I-485 Denied

F

fmmac

Registered Users (C)
Posted on June 28, 2008

Myself
Applied for I-485 with already approved I-140. Applied for my wife as a derivative. I am working for the same employer though which I applied for my I-485. I have an EAD card and working on EAD. EAD card will expire in next three months.

Wife
Applied for I-485 with already approved I-140. Applied for me as a derivative. My wife is working for the same employer though which she applied for her I-485. Wife has an approved H1B which is not stamped on the passport. She went out and came back into the county on Advance Parole. She also has an EAD card. EAD card will expire in next three months.

My wife got a different A number (as primary and as a derivative). I got the same A number as primary and as a derivative.

My previous employer’s I-140 was in process and it got denied. This triggered denial of all the i-485s both myself and my wife’s. The reason for denial was “concurrently filed I-140 was denied hence 485 is denied). The 485 denial notice does not indicate the EAD has been revoked.

This is an obvious clerical error, as we already had approved I-140s when we applied for 485. Yesterday we applied for motion-to-reopen.

Now my question is………………………… when to apply for EAD card renewal.
1) If we apply for EAD renewal right away the probability is that they might revoke the EAD card with immediate effect since the current status of 485 is denied.
2) If I wait for I-485 case to be re-opened, I would loose 1 to 2 months and wont get the EAD renewal in time.

Please suggest I am so confused.

Thanks!
 
fmmac said:
Posted on June 28, 2008

Myself
Applied for I-485 with already approved I-140. Applied for my wife as a derivative. I am working for the same employer though which I applied for my I-485. I have an EAD card and working on EAD. EAD card will expire in next three months.

Wife
Applied for I-485 with already approved I-140. Applied for me as a derivative. My wife is working for the same employer though which she applied for her I-485. Wife has an approved H1B which is not stamped on the passport. She went out and came back into the county on Advance Parole. She also has an EAD card. EAD card will expire in next three months.

My wife got a different A number (as primary and as a derivative). I got the same A number as primary and as a derivative.

My previous employer’s I-140 was in process and it got denied. This triggered denial of all the i-485s both myself and my wife’s. The reason for denial was “concurrently filed I-140 was denied hence 485 is denied). The 485 denial notice does not indicate the EAD has been revoked.

This is an obvious clerical error, as we already had approved I-140s when we applied for 485. Yesterday we applied for motion-to-reopen.

Now my question is………………………… when to apply for EAD card renewal.
1) If we apply for EAD renewal right away the probability is that they might revoke the EAD card with immediate effect since the current status of 485 is denied.
2) If I wait for I-485 case to be re-opened, I would loose 1 to 2 months and wont get the EAD renewal in time.

Please suggest I am so confused.

Thanks!
Click to expand...

make it clear for Your wife:
I-140 approval date
filed I-485 date
your wife has H1 extension but whet out and entred on AP
Regarding her A#, if she got any I-485 filed and got Reciept notice then her A# is on that and if she filed second I-485 she should have written the earler A# on second I-485 form

make it clear for YOU:
your previous employer filed I-140 for YOU and Your I-485 was also filed with that I-140 and that I-140 got denied for you. If that is true then your I-485 or your wife I-485 based on your I-140 should be denied and EAD ,AP based on that I-485 are not valid.

*** your I-140 denial should have no impact on your wife I-485 and your derviative I-485 that is based on her approved I-140 . you can file EAD based on pending dervative I-485 and your wife can also file EAD based on her Primary Pending I-485
 
Last edited by a moderator:
Your multiple filings confused them, and your description of them confused us.

Did you also file an I-485 for the previous employer whose I-140 was denied?
 
ginnu said:
make it clear for Your wife:
I-140 approval date
filed I-485 date
your wife has H1 extension but whet out and entred on AP
Regarding her A#, if she got any I-485 filed and got Reciept notice then her A# is on that and if she filed second I-485 she should have written the earler A# on second I-485 form

make it clear for YOU:
your previous employer filed I-140 for YOU and Your I-485 was also filed with that I-140 and that I-140 got denied for you. If that is true then your I-485 or your wife I-485 based on your I-140 should be denied and EAD ,AP based on that I-485 are not valid.

*** your I-140 denial should have no impact on your wife I-485 and your derviative I-485 that is based on her approved I-140 . you can file EAD based on pending dervative I-485 and your wife can also file EAD based on her Primary Pending I-485
Click to expand...

Regarding my Wife:
Her I-140 approval date (Notice Date) March 2, 2006. When her I-140 got approved there was no A number on it. Her 485 Notice Date is August 17, 2007. She filed 485 as primary and also file my 485 as Derivative

Regarding Myself.
I filed 485 as primary based on approved i-140 of the current employer and also filed 485 for my wife as derivative. My previous employer's I-140 got denied. My current employer's I-140 notice date is July 16, 2007. My 485 notice date is August 17, 2007. I applied 485 based on the current employer's approved I-140.

Last week my previous employer's I-140 got denied which triggered denial notice for all the i-485s both mine(primary and derrivative) and my wife's(primary and derivative)

I hope I answered your questions. If you need more info pls let me know.
 
ginnu said:
make it clear for Your wife:
I-140 approval date
filed I-485 date
your wife has H1 extension but whet out and entred on AP
Regarding her A#, if she got any I-485 filed and got Reciept notice then her A# is on that and if she filed second I-485 she should have written the earler A# on second I-485 form

make it clear for YOU:
your previous employer filed I-140 for YOU and Your I-485 was also filed with that I-140 and that I-140 got denied for you. If that is true then your I-485 or your wife I-485 based on your I-140 should be denied and EAD ,AP based on that I-485 are not valid.

*** your I-140 denial should have no impact on your wife I-485 and your derviative I-485 that is based on her approved I-140 . you can file EAD based on pending dervative I-485 and your wife can also file EAD based on her Primary Pending I-485
Click to expand...

Jackolantern said:
Your multiple filings confused them, and your description of them confused us.

Did you also file an I-485 for the previous employer whose I-140 was denied?
Click to expand...

I never applied I-485 based on my previous employer. I applied I-485 based on the current employers approved I-140.

Last week my previous employer's I-140 got denied which triggered denial of all I-485's that is
1) Myself as primary and wife as derivative
2) My wife as primary and myself as derivative.
 
fmmac said:
Regarding my Wife:
Her I-140 approval date (Notice Date) March 2, 2006. When her I-140 got approved there was no A number on it.
Click to expand...
They don't normally put the A number on it.
Her 485 Notice Date is August 17, 2007. She filed 485 as primary and also file my 485 as Derivative
Click to expand...
She would have received an A number from the first I-485 filing. That same number should have been written in by her when filing the second I-485.
 
fmmac said:
Regarding my Wife:
Her I-140 approval date (Notice Date) March 2, 2006. When her I-140 got approved there was no A number on it. Her 485 Notice Date is August 17, 2007. She filed 485 as primary and also file my 485 as Derivative
-----She got her A# on her I-485 reciept and you got your A3 on your I-485 filing reciept

Regarding Myself.
I filed 485 as primary based on approved i-140 of the current employer and also filed 485 for my wife as derivative. My previous employer's I-140 got denied. My current employer's I-140 notice date is July 16, 2007. My 485 notice date is August 17, 2007. I applied 485 based on the current employer's approved I-140.
-----------------------you applied second I-485 as Primary based on current employer's approved I-140(you were supposed to write your A# on your Second I-485 form that you got on your derviative I-485 filing reciept and your wife filed her Second I-485 as Derivative and she was supposed to write her A# that is on her Primary I-485 reciept)

Last week my previous employer's I-140 got denied which triggered denial notice for all the i-485s both mine(primary and derrivative) and my wife's(primary and derivative)
--------------------------- Your wife has valid I-140 and you both have I-485 pending on that. You filed Second I-485 as primary and wife filed as Derivative based on Your Current employer I-140 approval.

why the past employer I-140 denial make your derivative I-485 and Primary I-485 denied??? your both I-485 are not based on the I-140 that got denied and your wife has two I-485 that has nothing to do with your Past employer I-140 that got denied.
*** it is USCIS error.
**** what reason they gave you on denial notice????I hope I answered your questions. If you need more info pls let me know.
Click to expand...

---------- your Lawyer should explain it to USCIS that they made a mistake
 
ginnu said:
---------- your Lawyer should explain it to USCIS that they made a mistake
Click to expand...

Yes indeed it is USCIS error. We file a motion-to-reopen both the cases. The lawyer indicated that it was USCIS error.

Now my question is………………………… when to apply for EAD card renewal.

1) If we apply for EAD renewal right away the probability is that they might revoke the EAD card with immediate effect since the current status of 485 is denied.

2) If we wait for I-485 case to be re-opened, we would loose 1 to 2 months and wont get the EAD renewal in time. We will have to stop working until we get the EAD renewed.

Please suggest.
 
If you apply for the EAD before the I-485 is reopened, they'll reject it.

Continue working whether you get the EAD in time or not. Once the case is reopened and you haven't spent more than 180 days working without it, they shouldn't hold it against you. But talk to your lawyer about that.
 
Thanks Ginnu and Jackolantern for taking time to respond.

On Friday(06/27) my lawyer filed a motion-to-reopen. It will take sometime, one to two months to reopen the case.

I was thinking on the lines to get an infopass appointment and explain them the situation present them the documents (approved I-140 and denial notice). Will this help to expedite the process of reopening the case?

Do you think its is wise to do this? If it is a good idea to do this, should I go alone or take my lawyer along with me?

Please suggest or share whatever info you have in this regards.
 
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