I 485 Denied...Please ADVISE

J

jayanrag

Registered Users (C)
I filed for my I 140 and I 485 thru my previous employer. My I 140 got approved in March 2004. I changed jobs in May 2004 (>6 months of filing I 485) using AC 21 (using a new lawyer I filed for the renewal of my EAD/AP in November 2004. I received denial letter on Dec 31 2004 for both EAD/AP (for self and wife) stating that I 485 was denied on August 31st 2004. Neither I nor my new lawyer received any notification on I 485 denial. My new lawyer is trying to contact the old lawyer to see if they have received it. Presently we dont even know why I 485 was denied. How should I proceed at this point? Any advise would useful. Thanks,
jayanrag
 
Did your new lawyer filed change of representation form with TSC and verified it? It might just be that TSC sent communication to old attorney and they neglected it. I guess your new attorney needs to file MTR (motion to reopen). Good Luck

Your case is an example to others for
a) Check status of your case constantly
b) Don't change attorney and if you have to, make sure TSC updates its records.
 
Weird!

It's weird.

Your I-485 was denied in August and you even didn't get noticed untill November and December! Maybe some mistakes are there. Good luck!
 
Thanks for your replies guys!

My new lawyer did file the G28's for change of lawyer and it was also verified.
I have been checking the online status constantly but there was no mention of the I 485 getting denied. Even now the I 485 status does not reflect that. Infact it was only because I applied for a EAD/AP renewal that I even knew that my 485 was denied. Also though the EAD/AP notice says that the 485 was denied on Aug 31st the LUD for the 485 has a date as recent as 08 Dec 2004 (though the status has been the same for the last one year "fingerprints were collected and pending results")
 
jayanrag buddy:

there was one case which was very similar to yours, the registed name is "longGC", you can search all topic under longGC (a lot ....).

i chased that case from beginning to the end, and he finally win the card, immigration officers are all human beings, the bad news is they DID make "low level" mistakes sometime, and the good news is they correct it when they find it was mistake, for example - longGC case.

you are just fine, and good luck to you! :)
 
Hey do you have any updates on your case? Just wanted to know how you are proceeding.
Did you get any help from your lawyer?

jayanrag said:
I filed for my I 140 and I 485 thru my previous employer. My I 140 got approved in March 2004. I changed jobs in May 2004 (>6 months of filing I 485) using AC 21 (using a new lawyer I filed for the renewal of my EAD/AP in November 2004. I received denial letter on Dec 31 2004 for both EAD/AP (for self and wife) stating that I 485 was denied on August 31st 2004. Neither I nor my new lawyer received any notification on I 485 denial. My new lawyer is trying to contact the old lawyer to see if they have received it. Presently we dont even know why I 485 was denied. How should I proceed at this point? Any advise would useful. Thanks,
jayanrag
Click to expand...
 
jayanrag said:
Thanks for your replies guys!

My new lawyer did file the G28's for change of lawyer and it was also verified.
I have been checking the online status constantly but there was no mention of the I 485 getting denied. Even now the I 485 status does not reflect that. Infact it was only because I applied for a EAD/AP renewal that I even knew that my 485 was denied. Also though the EAD/AP notice says that the 485 was denied on Aug 31st the LUD for the 485 has a date as recent as 08 Dec 2004 (though the status has been the same for the last one year "fingerprints were collected and pending results")
Click to expand...
Sometimes (in fact most times) USCIS does not record the lawyer change correctly. My 140 was denied and I filed MTR through a lawyer (there was no lawyer in my case previously). I have talked to VSC Customer Service and I asked them about something related to 140. She told me it will go to my company. I asked why to company and why not to lawyer. She told me that the system is not showing any lawyer in your case. I explained to her that I have filed MTR through a lawyer and she submitted a G-28 form also. But this lady told me that it looks like it has not been linked. She then told me that sometimes when the lawyer changes, the new lawyer is not linked to the existing case ... I thought this is so screwed up and so scary ... looks like your case is a prime example of that. And as someone has mentioned, be on top of your case at all times. USCIS is so screwed up organization, anything can happen.
 
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