My I-485 also be denied and need your kind help
That is re-post because nobody reply my concern. I post it again and hope to get any idea, suggestion on my case. Thank you so much!
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 because I did not get any respone from USCIS about the request to transfer my I-485 to my approved I-140. 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. Please help!!!!!!!!
