i 485 denied need help

B

banama

Registered Users (C)
Dear friends,
Iam new to this forum.Now we r in a critical situation.I need ur valuable suggestions.Its long message .But please help us.
we incidentally called vsc center today morning and found that our I485 was denied on dec16'2004.we haven't received any letter still.They tell that they mailed a letter regd. this on dec16'2004 .but we haven't received any letter till now. today they told they will send a mail again. so far no changes in LUD's.
we r concerned that our i140 denial would be the reason for i485 denial.B'cos my husband switched his job from the employer who sponsered his GC.that was a sub.labour. when he changed company his status was like i140 and i485 filled concurrently and greater than 180 days after filling. but his i140 got cleared after one month he came to new employer.so the old employer revoked the approved i140.he also told us this matter two weeks back.
my husband's H1 period is over and he is on EAD.
please suggest us if we can appeal for our case ...but haven'tgot the mail from uscis to know the exact reason for denial.
can we use ac-21.
we r from india...EB3 category....sub.labour was filled in july 2001 and got cleared in 2003.
finger printing done for both us on oct'2004.
changed job in oct'2004 first week....I140 got cleared in nov'2004 third week.
I 485 pending from sep'2003.
please suggest the possibilities for denial and also what we can do from now to do an appeal.

Thanks in advance
banama
 
First of all be calm and try to be as resilient as possible...
Here are some following tips...Gurus will help you with other questions
as deemed fit.

Your 140 seems to have been revoked...USCIS Vermont must have send your lawyer letter of NOID ...Giving 30 days time to prove via EVLs, paystubs that your husband indeed has a job etc.
So it seems thay your lawyer never got this letter...
Please contact your lawyer immediately and ask him to initiate inquiry into the case and to ask him to send another copy of RFE and reply to that...
File MTR as soon as possible....If your lawyer seems not interested...hire a very compentent layer

Please also contact KAMVP ...His situation is almost similar to yours...

Kamvp...please forward your pointers to this user ....
Not sure what exactly is your status in lieu of 485 being deinied....


Other members please chime in !!!!!








banama said:
Dear friends,
Iam new to this forum.Now we r in a critical situation.I need ur valuable suggestions.Its long message .But please help us.
we incidentally called vsc center today morning and found that our I485 was denied on dec16'2004.we haven't received any letter still.They tell that they mailed a letter regd. this on dec16'2004 .but we haven't received any letter till now. today they told they will send a mail again. so far no changes in LUD's.
we r concerned that our i140 denial would be the reason for i485 denial.B'cos my husband switched his job from the employer who sponsered his GC.that was a sub.labour. when he changed company his status was like i140 and i485 filled concurrently and greater than 180 days after filling. but his i140 got cleared after one month he came to new employer.so the old employer revoked the approved i140.he also told us this matter two weeks back.
my husband's H1 period is over and he is on EAD.
please suggest us if we can appeal for our case ...but haven'tgot the mail from uscis to know the exact reason for denial.
can we use ac-21.
we r from india...EB3 category....sub.labour was filled in july 2001 and got cleared in 2003.
finger printing done for both us on oct'2004.
changed job in oct'2004 first week....I140 got cleared in nov'2004 third week.
I 485 pending from sep'2003.
please suggest the possibilities for denial and also what we can do from now to do an appeal.

Thanks in advance
banama
Click to expand...
 
banama said:
Dear friends,
Iam new to this forum.Now we r in a critical situation.I need ur valuable suggestions.Its long message .But please help us.
we incidentally called vsc center today morning and found that our I485 was denied on dec16'2004.we haven't received any letter still.They tell that they mailed a letter regd. this on dec16'2004 .but we haven't received any letter till now. today they told they will send a mail again. so far no changes in LUD's.
we r concerned that our i140 denial would be the reason for i485 denial.B'cos my husband switched his job from the employer who sponsered his GC.that was a sub.labour. when he changed company his status was like i140 and i485 filled concurrently and greater than 180 days after filling. but his i140 got cleared after one month he came to new employer.so the old employer revoked the approved i140.he also told us this matter two weeks back.
my husband's H1 period is over and he is on EAD.
please suggest us if we can appeal for our case ...but haven'tgot the mail from uscis to know the exact reason for denial.
can we use ac-21.
we r from india...EB3 category....sub.labour was filled in july 2001 and got cleared in 2003.
finger printing done for both us on oct'2004.
changed job in oct'2004 first week....I140 got cleared in nov'2004 third week.
I 485 pending from sep'2003.
please suggest the possibilities for denial and also what we can do from now to do an appeal.

Thanks in advance
banama
Click to expand...
I think when you changed your company, you did not change your lawyer (you should have done that). Your lawyer must be getting these letters. USCIS sends a NOID - Norice of Intent to Deny - before they would have denied in your case. Your old lawyer must have got it and he did not give that information to you. You can file a MTR in your case and ask them to reopen that case. You will need to go through a competent attorney.
 
Send AC-21 letter today itself. If it is NOID you have 30 days to respond. Send letter saying you have changed your job and want use AC-21 and include a letter from new employer.

Also ask your old employer when did he sent the letter. If he has sent it before the approval then their might some problems. Otherwise it should not be problem. Talk to good attorney.
 
thanks

Thanks alot for ur quick response...
my husband is trying to talk to the present company lawyer.
as u guys say the lawyer we already have is partial to the old employer.
so we should change soon. That was a mistake done by us.
i have one more question...can we reply for the rfe again talking to the lawyer. that is reply to NOID if it was sent to lawyer before.is it allowed? i ask this because if it was sent in dec'2004 middle 30 day period will be over.
how to find out the lawyer got NOID?

more suggestions r welcome.
thanks again.
 
banama said:
Thanks alot for ur quick response...
my husband is trying to talk to the present company lawyer.
as u guys say the lawyer we already have is partial to the old employer.
so we should change soon. That was a mistake done by us.
i have one more question...can we reply for the rfe again talking to the lawyer. that is reply to NOID if it was sent to lawyer before.is it allowed? i ask this because if it was sent in dec'2004 middle 30 day period will be over.
how to find out the lawyer got NOID?

more suggestions r welcome.
thanks again.
Click to expand...
Technically Attorney should give you the NOID if he has received it. Because It is related to I-485. You can give complaint to bar. Call and ask him if he has received any thing.
Right now I would not worry about who got the NOID. Send the letter of new employment and AC-21 and handle the attorney later. In my opinion you should have some more days too respond to NOID if it was issued on 16 th of December. They usually add some transit time for postal delay
 
banama said:
Thanks alot for ur quick response...
my husband is trying to talk to the present company lawyer.
as u guys say the lawyer we already have is partial to the old employer.
so we should change soon. That was a mistake done by us.
i have one more question...can we reply for the rfe again talking to the lawyer. that is reply to NOID if it was sent to lawyer before.is it allowed? i ask this because if it was sent in dec'2004 middle 30 day period will be over.
how to find out the lawyer got NOID?

more suggestions r welcome.
thanks again.
Click to expand...
First find out what the lawyer has received - if it is NOID. OR if it is denial. There will be a date specified in the letter from USCIS (i.e. date by which to respond). Then post here and I can suggest what you need to do. And yes if your lawyer is not giving you letters, tell him you are going to complain to the bar and sue him. Trust me this will scare the shit out of him. This is a serious offence, he not giving you letters timely irrespective of who pays his fees, you or old company.
 
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Banama,

Mine is a problem with acquisition. h1-amendment was not filed after acquisition. thats totally company fault or company attorney fault. Not sure whats going to be happen. me or my attorney didnt receive any letter yet. my attorney told me that, she will call sometime this week.

contact old company attorney and findout that they received it notice.
Hire a good attorney and file for AC-21. after that apply MTR immediately.
I think your husband can work, if your attorney didnt get notice. Someone was saying that, we can work till EAD expiration time. not sure. findout that one also from the attorney.
 
i have a doubt...
is it legal to stay here now. if so how many days.
no chances of filing H1 ....AP is valid till oct'2005.

thanx.
 
banama said:
i have a doubt...
is it legal to stay here now. if so how many days.
no chances of filing H1 ....AP is valid till oct'2005.

thanx.
Click to expand...
I do need answer for same question. I seen in some posts that, we can stay still our EADs are valid. but not sure, how genuine it is.

My h1 also expired and this is my 7th year. We are thinking to go back and come back after 1 year. so we dont want to be illegal here.

any advises guys?
 
Sorry to say this but

A person cannot use his EAD after his I-485 has been denied.
EAD and AP are issued because of a pending I-485 and once I-485 is denied, EAD and AP cannot exist independently.
They go down together with I-485.
 
kamvp said:
I do need answer for same question. I seen in some posts that, we can stay still our EADs are valid. but not sure, how genuine it is.

My h1 also expired and this is my 7th year. We are thinking to go back and come back after 1 year. so we dont want to be illegal here.

any advises guys?
Click to expand...
If you are able to apply another I-485 within six months you will be fine. You will come under 245(K).

If you have filed any Labor before April 2001 you will be able to use the 245(I) which will allow you to adjust the status irrespective of your current status. There is some thing called grand fathering through which you can adjust the status even if you are not using that Labor which was applied before April -2001.
 
United Nations,

thanks for responding. I got more questions for you.

Incase, if I find substitute labour and apply again I-140 and I-485, do i get any issue due to same problem that my company didnt apply for H1-amendment after acuisition. Now USCIS is thinking that I was out of status for that period, after acqusition, since my h1-amendment was not applied right?

Also someone in my office was telling me to sue the company, if my case is denied due to h1-amendment. I was thinking that is the my last option, if I want to use. I want apply for MTR and fight till last chance.
My question is, if i sue the company, and I have to be here in country right. so what status I will be. Is court give a chance to stay here, till court makes final Judgement. If i leave the country, I cannot come to attend court, whenever they want right. My company is still in good position with around 500 employees.

also I was thinking that if USCIS treats me that I was illegal for that 2 year 8 months period (feb 2001 to oct 2003), I cannot come back to this country right. there might a bar to me. I am not sure, I read somewhere that, if we are illegal for certain period, USCIS will not allow to comeback, like 5 years 10 years some restrictions. If that is the case, not only me, total my entire family future will be scrued up due to the my company's fault.

Do you think I will be victim of that?
 
tammy2 said:
If you are able to apply another I-485 within six months you will be fine. You will come under 245(K).

If you have filed any Labor before April 2001 you will be able to use the 245(I) which will allow you to adjust the status irrespective of your current status. There is some thing called grand fathering through which you can adjust the status even if you are not using that Labor which was applied before April -2001.
Click to expand...
tammy2,

could you please read and advise the questions, which I posted for unitednations in this thread.

thanks
 
kamvp said:
United Nations,

thanks for responding. I got more questions for you.

Incase, if I find substitute labour and apply again I-140 and I-485, do i get any issue due to same problem that my company didnt apply for H1-amendment after acuisition. Now USCIS is thinking that I was out of status for that period, after acqusition, since my h1-amendment was not applied right?
Click to expand...
You are right. here the issue is not related to finding another labor, there is no issue with labor or your skills matching with labor. The issue is if you were out of status.
Also someone in my office was telling me to sue the company, if my case is denied due to h1-amendment. I was thinking that is the my last option, if I want to use. I want apply for MTR and fight till last chance.
My question is, if i sue the company, and I have to be here in country right. so what status I will be. Is court give a chance to stay here, till court makes final Judgement. If i leave the country, I cannot come to attend court, whenever they want right. My company is still in good position with around 500 employees.
Click to expand...
I am not sure what you will achieve by suing the company. if I were you, I would spend time trying to find out from a good lawyer (and you may have to talk to several lawyers before you will be able to find one who will be able to help you), what can be done here. Agreed it is company's fault, but now you need to find out if you can give an argument that you were not aware oif what the company was doing and if USCIS will accept it. Instead of suing them, try to find out from them, why they did what they did. If I were you, I would keep them in good terms with them atleast until this issue is resolved.
also I was thinking that if USCIS treats me that I was illegal for that 2 year 8 months period (feb 2001 to oct 2003), I cannot come back to this country right. there might a bar to me. I am not sure, I read somewhere that, if we are illegal for certain period, USCIS will not allow to comeback, like 5 years 10 years some restrictions. If that is the case, not only me, total my entire family future will be scrued up due to the my company's fault.

Do you think I will be victim of that?
Click to expand...
If USCIS determines that you were illegal for that period of time and does not listen to your arguments, then you can be banned for life also. Yes, it can happen, so focus on how to resolve this issue rather then suing your old company. Trust me that will not get you anything. Best of Luck.
 
dazzling said:
If I were you, I would keep them in good terms with them atleast until this issue is resolved.
Click to expand...
golden words..

you will have all the time to sue once you get gc..first talk to a top immigration lawyer..and keep all party togethar..collect the facts and plan..as you have not committed any fault i have no doubt that you will get gc..note what USCIS says..

Respect. Integrity. Ingenuity. -- you have all three
 
Last edited by a moderator:
dazzling,md_Rackville and unitednations,

Thanks for your valuable advise.

My attorney told me that,she will give a call to USCIS. she told me to comeover to her office to speak with her. I am waiting for her call.

we will see whats going be happend, what she suggests to do. she is the Company attorney too. Funny part is USCIS approved 3 cases earlier, who were in same situation like me now. there is another case, they didnt issue any RFE yet.
 
This is going to be interesting now !!!! Please keep us in the loop !!! All the best !!!!!


kamvp said:
dazzling,md_Rackville and unitednations,

Funny part is USCIS approved 3 cases earlier, who were in same situation like me now. there is another case, they didnt issue any RFE yet.
Click to expand...
 
kamvp said:
Funny part is USCIS approved 3 cases earlier, who were in same situation like me now. there is another case, they didnt issue any RFE yet.
Click to expand...
a lot depends on officer..howver such approvals provide very strong ground for your approval..
 
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