I-485 got denied please advice

thanks all for your help. I just got denial notice in hand and it seems to be error at there part.
they ask for employemnt verification RFE and we submit it but they are saying that I am out of status from yime my H1 got expired to the time I got my second EAD.
but in fact they issue me one EAD which is not in there record as per denial decision. like I mention that I got first EAD from 1/20/05 to 01/20/06 and they are showing me out of status from 02/05 to 10/05 as my H1 6 year tems ends on 02/05.

My second EAD approve on 10/05 and vaild till 10/06. but to RFE we submit all of our EAD and approval notice but don't know what make then to think this way and deny this application. I don't know now how long it will take to approve as My PD is 06/03 in EB3.

We are filing for apeal to case let hope for best but thanks as you all knows waiting for gc from long time and then we get this kind of denial..but I was very tense last couple of days.
 
Just remember one more thing, EAD does not preserver your status, but filing for 485 does. Your 485 was filed in Nov 04 and that is before your H1 expired in Feb 05. So you were in staus all the time (until your 485 was denied).
 
gc2003nightmare said:
thanks all for your help. I just got denial notice in hand and it seems to be error at there part.
they ask for employemnt verification RFE and we submit it but they are saying that I am out of status from yime my H1 got expired to the time I got my second EAD.
but in fact they issue me one EAD which is not in there record as per denial decision. like I mention that I got first EAD from 1/20/05 to 01/20/06 and they are showing me out of status from 02/05 to 10/05 as my H1 6 year tems ends on 02/05.

My second EAD approve on 10/05 and vaild till 10/06. but to RFE we submit all of our EAD and approval notice but don't know what make then to think this way and deny this application. I don't know now how long it will take to approve as My PD is 06/03 in EB3.

We are filing for apeal to case let hope for best but thanks as you all knows waiting for gc from long time and then we get this kind of denial..but I was very tense last couple of days.
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Can you tell us what category you are in? I mean EB3 world or EB3 India/China. As you mentioned your PD is 06/03 and they are working on your I-485 eventhough USCIS donot have immigration VISA number. :confused:
 
dates are fishy...

you came here on 1998; Applied LC on 2003; But registered in this forum only on Sep 2006 ? gimme a break. Who are you actually ?

gc2003nightmare said:
PD is 06/07/2003 EB3 India..
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Guys, why are you hawkish ? I also came here on 1999 and I applied for LC in 2002. What's wrong with that ?

There is nothing wrong if the fellow joined this forum in 2006. Why do you guys think he is not saying the truth ? :) :confused:


asnssf said:
you came here on 1998; Applied LC on 2003; But registered in this forum only on Sep 2006 ? gimme a break. Who are you actually ?
Click to expand...
 
gckajadoo said:
Can you tell us what category you are in? I mean EB3 world or EB3 India/China. As you mentioned your PD is 06/03 and they are working on your I-485 eventhough USCIS donot have immigration VISA number. :confused:
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They are preadjudicating the cases so they can set up the line of pre-adjudicated cases that only need the visa numbers. This way they can save some time on both sides by sending all the RFEs and getting all the Biometrics.
 
puerthoughts said:
They are preadjudicating the cases so they can set up the line of pre-adjudicated cases that only need the visa numbers. This way they can save some time on both sides by sending all the RFEs and getting all the Biometrics.
Click to expand...

This sounds about right becasue recently (like a week ago), my LUD changed on my I-485 suddenly without chaning the message content. So they might be working or as you said, pre-adjudicating the cases so that they can simply assign VISA # later.

Thanks,
gckajadoo :rolleyes:
 
gc2003nightmare said:
they ask for employemnt verification RFE and we submit it but they are saying that I am out of status from yime my H1 got expired to the time I got my second EAD.
Click to expand...

Wonder why they ask for EAD ... as the status is maintained by pending 485.
But Ur attoney made a mistake .. when there is an RFE on EVL .. you should submit not only the letter from the employee .. but also the underlying document which makes you eligible to work .. Like if in the letter Ur employer says .. working from 1/1/2004 to date .. all the work authorization (h1b,EAD etc) from 1/1/2004 must be submitted.
 
Have you submitted the new I-9 form, when you started working on EAD? But, as long as your I-485 is filed, you should not be out of status. EAD has nothing to do with your legal status. Its just gives you authorization to work, but you can stay without EAD. but without legal employment, employment based gc will be denied by INS (just my 2 cents). I don't know what they were thinking. You can probably call them now and talk to them or explain them. They might be able to help and tell you why they are thinking that you are out of status.
 
defleopard22,

I have a question for you. Why would INS deny 485 application if the primary applicant is not working??

As per the present situation, it might take 10 years to get GC. To get GC, is the applicant have to work all these 10 years (40 hours/week)??

Why I am asking this question is, our 485 is pending since Nov 2004. We have two little kids and my wife wants to spend more time with them and reducing working hours to 34 hours/week. She will work for 40 hours/week when kids are older enough or as soon as we receive GC.

Is this will cause to deny our 485??

Your thought will be helpful.
 
Provide documention for the period

The applicant has to prove that during the period after I-485 was filed, he/she working with authorizarion (EAD or H1/L1). Of course, applicant can chose not to work during this period, but the burden of proof is on him/her that he/she didn't work during that time.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
-----------------------------------------
PD: Jan 2000
LC: Mar 2000
I-140 EB3: Jun 2000
I-140 EB2: Oct 2000
I-485: Jul 2000
I-485 AD: May 2002
 
As far as I know, law says that condition of your labor should continue to exist when your applications comes for the adjudication. So, your wife can do anything, but she should have a job, whenever INS reviews your case. It can also be an intermediary review, when they issue a RFE. Let me give you example of my case. I changed my job after filing Ac-21. So, INS is now sending me RFE every year asking me to prove that condition of my labor continue to exists, and they want me to submit letter from my employer every year. If INS does not send you RFE and your case is approved, that is the best case scenario. But, you want to be ready for the worst case scenario. If INS issues you a RFE, then your status should be good.

Is your wife with her original employer. I don't think if she works only 34 hours, it should be an issue, as long as her employer can give her employment verification letter with the same job duties as her labor, and she should have a permanent job. INS is giving you labor based on the fact that you have a permanent job, matching the approved labor.

If you have any doubt, you should consult a lawyer. Many lawyers can give you free initial consultation.
 
reopen 485..

Hi gurus,
I got letter from uscis saying they approve MOTIC and reopen my I-485....

They did not reopen my wife's I-485 application...it is in denied stage...from more than months...

I talk to USCIS but they said I need to apply for MTR within 30 days for my wife 's petition but how can I apply we apply for it as it is dependent and if primary gets reopen then they should reopen dependent ....am I right or we need to file separate motion to reopen her case....

pleaes help me out
 
gc2003nightmare said:
Hi gurus,
I got letter from uscis saying they approve MOTIC and reopen my I-485....

They did not reopen my wife's I-485 application...it is in denied stage...from more than months...

I talk to USCIS but they said I need to apply for MTR within 30 days for my wife 's petition but how can I apply we apply for it as it is dependent and if primary gets reopen then they should reopen dependent ....am I right or we need to file separate motion to reopen her case....

pleaes help me out
Click to expand...
u need to file seperate MTR.........both cases are independent after 485 stage...
 
gc2003nightmare said:
Hi gurus,
I got letter from uscis saying they approve MOTIC and reopen my I-485....

They did not reopen my wife's I-485 application...it is in denied stage...from more than months...

I talk to USCIS but they said I need to apply for MTR within 30 days for my wife 's petition but how can I apply we apply for it as it is dependent and if primary gets reopen then they should reopen dependent ....am I right or we need to file separate motion to reopen her case....

pleaes help me out
Click to expand...
First of all, Congratulations on reopening of your 485.
Ya, that is their typical response. You can file 2 MTRs buts you are right, your MTR will reopen your wife's 485 also. You just need to talk to the right person. Next time they tell you that you should have filed for MTR, ask them on what basis. The denial notice specifically say that there is no appeal for this denial because the 140 and primary 485 were denied. So even if you filed MTR along with your MTR, that would have been denied too. You can file MTR for secondary 485 after 140 approved and primary 485 is reopened. Read my thread at the following link for more info and how to talk to immigration officer at service center instead of national customer support people:
FYI: If your 485 re-opened after MTR on 140 but spouse 485 case did not re-open.
http://www.immigrationportal.com/showthread.php?t=167581
 
thanks....but My I-485 denied saying that I was involved in unathorized work for more than 180 days so not eligible to file for AOS so they denied My wife's I-485.

We applied for motic for me and mention in that to reopen my wife's I-485...but USCIS didn't reopen her motion. A usual people gets email from cris regarding case staus if it is reopen or approve but for me nothing change..no email but they did send decision notice of action....

So tell me shall I wait for couple of days or what will be next action...

as back up I applied for H1 extension after 6 year which got approve...but onw really worried about my souse case...
 
gc2003nightmare said:
thanks....but My I-485 denied saying that I was involved in unathorized work for more than 180 days so not eligible to file for AOS so they denied My wife's I-485.

We applied for motic for me and mention in that to reopen my wife's I-485...but USCIS didn't reopen her motion. A usual people gets email from cris regarding case staus if it is reopen or approve but for me nothing change..no email but they did send decision notice of action....

So tell me shall I wait for couple of days or what will be next action...

as back up I applied for H1 extension after 6 year which got approve...but onw really worried about my souse case...
Click to expand...
IMO, you should call the service center and ask that the dependent 485 should also be reopened as primary 485 is reopened now. If they still insist that you should file MTR for dependent then you should do so. In any case, you can file a new 485 for dependent, provided your PD is current.
 
gc2003nightmare,

my I-485 denied too filed MTR last Jan 19, 2007 and so far no reply from USCIS.
Pls let me know how many weeks or months to wait for USCIS reply from MTR?

How long did you wait before you finally get a response from your MTR???
Pls reply...thanks!!!!

WAREN
 
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