I-485 denied.... Plz any help appreciated..

R

rb19

New Member
Hi,

My I-485 is denied because of split decision of H1B - staying (disapproved) vs. working (approved) in US. My lawyer is saying to file Motion to ReOpen. What are the chances of winning a case in MTR? Are there any specialists / lawyers you know of who are the best in this.

My Lawyer also says I have no status till Motion to Reopen is settled. But My wife is H1B holder and I asked him if I could change my status back to H1B till it works out. He says no. He is saying that in MTR we will file that if timely filed H1B extension application is withdrawn, the illegal status starts counting 180 days from the date on which the application is withdrawn and not on the date when old visa expired. He wants to fight this case on this basis because its not my fault that Company [A] filed H1B extension at the wrong center.

Also, can I change my status to H1B till it works out? Any other ideas that can help in my case.

Here's my case history:

12-16-1999 1st H1B approved for Company[A]
02-07-2000 Landed in Atlanta, GA
05-31-2000 Moved to live in NJ, work in NY
01-07-2001 Went back to India to get married
02-21-2001 Entered in US via NY with Spouse on H4.
09-25-2002 Company[A] filed H1B extension at wrong INS center.
12-31-2002 Company[A] terminated employment
03-01-2003 Found employment with Company & they filed H1B transfer I-129
03-17-2003 RFE for Company. Left Company because they did not give offer letter in writing and were neither paying to me.
03-31-2003 Found Company[C] & they applied H1B transfer I-129 (USCIS recipt dt - 03/28/03 & notice dt - 03/31/03) & gave labor substitution.
07-11-2003 Company[A] Withdrawl of H1B extension
08-22-2003 Partial H1B for Company[C] approved. Split Decision - Work approved - Ineligible stay.
09-13-2003 I-140 (applicant), I-765 (applicant & spouse), I-485 [based on 245(k)] (applicant & spouse) filed
03-23-2004 I-140 approved
04-03-2004 Spouse's I-765 EAD approved - 03/31/04 to 03/30/05
06-18-2004 Primary applicants I-765 EAD approved
10-18-2004 Used AC-21 to change company to Company[D]
12-30-2004 RFE to prove valid status Oct 1, 2002 to Nov 18, 2003
04-20-2005 EAD I-765 re-applied for applicant
06-15-2005 Applicant's 2nd EAD approved - 06-15-05 to 06/14/06
07-07-2005 Applicant & Spouse's I-485 denied because of split H1B decision. Applicant was asked to leave the country & re-enter.

Not only Company [A] filed my extension in wrong place, they also filed my Labor by taking $500 from me and then when it was approved in year 2004, they didn't give me neither Labor nor my money back.

Any Suggestion plz ????
 
What happed company A H1? Is it revoked after the approval or before the approval? Do you have its receipt that will give you status upto December 31 2002.

Do you Company B H1 receipts or approval notice?

This is not because of split decision. What was your answer to RFE?
There should not be status problem because all the time there were pending H1 which is called as stay authorized by attorney general.
 
Plz rb19

Hi rb19,

Are you sure, deniel is becaz of split decision on H1B ?

What are the documents did you provide to show your legal status ?

Alos I believe, USCIS checks valid status from last entry to US, but in your case it checks from the day you entered first in US. Is it right ?

Could you Please send me the exact cause they mentioned on I-485 deniel notice ?

Thanks
 
When your transfer to company C, was your original H1 (first H1, not extension) still valid?

When you transferred out of company B, was the H1 you filed in company B ever approved?

It was company A's responsibility to get a H1 approval otherwise they hired you illegally from 09-25-2002 thru 12-31-2002. They are legally bound to get you a H1 approval and respond to any RFE or issues in the process of approval.

You could argue that it was not your mistake as a H1 is a company's responsibility.

How can they withdraw an extension filed on 09-25-2002 and keep you employed till 12-31-2002 ?
 
I believe even they insist about it during MTR review,

You must discuss your option 245(i)/245(?) (you are here since 1999) and pay fine $1000 to INS of their side of objection of staying without authorization.

It seems they have no issue about ur eligiability to approve ur GC only thing they are bound by rules and law and if 245(i) is ur door put first option in front of them. if $1000 make ur life easy do not hesitate.


Good Luck
 
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