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I-485 Denied Early presentation

R

RAC

New Member
I submitted adjustment of Status (I-485) based on DV visa from 2006 program having a H1-B.

-10/5/05 I-485 submitted Oct 05. 2005 and received accordingly (not rejected) Number SA 4XX,
-01/01/06 Visa Available for my number by Jan.06
-02/02/06 I-765 approved
-02/20/06 I-485 denied because early presentation "at time of filing, a visa number was not available to the application".
-02/28/06 H1-B terminated on Feb. 06 due to ending of working relationship with employer
-05/02/06 Decision taken on 2/20/06 mailed

Even though I can read/understand that I can not appeal, may I submit a Motion to Reconsider /Reopen?
What are my options?

Thanks in advance for any suggestion
 
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RAC, can you explain more what happened? What do you mean by early presentation? why your H1B expired?
 
I have included more detail.
Thanks in advance for your suggestions
 
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if I understood right he submited for AOS in October, but his number became current in January. I guess this is what the lawyers I've seen talked about. It's rare but it seems that it happens. Time is ticking and not in our favor.
 
Hi RAC,
If I'm not wrong, since your I-765 was approved on Feb.2 you don't have any more obligation to work for your H1B employer. So perhaps, that's why your H1B was terminated. I don't know what to say, but as HMZ mentioned above you might want to consider filing your forms again and perhaps that the best you can do now.
There's still some time left to Sep.30th
I hope you'll find the right solution
Good luck,
Greg_DV2006
 
To Greg Dv_2006

I Received The Ead Card And Now I Can Find Another Job. But I Signed The Contract With Those Who Brought Me Here ( The J1 Visa Program ) And What I Want To Know Is That A Problem .
Am I Illegal Now?

My J1 Visa Did Not Expired ( It Will In 2008).
Should I Worry?

Afraid
 
Hey Afraid,
As I wrote to RAC, receiving your EAD card gives your a permission to work legally for any employer for the period of time granted by USCIS. The friend of mine, who is an architect, used to work for an architectural office on her H1B visa. Having received an EAD card, she gave up her job with them and started working as a freelance. In the meantime, she got her AOS interview appointment, and eventually she got granted a permanent residence. I'm giving you this example to show you that the moment your Employment Authorization has been approved you can stay with your previous employer or change it if you have a chance (or i f you want to). But it doesn't make you an illegal. That's my opinion, though.
Good luck,

Greg_DV2006
p.s. Have you gotten your interview notice yet?
 
Hey Afraid,

J1 visa program is sponsored by Dept.of State.If you would like to cancel the program you just let your sponsorship agency(i.e. not employer) know abt.your intentions.You can cancel your training anytime there is no restriction from Dept.of State or from sponsoring agency.However,if you have some individual contract done between you and your employer then that is a legal document between you and employer.In general, employer should not do that practice but if that is the case you might need to talk to a lawyer who practice Labor Laws or contact Department of Labor.

My suggestion will be talk with your employer and get it resloved or wait for the GC few more months,when all is fine,GC in hands then take your move.
 
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