I485 denied

threeyearwait

Registered Users (C)
Hi
what happens if my I485 gets denied?

Can I appeal ? or is it my employer who has to do it.
My case is complicated.

Worked for company A which filed for my green card, got laid off and now working for company B at a lower salary.
Inbetween I had a gap of about 8 months, (unemployed).

Company A did not give me copies of my I140 or Labor approval so now I got an RFE and cannot seem to find the right descripition or job responsibilities.

My attorney says he absolutely needs the documents and Company A doesn;t give me the documents.

I am in the same job type "Software Engineer" but not sure about the particulars/details.

Any help and advice is greatly appreciated.

Thanks
-R
 
what were u and your lawyer doing before . There were many posting here on FOIA using which you get your documents back. Tell your lawyer to buy you some time for RFE if possible with some of his tricks of trade and file FIOA asap get your 140 and LCA copy.


find a link on this portal whih has link to DOL site where you find what LCAs were filed by which compy. but it has detailed up to 2001. You might get lucky there.
 
Last edited by a moderator:
threeyearwait

Jeez, For a moment, I thought your case has already been denied.

Kind of a scary message subject.:(

BTW, Does anyone know of any case that was actually denied due to these reasons.
 
supid subject line

You better change the subject line. It implies that you have already been denied.

What if my I-485 is denied sounds better?
 
maybe this guy got denied already :( :( :(

How long were you got laid off after you filed I-485?

Did company A withdraw your I-140?

Rib...
 
1. As Ghost-rider mentioned, file under FOIA for all your documents ASAP!!!!!!!!!
2. Using your LC/140 approval reply to the RFE ASAP!!
3. Have no worries on account of lower salary. Under AC21 Salary is not of major concern unless you have a chance of getting on public charge.
4. Don't waste any more time, do things very very expeditiously

good luck and keep us informed.



To the people complaining about the title of the thread etc. I suggest you not post if you can't contribute constructively. The guy has enough on his mind without you guys jumping on him for something as silly as thread headers. (While I usually subscribe to your theory of the thread reflecting the true nature of the case there is a time and place for everything and this is not the time for super anality!)
 
Ask for 485 packet

Instead of asking for I-140 or LC, ask for the I-485 packet submitted on YOUR behalf. This packet will coantain both I-140 and LC and the attorney is obligated to provide you with a copy of your I-485 packet.

If you hire a new attorney, s/he will also know how to get the 485 packet from your previous attorney.

Good Luck.
 
original poster

Sorry if the subject was misleading :eek:

and thanks for understanding......

I have been laid off after more than a year with company A.

In the process of getting the I-140 and LCA docs from Company A.

How can the attorney help to get the papers/Docs from Company A.?

My attorney says there is no obligation on the company's part to provide me with the documents. I have until end of March to submit the reply to RFE.

I guess I can extend it if I don;t get the documents in time.


-R
 
Re: original poster

Originally posted by threeyearwait
How can the attorney help to get the papers/Docs from Company A.?
My attorney says there is no obligation on the company's part to provide me with the documents. I have until end of March to submit the reply to RFE.
I am not sure if you read my post. Again use FOIA and get your documents directly from INS! Your lawyer can threaten your old lawyer with pretty much the same thing. That the documents rightfully belong to you since they concern you.

I don't think you are grasping the gravity of the situation, time is SHORT, you do not postpone things like RFE's etc. So go where you will get your answers for sure. File FOIA at the INS and request them to expedite your file. If you want to run around your old company, do so in parallel.

Offcourse it is up to you, but I would be jumping though the hoops if I were you to get this out ASAP!
 
seems u do't understand what kinda mess you are in . get the papers from fredom of information act ( FIOA) from INS and tell your lawyer to get things from your former lawyer else get ready to file a new LC and 140.



samajta nahi yaar......
 
In the meantime reply to rfe with some explanation

within the time period. then u can get attempt to get those documents.
Hire a new lawyer if neccessary.
 
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