I-485 Denied - Syphyllis?

O

ohbobby

Registered Users (C)
I rcd an emial notice that my I-485 has been denied and notice is in the mail. dont know the exact reason, but this is what I know...

the USCIS designated doctor had marked the test for syphyllis as "reactive" on my medical form. I was diagnosed with syphyllis way back in 2004 but was cured and treated with penicillin and all the evidence of the same was given to the doctor.

could this be the reason for denial as just 2 weeks back my I-140 was approved but apparently they cancelled that as well along with my I-485denial.

if thats reason for denial what happens next. can I appeal with a retest? or is this the end of the road for me?
 
Could be that the reason for 485 denial is cancellation of 140 (at your employer's request, I would think).

Find out, why your 140 was cancelled...you will have to ask your employer most likely.
 
no my employer has not sent any cancellation for I-140. infact they were the ones to bring the notice to me saying that I-140 was approved.

anything else you think? thanks
 
If employer did not ask I-140 to be cancelled, then ask your employer to raise hell for cancelling an approved 140. I hope that you employers are not black listed...
 
sorry for my ignorance, but per your reply it seems that whatever the reason for denying I-485 the USCIS cannot cancel my already approved I-140?

is my understanding correct.
 
sorry for my ignorance, but per your reply it seems that whatever the reason for denying I-485 the USCIS cannot cancel my already approved I-140?

is my understanding correct.

employers are definitely not black listed.

thanks
 
ohbobby said:
sorry for my ignorance, but per your reply it seems that whatever the reason for denying I-485 the USCIS cannot cancel my already approved I-140?

is my understanding correct.

employers are definitely not black listed.

thanks
Click to expand...

USCIS can cancel approved I-140 due to fraud on part of applicant or employer .
 
Bottomline:

Your 485 denied because 140 was revoked/cancelled.

What can you do?

Push your employer/lawyer to enquire why/what for was the 140 cancelled and ask them to file for reinstatement of 140. Only your employer or their lawyer can do that.
 
RunninSloth said:
Bottomline:

Your 485 denied because 140 was revoked/cancelled.

What can you do?

Push your employer/lawyer to enquire why/what for was the 140 cancelled and ask them to file for reinstatement of 140. Only your employer or their lawyer can do that.
Click to expand...

noted all your responses and thankyou very much.

but what I am trying to understand is

1. if the I485 is denied for medical/health reasons, can that be a resaon to deny the approved I140 as well.
2. if not then i have to investigate how and why my I140 got cancelled/denied after being approved just 2 weeks back.
3. lastly if as you say I485 was denied due to cancellation of the I140 then it has nothing to do with my medicals?
 
I-140 does NOT belong to you. It's upto employer to do what they want to with it.

If I were to DIE tommorrow. My employer can use the I-140 and give to a different employee.

So it what happens with your 485 (which belongs to you) does not influence 140. On the other hand what happens to 1-140 influences 485 (if 485 is pending for less than 6 months).

If your 485 is pending for 6 or more months then 140 revokation SHOULD not influence 485 otherwise it does.
 
Does INS directly disclose that Imployer cancelled the I-140?
Just wondering if additional checks are triggered if employer requests to cancel I-140.

Thank you..
 
RunninSloth said:
I-140 does NOT belong to you. It's upto employer to do what they want to with it.

If I were to DIE tommorrow. My employer can use the I-140 and give to a different employee.

So it what happens with your 485 (which belongs to you) does not influence 140. On the other hand what happens to 1-140 influences 485 (if 485 is pending for less than 6 months).

If your 485 is pending for 6 or more months then 140 revokation SHOULD not influence 485 otherwise it does.
Click to expand...

okay, getting to understand a lot here. but still lot of questions!

my I140 and I485 were concurrently filed in July 2007.
I140 approval email notice 8/26/08, hard copy 9/8/08
I485 denial email notice 9/8/08
I140 denial email notice 9/8/08
 
ohbobby said:
okay, getting to understand a lot here. but still lot of questions!

my I-140 and I-485 were concurrently filed in July 2007.
I-140 approval email notice 8/26/08, hard copy 9/8/08
I-485 denial email notice 9/8/08
I-140 denial email notice 9/8/08
Click to expand...
It is clear from your message that your I-140 was denied. Once I-140 is denied then no base for I-485 and I-485 has to be denied.
** The email message that you got it does not say I-140 revoked or cancelled it says Denied.
Once your company lawyer or employer get I-140 denial notice then only you will come to know why I-140 was denied.


** I don’t remember the LC substitution cut off dates. Did you use LC Substitution?
 
ginnu said:
It is clear from your message that your I-140 was denied. Once I-140 is denied then no base for I-485 and I-485 has to be denied.
** The email message that you got it does not say I-140 revoked or cancelled it says Denied.
Once your company lawyer or employer get I-140 denial notice then only you will come to know why I-140 was denied.


** I don’t remember the LC substitution cut off dates. Did you use LC Substitution?
Click to expand...

yes it says DENIED. i am not sure what the difference is between revoked/cancelled and denied. does it have to be cancelled for it to be denied or it can be denied for any reason that USCIS deems fit.
 
ginnu said:
It is clear from your message that your I-140 was denied. Once I-140 is denied then no base for I-485 and I-485 has to be denied.
** The email message that you got it does not say I-140 revoked or cancelled it says Denied.
Once your company lawyer or employer get I-140 denial notice then only you will come to know why I-140 was denied.


** I don’t remember the LC substitution cut off dates. Did you use LC Substitution?
Click to expand...

didnt notice the LC substitution part of your message.

As far as I know, there was no LC sub used. what is that anyways?
 
My 2 cents (perhaps even less):

Denied: Never was approved...some criteria not met like Ability to pay, qualification, etc.,

Cancelled: Was approved or is pending...but cancelled on the request of employer for reasons known to employer.

Revoked: Was approved...but later denied because of fraud or mis-representation (intentional or unintentional) by employer.
 
RunninSloth said:
My 2 cents (perhaps even less):

Denied: Never was approved...some criteria not met like Ability to pay, qualification, etc.,

Cancelled: Was approved or is pending...but cancelled on the request of employer for reasons known to employer.

Revoked: Was approved...but later denied because of fraud or mis-representation (intentional or unintentional) by employer.
Click to expand...

that definitely helps. tks

m/w heres more info that I learned...

my LC or the application for Green card (not sure what term needs to used here) was filed under EB3
the I140 when approved was approved under EB2

does this mean anything?
 
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