I 485 denial ..

vcgc

Registered Users (C)
Hi Gurus,

We (self and my family) received a denial Notice from BCIS today.. They have stated that they denied our I485 application under section 245.2(a)(2)(i)..

I did Concurrent filing of I140 and I485.

EB3 - Labour Substitution

I140 RD:11/23/02, ND:01/24/03 REF: On Educational Evaluation and Replied on April 21, 03.

I485 RD: 11/23/02 ND/01/24/03

FD Done : 02/28/03

EAD received on April 4, 03


What is the above section mean ? Does it mean the underlying I 140 is denied .. Do we have any recourse .. I will be talking to my lawyer on Monday ..


Online and AVM message for I-140 and I-485 has not changed, Still showing that the case is being processed..

I would appreciate all your inputs..

Thanks..
 
When you replied to the RFE on I140, did you hear back from INS?
Any new RFE or denial notice on I140?
Your Finger Printing done?


Which service centre?
 
Hi Khush,

Finger print done on feb. 28th.
RFE on Educational evaluation. reply reced. on 21st April by INS
Can appeal or is the case finished. Do I have to apply for a new labor.
Mine was labor substitution.
Service Center is VSC
I do not know the reason for denial yet.
 
--- I hope your I-140 had problems and is denied, may be your LC requirement did not match with I-140( may be your lawyer Ticked wrong box on I-140), or your education required on LC did not match with I-140, your Education evaluation did not satisfy the officer, your lawyer knows more about it and the reason for denial will be written, if your lawyer feel it is wrong decision he/she can site provide the lacking evidence and request Motion to reopen or reconsider

----
http://www.pharmcast.com/CareerOpportunities/HRResources/Yr2002/Visa073102.htm

5. Section 245.2 is amended by revising paragraph (a)(2)(i), to
read as follows:

Sec. 245. Application.
(a) * * *
(2) * * *
(i) 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 Sec. 245.1(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), section 203(a) 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 I-797,
Notice of Action, establishing the receipt and acceptance by the
Service of the underlying Form I-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 I-797 Notice of Action establishing the receipt and
acceptance by the Service of the underlying Form I-140 visa petition,
with the Immigration Court or the Board of Immigration Appeals when
jurisdiction lies under paragraph (a)(1) of this section.
* * * * *
 
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