my 485 has been denied

D

desiladka

Registered Users (C)
Am i the only person here? Why this happened to me? Am I a bad person and that why I am paying for it?

Besides crying inside every minute, above are the thoughts that comes in my mind.

Please people help me here.

My 485 has been denied. I got a letter from them when I checked my mailbox on Friday evening when I returned from my job. Its a 3 page letter. I will not be able to put all the details of my case here due to many reasons, I hope all you people will respect that.

Anyway mine is a very very complicated case, But in brief, I belived it has been denied due to several reasons including mininterpretation of USCIS, negligance of my attorney will als add my own fucking fate. Sorry about the language, but I am sure all you guys can understand my state of mind right now. I am also asking myself what will happen to my life now. I have worked for this only for this since 5 years. I have done things in life which I never wanted to do. I think I will not get into all that for now.

Anyway, the reason USCIS is giving me for denying my case is that I have been illegally employed for more then 180 days which is Bull Shit. Have never heard of such a CRAP before. But I do understand why they think so. What I dont understand is even if they had thought so why they didnt send another RFE , and a chance to prove it otherwise.

Why have they been approving my EAD's and AP's since last 2 years.

The concluding statements in the letter they sent me says "Your application has been denied, The regulations do not provide for an appeal of this decision"

What the fuck is that? Does that mean I am really FUCKED bad and its over?

At this point my mind is so unstable. Does that mean I really cant appeal? Waht about MTR? what is that? Please guys reply as soon as you read this message. I am turning crazy here.

I have sustained myself for more then 40 hours now. Its already Sunday evening. I got this letter Friday evening. I could not reach my attorney. Could not do nothing but suffer.

Please help me. Please pray for me.


:mad: :mad: :mad: :mad: :mad:
 
We need more info to be helpful

desiladka said:
Am i the only person here? Why this happened to me? Am I a bad person and that why I am paying for it?

Besides crying inside every minute, above are the thoughts that comes in my mind.

Please people help me here.

My 485 has been denied. I got a letter from them when I checked my mailbox on Friday evening when I returned from my job. Its a 3 page letter. I will not be able to put all the details of my case here due to many reasons, I hope all you people will respect that.

Anyway mine is a very very complicated case, But in brief, I belived it has been denied due to several reasons including mininterpretation of USCIS, negligance of my attorney will als add my own fucking fate. Sorry about the language, but I am sure all you guys can understand my state of mind right now. I am also asking myself what will happen to my life now. I have worked for this only for this since 5 years. I have done things in life which I never wanted to do. I think I will not get into all that for now.

Anyway, the reason USCIS is giving me for denying my case is that I have been illegally employed for more then 180 days which is Bull Shit. Have never heard of such a CRAP before. But I do understand why they think so. What I dont understand is even if they had thought so why they didnt send another RFE , and a chance to prove it otherwise.

Why have they been approving my EAD's and AP's since last 2 years.

The concluding statements in the letter they sent me says "Your application has been denied, The regulations do not provide for an appeal of this decision"

What the fuck is that? Does that mean I am really FUCKED bad and its over?

At this point my mind is so unstable. Does that mean I really cant appeal? Waht about MTR? what is that? Please guys reply as soon as you read this message. I am turning crazy here.

I have sustained myself for more then 40 hours now. Its already Sunday evening. I got this letter Friday evening. I could not reach my attorney. Could not do nothing but suffer.

Please help me. Please pray for me.


:mad: :mad: :mad: :mad: :mad:
Click to expand...

Desiladka:
I can understand your state of mind since my 485 was denied once erroneously. Fortunately, it was Thursday evening and I could reach my lawyer the following morning. My 140 was denied by mistake as they had overlooked a response of an RFE sent by my employer. The following day my lawyer reached out to some high-level person somewhere (never told me who) and my 140 was approved by 11 am.

To get more help from this forum, it would be helpful to focus on the facts of the case. Your post is full of what you are feeling and it is very understandable. However, as unitednations said provide more details on why VSC thinks you went out of status. In my case for example, I have a H1, which will keep me in status even if my 485 got denied or EAD time ran out.

Don't give up, I hope that things work out for you.
 
Desiladka, Very sorry to hear your case. Couldn't you apply for 245i if you had any out-of-status issues? Do you qualify for 245i?

Atleast share your basic details so folks from the forum may give their views. Good luck.

More on 245i http://www.immihelp.com/gc/life245.html
 
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..

My prayer's are with you. If the USCIS misinterpreted a law, you must challenge it. Call your lawyer. If you don't trust your lawyer, find a really good one. This will cost you but I hope you come out the winner. What happened to you could happen to anyone. Keep us posted.
 
Details:


Entered USA in May2001 on B1 visas. Company A sponsored H1 and did change of status.

Got the H1 in 2001 Sep.
Started working for company A since then.
Company B applied for labour as future employment around Aug2002. Continued to work for company A while the labour process.

Labour got approved around Feb-March 2003. When finally I saw documents of approved labour, found out that in the experience section of the papers, attorney had messed up( ofcouse even i missed it), they showed that I have been working for company B ( the green card sponsoring company) instead of company A ( Current H1 company at that time)

Brought this to my attorneys notice about this mistake immediately. He blamed it on me saying how come you signed the documents without checking this mistake ( i totally understand I should have checked the documents well before signing it, but I am sure all you guys will agree, i should not be paying such a a huge price now for such a mistake, I am sure you all will agree that we dont actually really check every minute details of the forms whhich attorney prepard. We all do trust tha attorney to some level, maybe not hence forward)

Anyway so the labour was approved and i notified the attoney that the docuuments showed that I have worked for company B ( green card company) and not company A ( H1 company)

The attoney said that the best thing to do for now is to ignore this and mostly even USCIS will ignore it. later I got my 140 approved in March 2004. Did finger printing. Got EAD, got AP.

Now finally USCIS thinks and interprets that while I did H1 with company A, I worked for company B which I was not authorised and i worked for them for more then 180 days. So I worked for more then 180 days illegally for company B and thats why they denied my case. SOB's

As i mentioned earlier, the concluding statement in the letter says, "the regulations does not allow the case to e appealed"


Please help me .

My questions:

1) When they say , this cannot be appealed, does it really means cannot be appealed?

2) what is MTR, is it like appealing or is it something different?

3) Please comment on the case? How could they misinterpret such a thing. They could have sent me a reuqest for eviedence of me working for Company A.

4) At this poin, there is a lot of anger in my mind against USCIS, is it fair? OR is it that i have really committed a big silly mistake and i should be punished by denial?


Please help. Any sepcific question. I will answer.
 
Besides advice. Plese pray for me. I believe in God and i just cant still believe this is happening to me. I need paryers. I know miracles happen with Gods wish.

Anyway do I need a miracle to happen now? OR I should be fine? To what level I am fucked right now? Please tell me.
 
Desiladka,

Sorry to hear this.

I am in same situation. Mine was denied for same reason exactly. I am victim of my attorney. USCIS was thinking that I worked illegally to company B, 8 months before applying my H1 with that company. at that time I was working to Company B and employed through Company A. So I was getting pay from Company A and got permanent offer in company B after 8 months. So my attorney showed in labour and g325A that I was with company B and she totally ignored my Company A information to mention. so USCIS was thinking that I worked illegally 8 months with Company B and then applied for H1 with Company B. She did mistake in my labour and continued the same mistake till my case was denied. she knew that it was mistake when we applied for I-485. but she was thinking USCIS employees are dumb and she thinks they are beefs without much knowledge. she had overconfidence and applied with mistake (I understood this when i met her personally after my case was denied) that USCIS will overlook it.

My attorney told me that I was issued RFE in Nov 1st week and which she responded immediately. but when i got they copy of it recently, it was NOID and not RFE. she was lying with me it was RFE. when she replied to that, she did not responded very well. she just sent approval notice for certain period (march 2000 to Oct 2000), which USCIS was asked to proove legal status. she did not asked me for any other evidence such as paystubs, w2s and employer offer letter etc. As per my attorney, proove legal status means, she was thinking that approved H1 is fine as the evidence for that period, which I had 3 valid H1s but working to one of the company. thats what she never asked me for W2, paystubs those type of things. Funny part is my H1 was tranfered to Company B based on Company A (which USCIS was thinking that I have valid H1, but never worked). I provided paystubs at the time of H1 transfer. USCIS was stating in denial letter that, I shown Company A H1 approval notice but did not provided evidence that I worked to company A. So USCIS is believing that I worked for Company B those period, since my labour and G325A shows that (which is the actual mistake done by my attorney).

I filed MTR on 15th feb and they cashed my cheque and issued new EAC numbers. Now we sent a letter that attorney did the mistake and her associate overlooked and miss understood the situation when she replied for NOID. also we sent another letter, since in my labour I signed and mentioned that because I started working with company B, but contracted through Company A for that period and paid by Company A. we mentioned that it un-intentionally overlooked.


There is another case called banama, with similar situation. they also filed MTR and waiting for reply.
 
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ISNT IT TRUE THAT THE STATUS SHOULD BE CHECKED ONLY SINCE LAST ENTRY TO US. this is what my attorney told me
 
who is your lawyer?

nov02-485 said:
Desiladka:
I can understand your state of mind since my 485 was denied once erroneously. Fortunately, it was Thursday evening and I could reach my lawyer the following morning. My 140 was denied by mistake as they had overlooked a response of an RFE sent by my employer. The following day my lawyer reached out to some high-level person somewhere (never told me who) and my 140 was approved by 11 am.

To get more help from this forum, it would be helpful to focus on the facts of the case. Your post is full of what you are feeling and it is very understandable. However, as unitednations said provide more details on why VSC thinks you went out of status. In my case for example, I have a H1, which will keep me in status even if my 485 got denied or EAD time ran out.

Don't give up, I hope that things work out for you.
Click to expand...
 
MRT = Motion to reopen

This is the message i received yeasterday from Philly BEC regarding LC"
At this time, we are unable to provide any status information on Permanent Labor Certifications. Please contact your employer or attorney.



Thank you
 
desiladka,

sorry to hear your story.

don't loose your heart, you will be there in our prayers.

God is great, he will help you to come out of this as a Winner.

keep us updated.
 
srireddy said:
Desiladka, Very sorry to hear your case. Couldn't you apply for 245i if you had any out-of-status issues? Do you qualify for 245i?

Atleast share your basic details so folks from the forum may give their views. Good luck.

More on 245i http://www.immihelp.com/gc/life245.html
Click to expand...
To qualify under 245I, applicant must be filed GC labour/I-140 (i.e. priority date) before April 30 2001. This was mentioned in my denial letter. I was not eligible for this since I applied my labour in july 2001. If the applicant PD is Before 04/30/2001, then if applicant pay $1000 per person, he is eligible to get GC with this option.
 
desiladka said:
Details:


Entered USA in May2001 on B1 visas. Company A sponsored H1 and did change of status.

Got the H1 in 2001 Sep.
Started working for company A since then.
Company B applied for labour as future employment around Aug2002. Continued to work for company A while the labour process.

Labour got approved around Feb-March 2003. When finally I saw documents of approved labour, found out that in the experience section of the papers, attorney had messed up( ofcouse even i missed it), they showed that I have been working for company B ( the green card sponsoring company) instead of company A ( Current H1 company at that time)

Brought this to my attorneys notice about this mistake immediately. He blamed it on me saying how come you signed the documents without checking this mistake ( i totally understand I should have checked the documents well before signing it, but I am sure all you guys will agree, i should not be paying such a a huge price now for such a mistake, I am sure you all will agree that we dont actually really check every minute details of the forms whhich attorney prepard. We all do trust tha attorney to some level, maybe not hence forward)

Anyway so the labour was approved and i notified the attoney that the docuuments showed that I have worked for company B ( green card company) and not company A ( H1 company)

The attoney said that the best thing to do for now is to ignore this and mostly even USCIS will ignore it. later I got my 140 approved in March 2004. Did finger printing. Got EAD, got AP.

Now finally USCIS thinks and interprets that while I did H1 with company A, I worked for company B which I was not authorised and i worked for them for more then 180 days. So I worked for more then 180 days illegally for company B and thats why they denied my case. SOB's

As i mentioned earlier, the concluding statement in the letter says, "the regulations does not allow the case to e appealed"


Please help me .

My questions:

1) When they say , this cannot be appealed, does it really means cannot be appealed?

2) what is MTR, is it like appealing or is it something different?

3) Please comment on the case? How could they misinterpret such a thing. They could have sent me a reuqest for eviedence of me working for Company A.

4) At this poin, there is a lot of anger in my mind against USCIS, is it fair? OR is it that i have really committed a big silly mistake and i should be punished by denial?


Please help. Any sepcific question. I will answer.
Click to expand...

Your attorney did same thing as my attorney did. is your attorney manhattan based lady attorney. I was wondering it might be same one. You are elgible to apply 290A. You are not appealing that the case. you are opening the existing one. apply immediately with all proofs and mentioned that it was mistake in labor filing. I did the same. In my case, I wrote a letter and notorized, attorney wrote a letter and accepted it her mistake. also send the all the paperwork as evidence. take a letter from company A and Company b, put the W2, Paystubs. Then you will be ok. hope for the best.
 
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To KAVMP

If Desiladka files MTR, Does his status still remainl AOS or does he need to get new visa status?
 
srireddy said:
If Desiladka files MTR, Does his status still remainl AOS or does he need to get new visa status?
Click to expand...
I am not sure about this. but once filed MTR, again waiting for USCIS decision. so EADs, AP are valid. I guess that once MTR is granted, then I-485 status is changed to case is re-opened. In that case status will be same AOS. If not opens and go to AAO (means INS court), not sure about the status. i will try to contact my attorney to findout. I never think of this.
 
desiladka

hi
sorry to hear the news...but don't give up ur hope.
like kamvp said u can see our details under the name
banama....our I485 was also denied and we have applied
MTR...
kamvp and myself r in the same boat now...
lets pray for good to happen.

thanx.
banama.
 
praying for you

desiladka

while i dont have any legalese for you, I sincerely hope that you will get out of this mess. At this time, its important for you to not lose heart and fight back as you have mentioned that you have made any sacrifices. Dont let them go to waste, cool down, fight back an you will get an approval.

God be with you, thru this time



desiladka said:
Besides advice. Plese pray for me. I believe in God and i just cant still believe this is happening to me. I need paryers. I know miracles happen with Gods wish.

Anyway do I need a miracle to happen now? OR I should be fine? To what level I am fucked right now? Please tell me.
Click to expand...
 
Hi nov02-485

Could you provide the contact info of your attorney. We would like to recommend this attorney to the people who need a good attorney.

Thanks


nov02-485 said:
Desiladka:
I can understand your state of mind since my 485 was denied once erroneously. Fortunately, it was Thursday evening and I could reach my lawyer the following morning. My 140 was denied by mistake as they had overlooked a response of an RFE sent by my employer. The following day my lawyer reached out to some high-level person somewhere (never told me who) and my 140 was approved by 11 am.

To get more help from this forum, it would be helpful to focus on the facts of the case. Your post is full of what you are feeling and it is very understandable. However, as unitednations said provide more details on why VSC thinks you went out of status. In my case for example, I have a H1, which will keep me in status even if my 485 got denied or EAD time ran out.

Don't give up, I hope that things work out for you.
Click to expand...
 
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Unitednations I think your information is flawed

Lawful Re-entry would forgive past vialation. Read the definition of lawful entry. All you need visa stamp and new 1-94. No one garantee that you wont be a subject to bar either at a consulate or POE, but scince you did it you all set, unless there was any froud.
 
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