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I-485 Reopened
- Thread starter homeo
- Start date
If you are Ok, Can you share the reason for denial? why
If you are Ok, Can you please share the reason for denial? why
If you are Ok, Can you please share the reason for denial? why
homeo said:joined my previous company with approved labor
I140 I485 concurrently filed
I140 was approved in Oct 2004
changed jobs in April 2006
I485 was denied in July 2006
MOTIC filed on july 10th 2006
I485 was reopened on Aug 23rd 2006
Was your PD current when 485 denied?
thanks,
thanks,
homeo said:joined my previous company with approved labor
I140 I485 concurrently filed
I140 was approved in Oct 2004
changed jobs in April 2006
I485 was denied in July 2006
MOTIC filed on july 10th 2006
I485 was reopened on Aug 23rd 2006
I-485 reopened / AC21 case
My prevous employer revoked I-140 (I contacted the HR and came to know that they have sent a letter informing USCIS that i am no longer with that company, not sure if this is same as request to revoke !!)
USCIS immediatly denied the 485 application and sent out a letter.
My prevous employer revoked I-140 (I contacted the HR and came to know that they have sent a letter informing USCIS that i am no longer with that company, not sure if this is same as request to revoke !!)
USCIS immediatly denied the 485 application and sent out a letter.
Hello Homeo,
What exactly is MOTIC? Is it same as 'Motion to Reopen'? What is required to file MOTIC? And once filing MOTIC, how long did it take for your I-485 case to be reopened? Also, what hapened to your revoked I-140? Please share some info.
My I-140 too was revoked by my ex-employer. However, I did recieve the NOID letter from USCIS and I have also filed my response. I'm just watching what happens next.
What exactly is MOTIC? Is it same as 'Motion to Reopen'? What is required to file MOTIC? And once filing MOTIC, how long did it take for your I-485 case to be reopened? Also, what hapened to your revoked I-140? Please share some info.
My I-140 too was revoked by my ex-employer. However, I did recieve the NOID letter from USCIS and I have also filed my response. I'm just watching what happens next.
Last edited by a moderator:
GreenCardVirus
Registered Users (C)
rp1740 said:Hello Homeo,
What exactly is MOTIC? Is it same as 'Motion to Reopen'? What is required to file MOTIC? And once filing MOTIC, how long did it take for your I-485 case to be reopened? Also, what hapened to your revoked I-140? Please share some info.
My I-140 too was revoked by my ex-employer. However, I did recieve the NOID letter from USCIS and I have also filed my response. I'm just watching what happens next.
MOTIC is something like motion to reopen/reconsider before Immigration Commisioner ....
Motic
Though my 485 status is changed to 'reopened', my 140 status is not changed on the uscis site. I have not even received the approval notice for MOTIC.
I am not sure how MOTIC is different from MTR , but MOTIC seems to be faster. It took about a month for the process, MOTIC receipt date 07/19/2006, 485 reopened on 08/22/2006.
I am wondering why i did not receive NOID, My ex-employer mentioned that the 140 was not revoked by them but they did send a letter to USCIS to inform that i am no longer an employee. Not sure if that makes it worse !!!
rp1740 said:Hello Homeo,
What exactly is MOTIC? Is it same as 'Motion to Reopen'? What is required to file MOTIC? And once filing MOTIC, how long did it take for your I-485 case to be reopened? Also, what hapened to your revoked I-140? Please share some info.
My I-140 too was revoked by my ex-employer. However, I did recieve the NOID letter from USCIS and I have also filed my response. I'm just watching what happens next.
Though my 485 status is changed to 'reopened', my 140 status is not changed on the uscis site. I have not even received the approval notice for MOTIC.
I am not sure how MOTIC is different from MTR , but MOTIC seems to be faster. It took about a month for the process, MOTIC receipt date 07/19/2006, 485 reopened on 08/22/2006.
I am wondering why i did not receive NOID, My ex-employer mentioned that the 140 was not revoked by them but they did send a letter to USCIS to inform that i am no longer an employee. Not sure if that makes it worse !!!
GCdreamer2006
Registered Users (C)
Homeo, I'd appreciate if you can give me more details:
Tell me, how much does it cost (attorney fees) to get such case reopened ?
If you are on EAD, is it possible to continue the work on EAD while such Motion to Reopen is processed ?
Tell me, how much does it cost (attorney fees) to get such case reopened ?
If you are on EAD, is it possible to continue the work on EAD while such Motion to Reopen is processed ?
homeo said:Though my 485 status is changed to 'reopened', my 140 status is not changed on the uscis site. I have not even received the approval notice for MOTIC.
I am not sure how MOTIC is different from MTR , but MOTIC seems to be faster. It took about a month for the process, MOTIC receipt date 07/19/2006, 485 reopened on 08/22/2006.
I am wondering why i did not receive NOID, My ex-employer mentioned that the 140 was not revoked by them but they did send a letter to USCIS to inform that i am no longer an employee. Not sure if that makes it worse !!!
your status is still valid
In my case because my I-485 was denied, i was out of status (does not matter if my EAD was valid or not when 485 was denied) and was not supposed to work, so i went on leave of absense.
In your case because your I-485 is still in process ( you have received NOID ,not 485 denial, correct?), i think you can work as long as your EAD is valid. Please confirm this with your attorney.
MY MOTIC was paid by company, so i am not sure about the charges (I will find out tomorrow !!)
How are you planning to respond to NOID?
GCdreamer2006 said:Homeo, I'd appreciate if you can give me more details:
Tell me, how much does it cost (attorney fees) to get such case reopened ?
If you are on EAD, is it possible to continue the work on EAD while such Motion to Reopen is processed ?
In my case because my I-485 was denied, i was out of status (does not matter if my EAD was valid or not when 485 was denied) and was not supposed to work, so i went on leave of absense.
In your case because your I-485 is still in process ( you have received NOID ,not 485 denial, correct?), i think you can work as long as your EAD is valid. Please confirm this with your attorney.
MY MOTIC was paid by company, so i am not sure about the charges (I will find out tomorrow !!)
How are you planning to respond to NOID?
My attorney have already replied. Im just waiting on the next step. Also, here is what bothers me. Even when I-485 is reopened/pending based on my response to NOID or for eg. in your case, the I-140 has to stay valid during the final adjudication of 485. The I-485 is approved only when valid immigrant visa is available. To my knowledge, this is true.
Also, one of text from my NOID letter says "In order for the validity of the revoked immigrant visa petition (Form I-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you must submit the following:"
So from what I understand, the I-140 has to be reopened too or put to valid status even though it was revoked.
Also, one of text from my NOID letter says "In order for the validity of the revoked immigrant visa petition (Form I-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you must submit the following:"
So from what I understand, the I-140 has to be reopened too or put to valid status even though it was revoked.
"In order for the validity of the revoked immigrant visa petition (Form I-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you must submit the following:"
What are the documents they've asked you to submitt? Had you filed AC21 after your employment change?
thanks
What are the documents they've asked you to submitt? Had you filed AC21 after your employment change?
thanks
rp1740 said:My attorney have already replied. Im just waiting on the next step. Also, here is what bothers me. Even when I-485 is reopened/pending based on my response to NOID or for eg. in your case, the I-140 has to stay valid during the final adjudication of 485. The I-485 is approved only when valid immigrant visa is available. To my knowledge, this is true.
Also, one of text from my NOID letter says "In order for the validity of the revoked immigrant visa petition (Form I-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you must submit the following:"
So from what I understand, the I-140 has to be reopened too or put to valid status even though it was revoked.
rp1740 said:My attorney have already replied. Im just waiting on the next step. Also, here is what bothers me. Even when I-485 is reopened/pending based on my response to NOID or for eg. in your case, the I-140 has to stay valid during the final adjudication of 485. The I-485 is approved only when valid immigrant visa is available. To my knowledge, this is true.
Also, one of text from my NOID letter says "In order for the validity of the revoked immigrant visa petition (Form I-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you must submit the following:"
So from what I understand, the I-140 has to be reopened too or put to valid status even though it was revoked.
My Understanding is, when I-485 is reopened, the I-140 is reinstated too. If there is no approved visa, 485 should not be in process.
I will ask my attorney all these questions today.
In case of I-140 withdrawal by employer (for Labor Substitution) with I-485 pending for more than 1 year...let's say the employee received NOID and he replies with AC21 documentation promptly...
then the I-485 would be re-opened - what happens to the old I-140?
If the approval of the I-140 reinstated immediately - does the old I-140 status message change appropriately?
then the I-485 would be re-opened - what happens to the old I-140?
If the approval of the I-140 reinstated immediately - does the old I-140 status message change appropriately?