I-485 Denied (very sad) please advice

P

peptic ulcer

Registered Users (C)
Friends ,
I had a I-485 (NIW) pending from Dec 2001. I had recently applied for my EAD renewal. I got a notice from USCIS today regarding my EAD renewal stating it was denied because my I-485 was denied. I had never recieved any denial notice about my I-485 from USCIS and online status never said anything about I-485 Denial.

I spoke to a Good IIO this evening , he said my I-485 was denied on 9/9/04 and was undeliverable.He cannot tell me why it was denied I have to wait for the notice I told him I had filed AR-11 when we moved and called twice to update adress on my I-485. He said he is sending an E- mail to VSC saying I never recieved the mail. I asked him isnt there a time limit to appeal he said this was a US mail issue not USCIS issue . He said not to give up!

Questions:
1. I have a H1B visa stamp in my passport till april 2005, am I out of status now, do I have to leave the country.
2. what is the time limit to appeal. can all denials be appealed or some cnnot be appeled at all.
3. I have an approved labor for last 2 year which I never used Can I use it now.
4. How to expedite resending of the denial notice to current address.

To top it all I have been doing all my immigration stuff by myself for last 6 years , I feel stupid now
This board has been very supportive for last 6 years to me .
please advice I want all the senior members to advise
thanks
 
Thanks united nations

My I-140 was approved aug 2001.
I am talking to some big lawyers tommorow.

You mentioned I-485 denials are generally not appealable.
Than how do you reopen the case.

If I file another I-140 through labor certification does this current denial affect the whole proceess.

My salary is about 20% more than mentioned in my LC do I need to amend.

I will also email On GC train.
thanks again gave me some hope
 
thanks, Good man unitednations

I am planning to talk to shusterman, rajiv khanna and sheela murthy tommorow, will see.
do you Know any other good lawyers for denails.

I still want to know why they denied.still can't believe it
 
peptic ulcer said:
Questions:
1. I have a H1B visa stamp in my passport till april 2005, am I out of status now, do I have to leave the country.
2. what is the time limit to appeal. can all denials be appealed or some cnnot be appeled at all.
3. I have an approved labor for last 2 year which I never used Can I use it now.
4. How to expedite resending of the denial notice to current address.
Click to expand...

Sorry to hear this. Talk to a good attorney immediately...

1. If you are still working on H1B, you are in status until Apr 2005
2. Did you receive any 'Intent to deny' notice before? Unless you receive the denial notice from CIS, you can not determine, whether you can file 'MTR' or not.
3. Yes, you can use it.
4. Ask a good attorney to contact CIS and get the denial notice.
 
I never recieved an intent to deny that is weird.
I am still working fulltime for H1B employer for last 5 years however I have moonlighted now and than on EAD. I think I am in trouble.
 
peptic ulcer said:
I never recieved an intent to deny that is weird.
I am still working fulltime for H1B employer for last 5 years however I have moonlighted now and than on EAD. I think I am in trouble.
Click to expand...

Recently I saw a case I-485 denied because of missed second FP. But in reality that person neither receives second FP notice nor his online status was changed.
I suspect that they generated RFE or NOID or second FP notice which never reached you.
Appeal it ASAP. It is service center error. You will get approval.
 
You need to talk to your attorneys immediately.

To answer your questions,
1) you are prefectly in status until April 2005.
2) There is time limit to appeal.. but you haven't received your denial notice or intent to deny notice yet. You can explain in a letter to USCIS with help of your attorneys and they probably let you to appeal or they can reopen the case,
3) You can use an approved labor.
4) Send a fax letter to them or contact your local senator or congressman, but first contact your attorneys and they will help you. Please take all immigration receipts and all copies of your 485, I40, labor, passports, notices, tax returns, w2, paystubs, bank statement with you to your attorney so they can examine and help you.

In my opinion about why they denied your case, it looks like they sent you a RFE and you haven't received it yet. It probaby caused them to deny your case since your RFE was not responded. Please check your status of your I140, I485, EAD, and AP and see what the status said on the internet. I can't think of more reasons why they denied your case, but I can think of three reasons: never responded to RFE or revoked I-140 or there were not enough evidences to support your 485 case.

Never give up! Please let us know how it goes with your attorneys. Don't feel stupid. It just happens. Just pray. Hope you will be approved. At least you are in status.

Good luck! but please let us know. ok?
 
Very sound suggestions/advice has already been given to you. Just wanted to say Good luck and God speed. :)
 
I feel sorry for you. I can imagine what you must be going through. But, dont give up. As others have suggested, you should be fine.

Wish you good luck.
 
You are in better position then mine I am still working with lawyer to reply back to my NOID.During this process so far what knowledge i gain accordingly if you are still working on H1 and have H1 valid you are fine.First you need to find out cause of denail and accordingly you can fight /apeal.You can always apply from labot to GC again nothing can stop for it if you are ready to wait for another couple of year.
My case is more complicated then yours as don't have H1 and working on EAD since last two years.I will keep posting update on my case.
Wishing you good luck
 
peptic ulcer and hmpUS,

Really sorry to hear about your situations. I hope god will help you to find good solution for your current situation and get GC process in your favour.
 
Peptic ulcer & hmpUS,

Sorry to hear for what you guys are going through.

I am sure both of you will come out much stronger and emerge as winners after fighting such mammoth obstacles!

Be Strong!

Wishing you all the very very Best and God Bless you!

Good Lawyer responded to queries successfully for Anamika (Immihelp Forum)
http://boards.immigration.com/showthread.php?p=868704#post868704
Lawyer Name: Keshab Raj from NY
website name: <http://www.greencardmaker.com>
 
Last edited by a moderator:
Sorry to hear the sad stories about the denail. There must be some reason for BCIS to do that and I think you should follow up with lawyers immediately and find out the reason. Most likely it is BCIS's mistake. peptic might miss some refer or actions.

Keep calm and I do think God is watching each of us in this planet.
 
Be strong and fight back full force. Leave no stone un-turned in your effort to appeal this. Get a good lawyer first as that's primary. Then make sure that you consult others who may be in the similar situtation.

I would request the moderators to make this sticky so that this poor fellow can get maximum advice from others who were/are in similar sitiuations.

Best of luck,
Savant
 
Just wanted to add my support. Hopefully these are just processing errors that can be remedied eventually.

Keep your spirits up and let us know how things turn out.

ETA
 
update and thanks for all senior members

wanted to update, still in disbelief and cautiously optimistic
My I-140 was reopened on a BCIS motion 2-3 weeks ago even before we had filed the brief for MTR (after filing 290B we had asked for one month to file a brief)
this is what my I-140 online status says,
this case was reopened on a BCIS motion, and the case is now in process. It is taking between 90 and 485 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

to united nations does this mean my case was reopened by BCIS on their own or was it secondary to filing of 290B.

you guys need to know this, classic example of USCIS mismanagement,
recently filed brief for my 290B (MTR) INS returned the whole packet of brief saying that they have recieved my form EOIR-29! and it was not accompanied by fees, we had enclosed a cheque for $110 and when I check my bank statement USCIS has cashed it !. what a shame. they have cashed my cheque and say i didnot send fees, also I filled form 290B and they are saying we recieved your EOIR-29, go figure.
we are resending the brief with the photocopy of encashed cheque.

this is what I know from senators office couple correspondence fron USCIS and intent to revoke I-140 were mailed to my old address inspite of calling NSC twice and filing AR-11. Senators office helping me a lot.

Still do not know why I-140 was revoked , FOIA still pending.

feels like an international conspiracy! just kidding. do not know whether to laugh or cry.

United nations, ar888, Tammy2 and others comments, ideas and what to expect.
thanks as always
 
We are just arguing that INS did not register the change in my address and my previous attorney was impacted by 9/11 so nobody ever recieved notice of intent to deny. we are using affadavits, proofs of calling NSC to change address etc.
I guess we can add "firstland" precedent that states INS must have communicated the intent to deny to both petitioner and benefeciary which never happened in my case, also I have always been inside US.I will tell my attorney promptly about this.
thanks united nations for being such a great help.

for united nations, have you come across any other legal precedent/cases where not recieving notices because of mail problems or USCIS not properly registering the address change was upheld and revocation was reversed.

My attorney says mail/address problems are difficult to fight.she also thinks now that I-140 is reopened they will not send FOIA till a deciscion is made on the case.

Moral of the story "do not move when I-485 is pending"
 
peptic ulcer and hmpUS,

Sorry to know about your situations. As others requested please post your updates here in this thread. I have a couple of questions,
1. in What situations in 485 BCIS will send NOID?
2. Is it because always 140, 485 gets NOID or 485 alone can get denial?

As you both would have spoken with big attorneys, if you could spot some light on these, it would be helpful for others, and they dont have to suffer immidiately once they know about NOID.
Thanks,
RS
 
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