i-485 denied please help!!

D

desp_gc

Registered Users (C)
My I485 was denied as my I-140 petitioning company withdrew it after approval I did file for an AC21 after that and currently have a job which is similar to it..but I got a notice that I-485 was denied because I-140 was withdrawn.. Am I screwed? Can I appeal I heard that we cannot appeal for I-485 Denial? Can I get back on my H1 again I completed only 4 years of H1 so far..

Please post...
 
You can go for MTR(motion to reopen). Contact your attorney. You can apply for h1. Is your's original labor? And You should be covered under AC21?
 
desp_gc said:
My I485 was denied as my I-140 petitioning company withdrew it after approval I did file for an AC21 after that and currently have a job which is similar to it..but I got a notice that I-485 was denied because I-140 was withdrawn.. Am I screwed? Can I appeal I heard that we cannot appeal for I-485 Denial? Can I get back on my H1 again I completed only 4 years of H1 so far..

Please post...
Click to expand...

Did you complete 180 days pending on I-485 Before leaving the company. I hope you did since you have used AC21. IF yes you are covered under AC21. File for MTR Showing Same/Similar Employement. You should be fine.
 
Yes,
I have completed 180 days before I did a job change , are there any other cases that have been approved after motion to reopen I had originally submitted all the docs for AC21 change but they still rejected my I485 the only thing I can think of is I sent in AC21 docs on June 20 and they denied my case on june 1 ..anybody in my shoes before please post.. If go back to H1 do I have to leave and renter the country?
 
desp_gc said:
Yes,
I have completed 180 days before I did a job change , are there any other cases that have been approved after motion to reopen I had originally submitted all the docs for AC21 change but they still rejected my I485 the only thing I can think of is I sent in AC21 docs on June 20 and they denied my case on june 1 ..anybody in my shoes before please post..
If go back to H1 do I have to leave and renter the country?
********** need more info
-did you use EAD? or you are on H1 status?
the date I-485 was filed(I-485 RD)
date I-140 was approved
date you sent AC21?
was your I-140 approved and I-485 pending more than 180 days
do you have any ifo when employer sent letter to revoke I-140?
Click to expand...
 
did you use EAD? or you are on H1 status?
I am currently on my EAD
the date I-485 was filed(I-485 RD)
Dec 11,2003
date I-140 was approved
Feb 16,2005
date you sent AC21?
June 20,2005
was your I-140 approved and I-485 pending more than 180 days
yes..
do you have any ifo when employer sent letter to revoke I-140?
I do not know when they sent it in on june 20 however they denied my i485..
 
desp_gc said:
did you use EAD? or you are on H1 status?
I am currently on my EAD

the date I-485 was filed(I-485 RD)
Dec 11,2003
date I-140 was approved
Feb 16,2005
------------------ your I-485 RD is Dec 11,2003, I think your I-140 was also filed same date with I-485, your I-140 was approved Feb 16,2005. your I-140 approval has taken long time
date you sent AC21?
June 20,2005
was your I-140 approved and I-485 pending more than 180 days
yes..
do you have any ifo when employer sent letter to revoke I-140?
I do not know when they sent it in on june 20 however they denied my i485..
-------------------- you need to meet good lawyer and file MTR
Click to expand...
you did a mistake using EAD you should have joined new employer with H1 trasfer so that person can have H1 back up
 
Last edited by a moderator:
MTR for my denied I-485

Hi Everyone, I am new to you guys and do need your kind helping on my case. I send two I-140 applications on Aug of 2002, one I-140 is EB1-2 (ourstanding researcher) another I-140 is EB2 (National interest waive,NIW). I send I-485 application with the reciept of EB1-2 on Oct of 2002. On Aug of 2003, my NIW (EB2) was approved. My lawyer said that I can transfer the basis of my I-485 from I-140 EB1-2 to my approved I-140( NIW) and send the request of transfer I-485 to TSC. My H1B visa expired on April 30 of 2004 and I use EAD to continue my job. On Feb 1, 2005 I get the NOID for my EB1-2 from USCIS. My lawyer suggested that I do need to reply because I had an approved I-140 which can base my I-485. But I reply to NOID by myself. May 24, 2005 I get the letter from USCIS to deny my I-140 EB1-2 and at same time USCIS deny my I-485. The reason USCIS denied my I-485 is" Underlying immigration visa petition is denied and our service record does not indicate the existence of another approved immigration visa petition upon which to base your I-485". My lawyer think that USCIS make some error, so he send MTR to USCIS and received by USCIS on June 13, 2005. My Question is: Do you think I can transfer the basis of I-485 to my approved I-140 ? Do you think USCIS will aprove my MTR? How long I need wait to know the result of MTR in TSC? If my I-485 can be transfer to another approved I-140, the error should come from USCIS. Under this situation, Can I continue to work with my EAD card? Thank you very much for your any suggestion.
 
I am in similar situation desp_gc

My I-140 and I 485 were both filed concurrently. Both have receipt date of June 4 2004. My case is EB3 case.

I140 was approved on 30 Sep 2004.

I switched employer in mid April 2005.

My employer who filed for I-140 has withdrawn it. I have received notice from USCIS asking me to show that 1-485 was pending more than 180 days and employment verification letter from new employer otherwise my 1-140 will stay revoked.

This much I understand. What I am confused about is retrogression part which could mess day count. Since I had filed I-140 and 1-485 concurrently my I-485 has been pending since more than 180 days. If we count from I-140's approval date my application has been pending more than 180 days. BUT if we count from the day RETROGRESSION for EB3 kicked in which is in Jan 2005 the number of days my I-485 is pending is less than 180 days. Given this situation USCIS can argue AC21 does not apply when there are no visa numbers available. Now I don't know if this is the reason USCIS is asking me to prve 180 days have passed since 485 filing.
 
prs2106@hotmail said:
Given this situation USCIS can argue AC21 does not apply when there are no visa numbers available. Now I don't know if this is the reason USCIS is asking me to prve 180 days have passed since 485 filing.
Click to expand...

It's a standard form letter. The lates Yates memorandum on AC21 clearly stated that days when the priority date was retrogressed or not current clearly count towards the 180 day clock. Don't worry.
 
TheRealCanadian,

I think I couldn't understand what you said. Could you please put it in diffrerent words. Are you saying that EB3 retrogession date does or does NOT have an effect on counting the I-485 pending.

The counting of days starts from I-485 RD or from Jan 1st 2005 ??

Thanks,
VG
 
pacha_card said:
TheRealCanadian,

I think I couldn't understand what you said. Could you please put it in diffrerent words. Are you saying that EB3 retrogession date does or

does NOT have an effect on counting the I-485 pending.
--------------------- does not have effect on counting the I-485 pending
The counting of days starts from I-485 RD or from Jan 1st 2005 ??
---------from RD
Thanks,
VG
Click to expand...
 
desp_gc said:
My I485 was denied as my I-140 petitioning company withdrew it after approval I did file for an AC21 after that and currently have a job which is similar to it..but I got a notice that I-485 was denied because I-140 was withdrawn.. Am I screwed? Can I appeal I heard that we cannot appeal for I-485 Denial? Can I get back on my H1 again I completed only 4 years of H1 so far..

Please post...
Click to expand...

sorry to hear about your denial. I passed through the same stage and got my MTR filed 3 weeks ago which has been approved. You dont have to panic about your status. You consult an attorney and keep your papers ready so that you could file your MTR within the stipulated 30days. My case was reopened in 2 weeks time.
 
485 denied

Hi Desp_gc,

My i-485 was denied on March 2005. I applied the MTR on 26 March 2005 and still I am waiting for the I -485 approval. use search menu and enter the keyword is 'NSCMTR' OR 'DESILADKA' and see all the results
 
nscmtr/be positive-

(a) Can I change my status back to H1(I have completed only 4 years)? Will my H1 B petition be rejected as I have applied for immigrant status?
(b)If I apply for H1 B status do I have to leave the countrya and comeback?
(c)It is possible to use EAD if I-485 is denied since I have applied for an MTR ..Will my I-485 status be restored once my MTR is approved?
(d)What is the time frame for MTR approval and I-485 approval?

Please post your responses. anyone else has any answers please post as well.

My details:
I140-nov11,2003
I485-Dec 11,2003
Concurrent filing
I140 approved-Feb 11,2005
I-485-denial notice-June 20,2005
MTR sent date-July 22,2005
:confused:
 
(a) Can I change my status back to H1(I have completed only 4 years)? Will my H1 B petition be rejected as I have applied for immigrant status?

>>>> Yes You can and your H1 will be approved, but you will need to leave the country to get your H1 Visa Stamped on your passport before you can start working and therein lies the risk.


(b)If I apply for H1 B status do I have to leave the countrya and comeback?


>>>> Yes, you need to leave the country and come back, because in such cases H1B approvals do not come with an I-94 attached and you will need to go out of the country, get your H1 Stamped and get a new I-94 card. But if the immigration officer finds out that you have an adjustment status pending, there is a risk that he may deny your H1 stamping and you wont be able to enter US.


(c)It is possible to use EAD if I-485 is denied since I have applied for an MTR ..Will my I-485 status be restored once my MTR is approved?

>>>>If your EAD is valid, then yes you can work for the duration remaining. But if you apply for a renewal of EAD while your MTR is pending, your renewal will be denied and if the MTR is approved and 485 is back to pending and you apply your EAD after that, it will/should be approved.

(d)What is the time frame for MTR approval and I-485 approval?

>>> MTR Approval - It is anywhere between 2 weeks to 6 months. Contact your congressman and a good lawyer. I dont know about 485 approval time frame, I dont think there is anyone on this forum who can tell that to you with any certainty.


There are many I-485 denied cases on this forum(Mine being one), do a search on this forum and you will get most of your answers.
 
I think H1 is dual intent. I guess what that means... consulate officer cannot
deny on the fact that applicant applied for AOS status.But they could deny for some other reason (illegal stay).
My bet would be to go for Visa stamping if there is no illegal stay.
 
gmail said:
I think H1 is dual intent. I guess what that means... consulate officer cannot
deny on the fact that applicant applied for AOS status.But they could deny for some other reason (illegal stay).
My bet would be to go for Visa stamping if there is no illegal stay.
Click to expand...

Well, I am in a similar situation, I posted what my lawyer said to me and I believe him.
 
How can I get the 485 NOID if it has been seen to the lawyer of old employer?

Guys
I need ur help. Here are the details of my case:
EB3 PD - March 2004
140/485 RD - September 2004
140 AD - October 2004
EAD/AP RD - Dec 2004
EAD/AP AD - Jan 2005
FP - Feb 2005
Spouse's EAD/AP/485 RD Dec 2004, EAD/AP AD - Feb 2005

I changed my jobs using EAD during May 15th 2005. The lawyers from new company mailed AC-21 and G28 papers on June 15th. The LUD on my 140 & 485 changed on June 22nd, July 4th, July 14th with no message changes. I heard from my friends that the old company has revoked my 140. I am not in good terms with my old employer. Even my old lawyer is not cooperating. My concern is the 485 NOID would have gone to my old lawyer and I would lose the chance to reply to that NOID in 30 days. I know USCIS sends a NOID even if you have filed AC-21 papers. How can I know whether a NOID has been sent from USCIS. When I called USCIS, the customer support is reiterating the same thing that is shown on website. My new lawyer told me that they have not received any NOID from USCIS, regarding my case. My concern is I want to reply to the NOID and avoid a denial. Also I want to avoid MTR if possible. How should I proceed? Someone please help me. Thanks.
 
Last edited by a moderator:
You must log in or register to reply here.
Top