If 485 is denied, can I re-apply 485 again when current.

[sunnyz54321]

Dear Friends,

What happens if 485 is denied.Can I apply for 485 again from same company using the same labor and 140, ofcors when dates are current. I understand EAD/AP are valid only till 485 is pending. Can I apply 485 again, same like 140 can be applied again (or used to be that way before the new rule that makes labor unusable).

I am on yearly extensions of H1 after my 6-year, and currently applied for 3 year extension as my 140 got approved. I filed my 485/ead/ap in July 07.

What happens if I quit current company with 485 pending, but if I use EAD and in case current company cancels or with draws 485.

Thanks a lot in advance.

Thanks,
Sunny

 

[myitneeds]

why are you anticipating that your I-485 will be denied..

 

[Dallas03096]

What happens if I quit current company with 485 pending, but if I use EAD and in case current company cancels or with draws 485.

I-485 is your petition and your current company can not withdraw it.

If your I-140 is approved and 180 days have passed since filing I-485 you are safe under AC21 provisions.

 

[Jackolantern]

If your I-485 is denied, the labor and I-140 also become useless. You can appeal the denial or file a motion to reopen if it was wrongly denied, but reapplying would require a new labor and I-140.

Your I-140 has been approved and 180 days have passed since you filed the I-485, so you can change jobs under the AC21 rules and be safe from your employer revoking the I-140 (however, be prepared to respond to RFE or NOID and show that you have another "same or similar" job or job offer if the employer attempts revocation of the I-140).

 

[TheRealCanadian]

If your I-485 is denied, the labor and I-140 also become useless. You can appeal the denial or file a motion to reopen if it was wrongly denied, but reapplying would require a new labor and I-140.

That's not the case at all. I have no idea where you get this from.

Let's say an individual has been out of status for >180 days, and as such cannot adjust status based on 245k relief. However, nothing prevents that individual from, say, getting an H visa and re-entering the US, and then filing a new I-485 based on the approved I-140, and having it approved.

The eligibility for the I-140 and the I-485 are completely separate, and denial of the I-485 will not automatically result in a loss of the I-140.

 

[Jackolantern]

Has that ever been done successfully? An I-485 denied on actual eligibility grounds (i.e. not for something procedural like missing a fingerprint appointment), which was also ineligible for appeal or MTR, but got approved after reapplying with the same old I-140?

 

[sunnyz54321]

Dear guys,

I am just checking an hypothetical scenario and for knowledge purpose, but I am sure we all may be interested in knowing the facts. I was never expecting my 140 to get denied, but it was and I was able to get it reinstated using an MTR. So I felt its good to be well-informed well in advance, just in case.
I dont anticipate any reason for getting my 485 to get denied. Studying the worst case scenario.
So its not clear yet if the 140 and labor can be used for a new 485(We may MTR or appeal, but I am checking a scenario even after they fail, if the fail).

I am not clear if EAD is fully tied to pending 485, or if I can use EAD to file a new 485 or go to a new company using this EAD (and ofcors with similar job desc) and then apply for a new 485, when current, but till then keep EAD renewing.
Does EAD need a 485 pending status, can be a question too,.
BTW, I have no plans to leave my current company, this is purely for knowledge purpose..
Also I understand that 485s are usually not denied, please correct me if I am wrong here.

Trust me, I am not a pessimist, but this information helps us to not panic in case someone runs into, and hence have an action plan well in advance.

Thanks,
Sunny.

 

[TheRealCanadian]

Has that ever been done successfully? An I-485 denied on actual eligibility grounds (i.e. not for something procedural like missing a fingerprint appointment), which was also ineligible for appeal or MTR, but got approved after reapplying with the same old I-140?

Generally speaking, people who are ineligible to adjust status cannot easily leave the US and re-enter to file a new I-485, or the grounds for inadmissibility do not go away that quickly. The point, however, is that ineligibility for the I-485 does not automatically invalidate the immigrant visa petition, unless that inadmissibility has to do with fraud in the LC or I-140.

 

[TheRealCanadian]

So its not clear yet if the 140 and labor can be used for a new 485(We may MTR or appeal, but I am checking a scenario even after they fail, if the fail).

It really depends on the reason for the denial, and whether the I-140 petitioner still has the job available. But as I pointed out, there's nothing that automatically invalidates the I-140 if the adjustment is denied. In another example, an I-485 could be denied due to being out of status, yet the alien could do CP.

I am not clear if EAD is fully tied to pending 485, or if I can use EAD to file a new 485 or go to a new company using this EAD (and ofcors with similar job desc) and then apply for a new 485, when current, but till then keep EAD renewing.

The EAD is tied to the I-485, and would be revoked along with the I-485. You cannot use an EAD to file an I-485.

Does EAD need a 485 pending status, can be a question too,.

Of course, or some other underlying eligibility like L-2, E-2 or J-2 status.

Also I understand that 485s are usually not denied, please correct me if I am wrong here.

Most non-frivolous petitions are not denied. The vast majority of I-485 denials you see are concurrent filers who have the I-140 rejected for whatever reason. If you are filing an I-485 based on an approved I-140 it is exceptionally unlikely to be denied, unless you were out of status when filing the I-485, or statutorily inadmissible on health or criminal history grounds.

 

[sunnyz54321]

Dear All,

THANKS a LOT for all the information. It is very useful.
This makes me feel more confident of getting my GC without issue. I meet all the requirements and have had maintained my status in all aspects, during my stay in the US. Lets hope the numbers move a bit fast and request the department in all possible ways to hear us.

TheRealCanadian, Jacko,
Thanks for the detail and clarity, I really appreciate it.


Thanks,
Sunnyz.