i 485 denied need help

Unitednations,

I spoken with my attorney today. she was telling that h1-amendment was law sometime ago and change that in 2001. Now we dont need to apply h1-amendment after merger or acquisition. she was thinking that the adjucator might not have proper understanding in this issue. What is audit department? she was telling that, when they get questions like this, they will write to audit department for confirmation.
 
unitednations said:
within uscis there i an "advisory" area. sort of technical gurus that they will ask questions to. Was the law changed after the merger of before. it could be used as an argument but it would defeat the purpose if the law was changed after the companies merged.
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United nations,

My company was acquired in jan 2001. Could you please look at the below link. I was trying to understand.

http://www.murthy.com/news/UDinsgui.html
 
kamvp said:
United nations,

My company was acquired in jan 2001. Could you please look at the below link. I was trying to understand.

http://www.murthy.com/news/UDinsgui.html
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As UN has already replied, the law was passedi n October 2000. What you should do is find out the official notification of this law being passed and attach it with the MTR that you will send. It should be OK, if the information on murthy.com is correct (and my own lawyer is from their Law Office and I know they provide correct and accurate information).
 
DOL has insisted that if the employer's name or tax ID # changes, then in essence there is a new employer, and the employer must file a new LCA.

-- this line says that if there a change in tax id then new LCA is required as well..thoughts ?
 
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MD_Rockville said:
DOL has insisted that if the employer's name or tax ID # changes, then in essence there is a new employer, and the employer must file a new LCA.

-- this line says that if there a change in tax id then new LCA is required as well..thoughts ?
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You are right. I completely missed that line. Basically USCIS does not require a new labor but DOL does!! These agencies are so sc***ed up. I think this is all interpretation unless kamvp lawyer has an official notificiation to this affect.
 
dazzling said:
You are right. I completely missed that line. Basically USCIS does not require a new labor but DOL does!! These agencies are so sc***ed up. I think this is all interpretation unless kamvp lawyer has an official notificiation to this affect.
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Dazzling,

New labour need for what? h1 or GC?. for GC mine was applied in july 2001 that means after acquisition and approved in may 2003. Mine is original labour and not substitute.
 
kamvp said:
Dazzling,
New labour need for what? h1 or GC?. for GC mine was applied in july 2001 that means after acquisition and approved in may 2003. Mine is original labour and not substitute.
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new labor for h1..gc is for future job
 
MD_Rockville said:
new labor for h1..gc is for future job
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Md,

If that is the case, what is next step? How solve this issue? any idea?

Whatever told by USCIS was only verbal, My attorney want something in writing from USCIS, so that, she can go forward with this case. Not sure when they will issue notice or RFE whatever....
 
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kamvp said:
Dazzling,

New labour need for what? h1 or GC?. for GC mine was applied in july 2001 that means after acquisition and approved in may 2003. Mine is original labour and not substitute.
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Sorry, I mean LCA for H1. Here read this (this is from the link you provided)

DOL has insisted that if the employer's name or tax ID # changes, then in essence there is a new employer, and the employer must file a new LCA.
 
kamvp said:
Md,
If that is the case, what is next step? How solve this issue? any idea?
whatever told by USCIS was only verbal, My attorney want something in writing from USCIS, so that, she can go forward with this case. Not sure when they will issue notice or RFE whatever....
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kamvp i don't have much info on this.. i will see what unitednations has to say on this
 
Dear 'Banama' & 'KamVP'

I know it is very-very hard to overcome with this situation -
You've already received very good suggestion from 'UnitedNation' and all

BUT PLS DO NOT LEAVE USA....and keep working if you have job….have your lawyer give a letter to protect you - incase you get caught by INS or HR of your company - letter from lawyer will say that your case is pending/or seeking justice under such n such law....(they know what to write...)....should you have any question contact "XYZ Attorney at Law"....

Bcos I know someone was caught by INS at NIAGRA FALLS-US side....LUCKLY he had this letter....to save him….

I'm sorry if I'm making you nervous....but I thought doing so may be helpful …

thx
 
I would also suggest to look for a EB2 substitute GC option..since EB2 is current, filing such petition can put you in status immediately
 
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MD_Rockville said:
I would also suggest to look for a EB2 substitute GC option..since EB2 is current, filing such petition can put you in status immediately
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may not work for me. my h1 period, after acquisition, if they treat as illegal, if re-apply also same thing right. its issue with legal status at that period. since h1-amendment is not required due to change of law, I think, its mistake of adjucator. So its better to bottle using MTR. If this is not cleared now, this may issue again, if we reply I-485.
 
unitednations said:
kamvp, I think you need to wait as USCIS hasn't officially denied your case. Without a communication there isn't much that you can do.

From everything I have read, it looks like no amendment of h-1b or LCA's was necessary. However, if you renewed the h-1b then it should have been done under the name of the new company.
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Unitednations,

Thanks for good information.

H1 on Company A expired on oct 20 2003, we filed new h1-extension on company B in august 1 2003. Got EAD on Dec 2003. USCIS issued RFE on H1 in march 2004, which my attorney cancelled and told me that the H1 is not required anymore, since I already started working on my EAD.

So why adjucator decided to deny my case? When we called VSC center, why told that, its suppose to be denial? why USCIS issued RFE that I worked to Company B and hold h1 of Company A? why they are not satisfied with acquistion documentations, which shows the Company A was acquired by Company B?

Looks like Adjucator do not have enough knowledge to deal this type of cases.
 
kamvp...

no LUD changes....waiting for the letter from USCIS....
old employer told he had withdrawn the I140 after one week of its approval. but no LUD changes or message so far...
I 485 is pending for more than a yr...
so not sure whether the case is eliglible for AC21.
old lawyer doesn't support us much....
the new company lawyer says he needs something in letter from USCIS to take further action.
so waiting for the letter.


thanx.
 
banama said:
kamvp...

no LUD changes....waiting for the letter from USCIS....
old employer told he had withdrawn the I140 after one week of its approval. but no LUD changes or message so far...
I 485 is pending for more than a yr...
so not sure whether the case is eliglible for AC21.
old lawyer doesn't support us much....
the new company lawyer says he needs something in letter from USCIS to take further action.
so waiting for the letter.


thanx.
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Banama,

In the meantime keep ready all paperwork to apply Ac-21. Also try to look for labour substitute, So that you can re-apply, if nothing worksout on your favour with this GC.
 
kamvp said:
Md,

If that is the case, what is next step? How solve this issue? any idea?

Whatever told by USCIS was only verbal, My attorney want something in writing from USCIS, so that, she can go forward with this case. Not sure when they will issue notice or RFE whatever....
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(6) Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (h), (I), or (J) of the Act;


http://uscis.gov/lpBin/lpext.dll/in...mplates&fn=document-frame.htm#slb-8cfrsec2451
 
I was on the same situation!

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
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Banama:

I was in the same situation as you before but got my greencard in Dec after the interview approval in Nov 04. You will need to send a motion to reopen the I485. They should have not denied your I485 outright but instead you should have been issued a NOID. I think you qualify to use AC21. Get a good lawyer. I know you only have 30 days to file the MTR after denial. I think you should be fine. Send me PM if you wish.

Goodluck.
 
EAD is revoked only when EAD is revoked and not just denial of 485.

Unless we get a notice stating that our EAD is denied, We shouldn't assume that denial of 485 is denial of EAD. When USCIS denies the 485, USCIS would mention our rights to appeal or motion. If there is no mention about EAD in the notice, may be EAD is not revoked yet?. The denial notice would mention what action we should take (mandatory) and also the available rights.
IT ALL DEPENDS ON THE REASON FOR THE DENIAL.

The law says if 485 is pending, we can apply for the EAD and I don't think there is law to consider EAD revoked when 485 is denied. I think if the EAD is revoked we should get a seperate notice or should be mentioned in the 485 denial notice itself.

If we apply for EAD extension, we will not get EAD unless we have an appeal/judicial review (not motion) is pending or 485 is reopened or pending.

I'm not an attorney or paralegal. Don't rely on this message.

Good Luck.
 
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