I-485 Denied with wrong information

R

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 was withdrawn.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
 
Last edited by a moderator:
act quickly ...

The december 22, 2005 may be a typo mistake. Maybe it was intended to be december 22, 2004. But you/lawyer will have to call the USCIS and confirm the same and get it corrected.

To me, it seems that your I-485 was denied because your immigrant petition i.e. the I-140 was withdrawn by your earlier employer. USCIS may not be aware of your AC21 application submitted to them when they made this decision. If I were you, I would have my attorney sort this out ASAP. I hope you have changed your attorney at the time of AC21 filing and not still using your employer's attorney. Probably a MTR may have to be filed to reopen your case. If you have switched your job after 180 days of filing I-485 and your new job profile matches or atleast close to that of your labor certification, then I guess you should be okay. But you have to act quickly.
 
Last edited by a moderator:
There are number of possibilities in your case ; If the information you have provided is correct .. Your lawyer can easily deal with it with a cover letter explaining details.

1, Yes you are out of status as of the date on the letter.
2, You will be required to contact previous employer, because only your ex-employer can appeal for your I140.
3, In case I140 is withdrawn by employer after being approved and 180 passed your I485 filling .. you are safe for AC21 and your lawyer should take care of it.
4, MTR needs to be filled in any case.
 
yes, LUD -- 12/20/2005

Just got confirmation from my previous employer's lawyer that he has withdrawn my I -140.

I am thinking of sending a letter to USCIS through my lawyer , as well filing MTR.

Any suggestions ?

Thanks
Mohan
 
ramamohana said:
yes, LUD -- 12/20/2005

Just got confirmation from my previous employer's lawyer that he has withdrawn my I -140.

I am thinking of sending a letter to USCIS through my lawyer , as well filing MTR.

Any suggestions ?

Thanks
Mohan
Click to expand...

Use a different lawyer unless your current lawyer has no affiliation to your former employer. I sent MTR couple of weeks back and currently waiting with abated breath. MTR usually costs 1.5 to 2.5k plus MTR fee of $385 for each 485 (if you have dependent 485's that were denied too).

Can you please PM me with your employer name.
 
My case is reopened

I filed MTR on January 11th and today I received the email from BCIS that my case is reopened.

Following is the message I got for my I-485:

"On February 13, 2006, this case was reopened on a BCIS motion, and the case is now in process. It is taking between 365 and 540 days for us to process this kind of case. We will mail you a decision as soon as processing is complete."


Cheers
Mohan
 
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