I485 issue... please Help!!!

[ecuellaro]

Hello.

My I1485 was denied on April 04 because my I140 (concurrent filing) was denied as well. During that time I received the FP notice and I did not go to have them taken due to my lawyer's advice.

My lawyer sucessfully appealed and on October 04 my I140 was approved and my I485 was reopened.

It has been 6 months by now and I haven't gotten any FP notice or lud changes at all!

I'm affraid that this time now the officers at NSC may want to deny my I485 again saying that the case was abandoned because I did not go to have my FP taken .

Is this possible risk?

Please elaborate, any advice or comment is greatly appreciated.

My case details are:

-PD Sept 2001
-I'm not from a retrogression affected country.
-I140/I485 ND Sept 2003
-I140/I485 denied Apr 2004
-I140 approved (based on motion to reopen appeal) Oct 2004, I485 reopened.
-Currently on H1B status, 7th year extension approved March 11 2005

Thanks

 

[rdip]

the FP notice, if you carefully read it, are valid for a while. If you cannot keep the original date...there is a few months grace as noted on the FP notice (but maybe not as long of a grace as in your case...but do check that FP notice). You can also try taking an infopass appointment and talk with an officer at your local INS office where you were scheduled for FP...mention you received the notice "late"...or "an oversite on your part" and see what they say ... who knows they still mite FP yu? BTW, why did your lawyer say not go for FP when you got the notice???

 

[ecuellaro]

My lawyer did not give me any specific reasons.
My I140 was denied 1 month before the date on my FP and my lawyer just adviced me not to go.

Now I'm regretting that.

 

[bcis]

Don't worrry! Just attorney can demonstarte while preparing request to INS.
At the time of FP shedule ...ur 485 is not active so they will issu FP notice once if you inform to INS about missing to attend FP.

All the best........

My lawyer did not give me any specific reasons.
My I140 was denied 1 month before the date on my FP and my lawyer just adviced me not to go.

Now I'm regretting that.