

Sonu

Why your I 485 is denied. Can you share details?

 

[TheRealCanadian]

Would there be a problem in getting H1B extension approved and getting the visa stamped from outside USA, because my 485 has been denied once. I think the form required to get H1B visa stamp asks if an immigration petition has ever been denied.

As correctly stated, the big question is "why was the I-485 denied?". If it was denied on grounds of inadmissibility, then you have a huge problem.

 

[sonupv]

Ok here is what happened.

I got a notice today from USCIS (California Center) which states that my I-485 is now denied because the underlying I-140 (EB2) has been denied.

My lawyer had received an RFE for I-140 which wanted us to file the documents to prove the employer's ability to pay. I didn't see that RFE letter, but according to my lawyer USCIS wanted to see the employer's tax return since 2000.

The employer is a legitimate company and was willing to provide the tax returns since 2000, but the lawyer insisted that by law the immigration dept. can't ask for tax returns from so long ago, as I had joined the employer only in 2003. So despite my requests to send all the asked documents he just sent the tax returns for 2003 and 2004.

I can't say whether that resulted in the denial of I- 140 but that was the story so far.

Mine was an EB2 case and I had filed the I485 before retrogression came into effect for EB2 in October. I have already received the EAD and Advance parole, but I suppose they are deemed invalid too.


Sonu

 

[nato]

file for appeal, apparently you used sub labor so bit difficult

are you working already for the company, which company?

Ok here is what happened.

I got a notice today from USCIS (California Center) which states that my I-485 is now denied because the underlying I-140 (EB2) has been denied.

My lawyer had received an RFE for I-140 which wanted us to file the documents to prove the employer's ability to pay. I didn't see that RFE letter, but according to my lawyer USCIS wanted to see the employer's tax return since 2000.

The employer is a legitimate company and was willing to provide the tax returns since 2000, but the lawyer insisted that by law the immigration dept. can't ask for tax returns from so long ago, as I had joined the employer only in 2003. So despite my requests to send all the asked documents he just sent the tax returns for 2003 and 2004.

I can't say whether that resulted in the denial of I- 140 but that was the story so far.

Mine was an EB2 case and I had filed the I485 before retrogression came into effect for EB2 in October. I have already received the EAD and Advance parole, but I suppose they are deemed invalid too.


Sonu

 

[sonupv]

Well it was not a substitution labor. The employer is a japanese company, very legitimate, tax papers are well in order, others have been getting green cards without hassles.

Can't really say what went wrong in my case. I haven't seen the I 140 denial letter yet. But I suppose it was due to some issue with ability to pay, as that was what the RFE was about.

Sonu