I-485 Denied - NEED HELP

X

xmen

Registered Users (C)
My employer filed a form I-140 for Consular processing sometime in 2003.

I requested to my employer last year to file a concurrent I-140/ I-485 instead, it was filed on 09/20/04

I got this last I-140 approved on 03/04/05

I lost my job on 03/29/05, and I thought I was ok since the I-140 was approved and the I-485 had more than 180 days pending,so I was planning on filling for the AC21 (portability).

Today, I received a notice of decision that my I-485 is denied because the first I-140 (for consular processing) was denied some time ago and that I may not appealed the decision.

How can USCIS denied the I-485 based on the I-140 that was not filed concurrently, not only that the I140 was for consular processing !!!!! ??????

WHAT CAN I DO ??


XMEN
 
xmen said:
My employer filed a form I-140 for Consular processing sometime in 2003.

I requested to my employer last year to file a concurrent I-140/ I-485 instead, it was filed on 09/20/04
------------ what was the need to file I-140 again?? one can attach I-140 filing reciept or I-140 approval copy with I-485

I got this last I-140 approved on 03/04/05

I lost my job on 03/29/05, and I thought I was ok since the I-140 was approved and the I-485 had more than 180 days pending,so I was planning on filling for the AC21 (portability).

Today, I received a notice of decision that my I-485 is denied because the first I-140 (for consular processing) was denied some time ago and that I may not appealed the decision.

How can USCIS denied the I-485 based on the I-140 that was not filed concurrently, not only that the I140 was for consular processing !!!!! ??????

WHAT CAN I DO ??


XMEN
Click to expand...
I-140 for Consular processing filed in sometime in 2003.was that I-140 approved? when it was approved? why your employer filed second I-140 for you???

Did your employer again filed New I-140 and filed new I-140 with I-485 on 09/20/04, if yes what was the reason to file new I-140? becase if I-140 for you was earlier Approved for consular processing then one is allowed to file I-485 you just need to attach I-140 approval notice copy of I-485 or I-140 filing reciept.

*** did employer made a request that Earlier approved I-140 should be revoked when he filed second I-140?
** need the sequence of events.
 
Sounds like service center error. If its the case, you can easily have your attorney file an MTR(motion to re-open) ASAP and have the case re-opened...which they will if the error is pointed out ie "...the service failed to notice an approved 140 filed on your behalf with copy of approval notice attached..." (words to the effect). However, at the same tiime, separately, you may also consider filing another/new 485 with the same explanation about service error with prior 485 denial and that "....in interest of time you are filing a new 485 to expedite your 485 case adjudication...". The new 485 is to ensure (first) a prompt legalization of your status and (second) that it might actually be adjudicated faster than the 485 case re-opened after MTR, which at times can be prolonged. Act fast...but in my opinion (strictly) it does'nt sound like you need to worry. BTW, after one is approved, make sure the second 485 (one opened subsequest to MTR OR the New, which ever is pending is PROMPTLY withdrawn)
Best Wishes
NB: In my case an MTR and new 485 both were filed separately...with the new 485 adjudicated first (MTR pending....and being withdrawn)
 
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ginnu said:
I-140 for Consular processing filed in sometime in 2003.was that I-140 approved? when it was approved? why your employer filed second I-140 for you???

The one approved was the one filed on 09/20

Did your employer again filed New I-140 and filed new I-140 with I-485 on 09/20/04, if yes what was the reason to file new I-140? becase if I-140 for you was earlier Approved for consular processing then one is allowed to file I-485 you just need to attach I-140 approval notice copy of I-485 or I-140 filing reciept.

No, the first I-140 was for consular processing, and I decided to change to a concurrent filling therefore another I-140 was filed along with the I-485 on 09/20/04 and I-140 got approved on 03/04/05.


*** did employer made a request that Earlier approved I-140 should be revoked when he filed second I-140?

No, the employer did not request to revoke anything, although on first one we did not answer and RFE, therefore was denied, although we did not care bacause the second one was already approved.

** need the sequence of events.
Click to expand...
 
rdip said:
Sounds like service center error. If its the case, you can easily have your attorney file an MTR(motion to re-open) ASAP and have the case re-opened...which they will if the error is pointed out ie "...the service failed to notice an approved 140 filed on your behalf with copy of approval notice attached..." (words to the effect). However, at the same tiime, separately, you may also consider filing another/new 485 with the same explanation about service error with prior 485 denial and that "....in interest of time you are filing a new 485 to expedite your 485 case adjudication...". The new 485 is to ensure (first) a prompt legalization of your status and (second) that it might actually be adjudicated faster than the 485 case re-opened after MTR, which at times can be prolonged. Act fast...but in my opinion (strictly) it does'nt sound like you need to worry. BTW, after one is approved, make sure the second 485 (one opened subsequest to MTR OR the New, which ever is pending is PROMPTLY withdrawn)
Best Wishes
NB: In my case an MTR and new 485 both were filed separately...with the new 485 adjudicated first (MTR pending....and being withdrawn)
Click to expand...


THANK YOU VERY MUCH,

although I am not sure about filling another I-485 because I don't think I will be able to take advantage of the AC21 Rule, since the original is/was already past the 180 days and I need to apply for the portability since I need to work !!! don't you think ??

Filling a MTR sounds GREAT !!!!!!!!!! I will be with my attorney tomorrow morning.

THANKS AGAIN.

xmen.
 
I-140 for Consular processing filed in sometime in 2003.was that I-140 approved? when it was approved? why your employer filed second I-140 for you???

The one approved was the one filed on 09/20,
----------it means that the earlier I-140 that was filed for CP was NOT approved

Did your employer again filed New I-140 and filed new I-140 with I-485 on 09/20/04, if yes what was the reason to file new I-140? becase if I-140 for you was earlier Approved for consular processing then one is allowed to file I-485 you just need to attach I-140 approval notice copy of I-485 or I-140 filing reciept.

*No, the first I-140 was for consular processing, and I decided to change to a concurrent filling therefore another I-140 was filed along with the I-485 on 09/20/04 and I-140 got approved on 03/04/05.


*** did employer made a request that Earlier approved I-140 should be revoked when he filed second I-140?

No, the employer did not request to revoke anything, although on first one we did not answer and RFE, therefore was denied, although we did not care bacause the second one was already approved.
-------------------- It simply means that your earlier I-140 was denied that was filed for CP and your second I-140 was approved and USCIS did not link your reacent approved I-140 with your I-485. I see a confusion becase if for earlier I-140 the USCIS sent RFE and the employer is same why the employer did not reply to RFE and filed second I-140? you need to go to a very good lawyer and seek legal advice
 
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