I-485 Denied Urgent help needed.

L

longGC

Registered Users (C)
The lawyer informed me that my I-485 is denied.!!!!!! The letter from BCIS states

"The I40 petition upon which your application is based has been revoked. Therefore,your application is no longer valid. Accordingly, your application for adjustment of status
is denied.

This decision is without prejudice to consideration of subsequent
applications filed with INS."


Some background -
BCIS referred to my previous I-140 for the company I worked for. That company was acquired by another company and filed new I-140 for me. BCIS needs to look into the new I-140.

(I am recently layed off after I-485 was pending for two years. This is my third EAD.)

What do I have to do?

Please help.
 
longGC,

I am very sorry to hear that. I just have 1 question.

Did your new company file your new I-140 after you filed for your I-485? If so, did you send the new I-140 to TSC?

I wonder why TSC didn't send an RFE or a Notice to Deny first ...

Just consult a good lawyer about this immediately. Hang in there buddy.

PS: From the tracker, I saw that your ND was 07/02/2001 and your FP was 04/29/2003. Is this correct? Thanks.
 
Hi ,
Consult a very good lawer right a way.
Did anybody revoke your 140?
I will pray for you. Hang in there.
 
the same lawyer who informed you of the denial should be helping you file the approprate motions. Otherwise get another one ASAP.

I am curious because INS seldom just denies AOS applications without any previous rfes or a chance for the applicant to respond before getting outright denied.
 
Why did they do a new I140 instead of an amendment? All they need to do is to wait for the amendment to come through before withdrawing or revoking the original I140.
 
Even my employer has changed the name but as per as I know there is no need for new I140. All they need to do is to inform(file amendment) the BCIS about the change. I know that bunch of my friends got their approvals ( of course from other SC's) with old I140s itself. Your employer must have revoked your I140...double check on this and make sure that they have notified BCIS about the name change...Good luck.
 
jaxen & vk123,

This is what happened for me.

When I was with Co. A, my I-140 was approved. Just as I was about to apply for my I-485, Co. B bought Co. A.

Using "Successor in Interest", the Co. B re-filed my I-140. (Due to this "Successor in Interest", I didn't have to re-do my LCA). In fact, the following article was written about the scenario (http://www.murthy.com/UDmaepis.html). I am not sure if "So if an I-140 or an I-485 was pending at the time of the company’s merger, acquisition or other change, that petition would have to be re-filed." means "amendment of I-140".

To complete the story, it took another 7 months for my new I-140 to get approved. I had to apply my I-485 after I got the new I-140 approval notice in hand. I am not sure if Co. A has withdrawn my first I-140.
 
Last edited by a moderator:
I-485 Denied

To answer bajis's question,

Yes the new I-140 was filed after the I-485 was filed. My old company division got acquired by new company. I think they amended I-140 instead of filing new one.

My dates that are posted on tracker are correct.

After I was layed off, my company informed BCIS that I am no longer with them. On that basis BCIS revoked my I-140. But I had completed more than two years after filing I-485. With AC21, my I-140 should have been portable.

I am contacting a lawyer but not sure how much he would charge.

What should I do now?

Thanks to all. Please help. Time is running out.
 
longGC,

Thanks for the post.

>I think they amended I-140 instead of filing new one.
Did you ever get any approval notice for that amended I-140?

>But I had completed more than two years after filing I-485. With AC21, my I-140 should have been portable.
I am not familiar with the AC21. May be someone else can address this.
 
LongGC,
Sorry to hear your story.
If you had completed 180 days after filling for 485, then AC21 portability is applicable in your case.
That sucks that your old company (Bastards) reported to BCIS that you don't work for them anymore.
From the facts you have stated and the knowledge I have gained
from the forums & from my attorney, I think you can appeal this 485 denial.
Unfortunately will cause trauma & attorney fees.
At this point, you will have to spend some money to a good lawyer.
If you are in Houston, then you should get in touch with Rahul Reddy, QBP, Harry Gee, George wiley, etc. You might also want to check with Rajiv Khanna & Ron Gotcher on their websites.
http://www.immigration-information.com

Hope this helps.
 
I-485 Denied

Bajis - My new I-140 was filed after filing I-485. The new I-140 was approved a year ago. The I-485 was never filed newly. It continued as it was. My company attorney should have the copy of that I-140. ( I am not sure whether it was amended or filed newly)


Goastros - It was the later company that I worked for informed about layoff. Not sure why?


For appeal how much money I would need? Is this too complicated. I am not working anymore and feeling the pinch.

I have ran out of 6 years and H expired the beginning of this year. Am I out of status? If so what I need to do?

Please help. I have lost my sleep.
 
what abt the company attorney

LongGC, what abt the company attorney?
I am thinking, it is his fault, if a new I-140 was filed & approved with the new company (B), why is BCIS not using it.
 
I-140 Approved

As far as I remember, it was a year ago ( or more than that) the company attorney informed me about the approval of new I-140. However, he sent me e-mail. Unlike other times, he did not send any document to me.

To answer your question, the new I-140 is approved by BCIS and is with the company attorney. Now that I no longer work for company, the attorney routes all requests through my former company.

The attorney has asked me to hire some attorney (he intended to hire his firm) and act quickly.

I am thanking you all guys for your info and support.

Anyone out there with more suggestions. Please help.
 
Long GC

long Gc
Sorry to hear your case.
what about applying for 485 from your country based on the new approved I 140.

Also if you have continuing EAD, you could probably live here in US. Your category cpould be called (Limbo), but in the mean time keep looking for a job and get one.

regards
 
I'm sorry about your case but this whole situation sounds a little like someone in INS didin't do their diligence in sending you an employment based rfe. Because if you got laid off after 180 days of filing for I-485, then you are eligible for ac-21. so how does the INS assume that you haven't found another job in your line of work?

I got laid off from the company who filed my labor and i-140. when i got laid off, they cancelled my h1 but i was no longer on h1b because i was working under EAD. INS sent me an employment based rfe because they must have found out that h1b was cancelled. So all i had to do was send my new offer letter to INS to get my AOS adjudicated.

I think your argument during your filing to reopen motion should be the angle that you are currently working in your line of field as determined by your labor certification and your i-140 should have carried over to the new job. INS jumped the gun by denying your 485 without giving you a chance to explain yourself. Speak to your lawyer about this alternative, but you need to use your connections you have made over the last 6 years to get a job and get an offer letter.
 
CHECK YOUR CURRENT STATUS FIRST

Hi

If I were you I would check my current legal status in this country first. whether i am eligible to work or receive pay from the denial date till today, should i get my paystubs etc.

Secondly get hold of a good attorney meet the person personally with all the docs you have make a list of the docs you need and file a MTR (motion To reopen) within 30DAYS. (i do not know calendar or business).

check your previous employer thru your lawyer(especially if you are not at good terms with them now if they have revoked your 140). The case is that 140 is your employers application and after the 180 day period they can't revoke your 140 just inform BCIS that you are no longer with them. This could happen in 2 cases they recd. and RFE regd. your employer details which they could have given or an RFE for you in I485 which they cannot give legally as you are no longer employed with them.
case 2 If you had strained relationship with them.

Now, having done that the point could be that when your new ammendment I140 is approved the original I140 autonmatically gets cancelled. IF the BCIS officer does not enter specifically that this is the case then the adjudicating officer for I485 might just take it as I140 cancelled and hence this result. This is my opinion. I do not know if there is a way of rectifying this as I too might land in the same boat shortly.

check if you have changed your address during I485. 'cos your old employer would have informed your previous attorney about your quitting and then washed off his hands regd. further payment or dealings with your earlier attorney as regards your case. This has happened earlier too that people who have changed attorneys in the past after quitting on EAD and the attorney's office sends a letter to BCIS stating that all future correspondance regd. this case will not be handled by them and BCIS smells a rat.

In any case relax , don't panic, write down the different options, as there are hazaar ways of getting back into the system even if you have been illegal due to this kinda problem. e.g 245(i) and 245(k) etc. make sure you file your further processing under the right SECTION. this is very important and have a cool head as this will help you make the right choice.

BCIS mein der hai andher nahi.

P.S I am on H1-B and not an Attorney.The above is purely my feedback and not legal advice . Also ask gurus like JAXEN on this forum.
 
Deputydawg,
How long were you without a job then ?
Did they ask you for your prior year's W-2 in your RFE?
LongGC, have faith and ultimately all this will end well for you.
 
astros

i was lucky in the sense that i was out of work for two weeks but since i had a severance package, i was never technically without a pay check.

INS did not ask for anything else, no paystubs, no w2, no nothing. only proof that the requirements of my labor certification and i-140 are still valid. which in "human" terms means am i working in the same job category in which my labor was approved. however, i included my lay off letter with my new offer letter so that there is no ambiguity that i did not jump ship deliberately.
 
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