I485 rejected H1B visa expired .Please advise.

I

IntazarGC

Registered Users (C)
Hi gurus,
My H1B visa expired on 08/31/01 and a week before my I485 application got rejected (I think because of INS error). My company lawyer did put in the H1B renewal by the end of the day on 08/31/01. My questions are,
1. Because Sep 1,2,3 are holidays is it going to be a problem?
2. Can I go to work on Tuesday (09/04/01)?

Your advise and feedback is greatly appreciated.

Thanks in advance.
 
No Title

Thank you,

The reason for I485 rejection is my first i485 application was filed based on some Class Action law suite (Chinthakuntla Vs INS) on which i did not had much hopes but my lawyer tried it anyway, which INS rejected. My second I485 application was perfectly valid with an approved I140 even than INS rejected it giving the same old reason i.e, the reason given for my first I485 rejection.

Do you think INS could do such stupid thing?

Thank you again.
 
Help me understand please.

Hi

What is the Chithakuntla Vs INS case is about ? Could you please explain this. Is it anything to do with BS+5 applying in EB2 ?

I am a BS+5 case, I have an I-485 pending in NSC which is based on a EB2 (I-140) approval. However, I also have an I-140 approval on EB3, can I switch to this.

I am worried. Pl. let me know.

Venkat
 
No Title

If you have an approved EB2 I140 then you don\'t have to worry, my case is little more complicated you should be OK. Even my I485 rejection notice said that I can reapply for AOS with a approved I140(unfortunately my I485 got rejected even with approved I140 EB2).

Hope for the best, ever since I started my GC process I having a very bad experience with INS.

Good luck.
 
Have faith in God.

You can try the following options:

0) Contact your Senator.

1) Try talking to the IIO about this case. There is a nice lady IIO who is generally very helpful, if you get her on line and explain your situation she might me able to help you.

2) Is there any way you can appeal the rejection ? If so you can appeal with the copy of the original rejection where they mentioned you can re-apply with an approved I-140.

Hey, have faith and pray to God (whoever it is).

Good Luck

venkat
 
Could you please clarify further

I have some more questions.

1. What do you mean approved I-140 ?

2. Did you also apply in EB2 with BS+5 ?

3. and the class action you are talking about is it to do with BS+5 in EB2 ?

Please respond.

PS: My lawyer warned me when we applied for Labor under EB2 with BS+5, that INS can reject at any stage. I am getting worried now.
 
Have faith in God.

You can try the following options:

0) Contact your Senator.

1) Try talking to the IIO about this case. There is a nice lady IIO who is generally very helpful, if you get her on line and explain your situation she might me able to help you.

2) Is there any way you can appeal the rejection ? If so you can appeal with the copy of the original rejection where they mentioned you can re-apply with an approved I-140.

Hey, have faith and pray to God (whoever it is).

Good Luck

venkat
 
No Title

It seems clear that INS made a mistake in your case.

You can (and should) file an appeal to a higher authority as well as a motion to reconsider to the NSC.
This has to be done fast. There are pretty strict deadlines (something like 30 days from the date of rejection of your application) for filing a motion to reconsider.
 
No Title

Do you really want to know how much my case is screwed ? read the following,

1. Labour applied in EB3 (BS+2) in May 1999 and got approved in Nov 1999
2. Applied for I140 in EB2 (not my fault it is because of stupid company lawyer) and got rejected.
3. Because the PD was not current and not aware of any fast movements in PD lawyer tried to substitute with other I140(only MS req) which is another act of that stupid lawyer.
4. Even my company got frustated with the lawyer and switched to other lawyer.
5. New lawyer tried to see if my case can fit under class action law suite (Chinthakuntla Vs INS regarding BS+5), as usual got rejected saying my case does not fit in the class action case.
6. Lawyer tried to substitute another EB2 I140(BS+7) by promoting me in the company, and this time I got my I140 approved. But no fun yet, it got approved under wrong category i.e EB3 (PD not current at that time)
7. Lawyer applied for correction.
8. PD became current for EB3
9. applied for I485 with approved I140 (one which is wrongly approved in EB3)
10. I140 correction came through successfully but it was of no use as EB3 was already current.
11. one fine day I came to know from my lawyer that my I145 got rejected
12. Lawyer applied for I485 correction directly to the supervisor

the rest is already in this discussion
 
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