ramamohana
New Member
Hi,
I need help urgently. I received a letter from USCIS that my I-485 was denied.
Case Details:
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Service Center: VSC
Notice Date: Dec 30, 2004
I-140 Approved on Jan 26, 2005
First EAD: Jan 7 2005 - Jan 6 2006
Second EAD: Dec 15 2005 - Dec 14 2006
Changed Employer immediately after 180 days.
Sent AC21 papers to USCIS in August 2005.
I received the following letter 2 days after my second EAD was received.
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December 19,2005
Dear Sir/Madam,
On December 22, 2005 , you filed an application to Register Permanent Residence or Adjust Status ( Form I-485) under section 245 of the Immigration and Nationality Act.
" Title 8, Code of Federal Regulations, in part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the Act may be considered properly filled, a visa must be immediately available. If a visa would be immediately avilable. If a visa would be immediatel available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed for classification under section 203(b)(1),(2),or(3) of the Act is submitted simulataneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immedately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed. "
The immigrant visa petition filed in your behalf by xxxxxxxxxxxxxxxx. was withdrawn.
Absent evidence that your are entitled to any other immigrant classification, your application must be, and hereby is denied.
The regulations do not provide for an appeal from this decision.
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1. The letter says that the I-485 was filed on December 22, 2005 which is not correet. I filed I-485 in December , 2004. Also the date mentioned December 22, 2005 was after the letter was printed.
2. It looks to me that they are denying my case assuming that it was filed in December 2005.
3. Please advice what I should in this case . Should I just sent a letter or do I need to apply for motion to reopen.
4. What is my status right now. ( I am working on EAD)
Please advice. Thanks in advance for your help.
Best Regards,
Mohan
I need help urgently. I received a letter from USCIS that my I-485 was denied.
Case Details:
-------------
Service Center: VSC
Notice Date: Dec 30, 2004
I-140 Approved on Jan 26, 2005
First EAD: Jan 7 2005 - Jan 6 2006
Second EAD: Dec 15 2005 - Dec 14 2006
Changed Employer immediately after 180 days.
Sent AC21 papers to USCIS in August 2005.
I received the following letter 2 days after my second EAD was received.
--------------------------------------------------------------------------
December 19,2005
Dear Sir/Madam,
On December 22, 2005 , you filed an application to Register Permanent Residence or Adjust Status ( Form I-485) under section 245 of the Immigration and Nationality Act.
" Title 8, Code of Federal Regulations, in part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the Act may be considered properly filled, a visa must be immediately available. If a visa would be immediately avilable. If a visa would be immediatel available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If an employment based petition filed for classification under section 203(b)(1),(2),or(3) of the Act is submitted simulataneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immedately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed. "
The immigrant visa petition filed in your behalf by xxxxxxxxxxxxxxxx. was withdrawn.
Absent evidence that your are entitled to any other immigrant classification, your application must be, and hereby is denied.
The regulations do not provide for an appeal from this decision.
--------------------------------------------------------------------------
1. The letter says that the I-485 was filed on December 22, 2005 which is not correet. I filed I-485 in December , 2004. Also the date mentioned December 22, 2005 was after the letter was printed.
2. It looks to me that they are denying my case assuming that it was filed in December 2005.
3. Please advice what I should in this case . Should I just sent a letter or do I need to apply for motion to reopen.
4. What is my status right now. ( I am working on EAD)
Please advice. Thanks in advance for your help.
Best Regards,
Mohan
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