My I-485 is denied

U

UnluckyGuy001

Registered Users (C)
Hello Every one,

My I-485 is denied and any help in this regard is greatly appreciated.

I-140/485 – ND July 07, 2004; RD July 20, 2004
I-140 AD – Oct 2004
I-485 Denied July 2005

Received the below letter

--=======================================================
Dear Sir/Madam:
You filed Application to Register Residence or Adjust Status (Form i-485) under section of the Immigration and Nationality Act. Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:

Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If immediate elative petition filed for classification under section 201(b)(2)(A)(i) of the Act or a preference petition filed for classification under section 203(a0 of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which teh accompanying petition was filed.

The immigrant visa petition filed in your behalf by XXX Corporation was revoked.

Absent evidence that you are entitled to any other immigrant classification, your app. must be, and hereby is denied.

The regulations do not provide for an appeal from this decision."
--=======================================================

What do you guys think about my denial, for me it looks like my I-140 is revoked,
is it possible to revoke I-140 after the approval.
How can I get my denial reason and any help in this regard is greatly appreciated. Thank you.
 
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what the hell....


Can you please tell us what is you history?
like Your category eb1,eb2 or eb3 ?

the Schedule of processing & all your applied history?

Rgrds
john
 
UnluckyGuy001 said:
Hello Every one,

My I-485 is denied and any help in this regard is greatly appreciated.

I-140/485 – ND July 07, 2004; RD July 20, 2004
I-140 AD – Dec 2004
I-485 Denied July 2005

Received the below letter

--=======================================================
Dear Sir/Madam:
You filed Application to Register Residence or Adjust Status (Form i-485) under section of the Immigration and Nationality Act. Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:

Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved. If immediate elative petition filed for classification under section 201(b)(2)(A)(i) of the Act or a preference petition filed for classification under section 203(a0 of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which teh accompanying petition was filed.

The immigrant visa petition filed in your behalf by XXX Corporation was denied.

Absent evidence that you are entitled to any other immigrant classification, youe app. must be, and hereby is denied.

The regulations do not provide for an appeal from this decision."
--=======================================================

What do you guys think about my denial, for me it looks like my I-140 is denied,
is it possible to deny I-140 after the approval.

How can I get my denial reason and any help in this regard is greatly appreciated. Thank you.
Click to expand...
It sounds like your I-140 was denied, and that's why they denied your I-485.
But if I-140 was approved, then it must be a mistake, and it can be fixed.
what category are you, EB 1, 2, or 3?
Have you changed jobs since your adjustment application?
 
please tell your history of filling in accordance & let us know if you receievd any RFE regarding i-485
 
I-140 may be revoked

Look like your employer withdrawn/revoked your I-140 with out ur knowledge.
check with ucsic customer service
 
EB3, haven’t received FP, No RFE, 140 & 485 filed concurrently.

I am in the sixth year of H1

What benefit my employer going to get by revoking my I-140?
If my company revoked my 140, can I do anything to my company?

Can I get the reason for my denial from UCSIC?

Thanks and please let me know if you guys any other information.
 
UnluckyGuy001 said:
EB3, haven’t received FP, No RFE, 140 & 485 filed concurrently.

I am in the sixth year of H1

What benefit my employer going to get by revoking my I-140?
If my company revoked my 140, can I do anything to my company?

Can I get the reason for my denial from UCSIC?

Thanks and please let me know if you guys any other information.
Click to expand...

Do you work for the same employer who filed you I-140/485?

If you left the employer, did you file AC21?0

If you left, did you wait after 180 days of filing your I485 and I140 approved?

There are 101 reasons why an employer would revoke a I-140. The 1st one that I have seen is desi companies crooked way of operating.

anyways, good luck. Talk to Murthy or Khanna immediately and find a way out of this mess.
 
Yes, I work for the same employer and I didn't use AC21.

I don't know whether I can AC21 now (after the denial).

Please help me with your suggestions/ideas. Thank you
 
unitednations said:
However, the process is supposed to be that they send a notice of intent to revoke and then company is given 30 days to respond. If they don't like the response then they will revoke.
Click to expand...
NOID is sent beneficiary For I-485 not for the company (I-140). So they did not issue NOID? He needs to check with the attorney knows any thing about NOID.
Appeal should clear the things
 
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tammy2 said:
NOID is sent beneficiary For I-485 not for the company (I-140). So they did not issue NOID? He needs to check with the attorney knows any thing about NOID.
Appeal should clear the things
Click to expand...

Issue is not I-485, but I-140. At some point in past probably company received NOID for I-140. But company did not inform the beneficiary.
 
pralay said:
Issue is not I-485, but I-140. At some point in past probably company received NOID for I-140. But company did not inform the beneficiary.
Click to expand...

It was an approved I-140. Either Employer has revoked or USCIS is revoked it. Ultimately they are denying I-485. NOID is never generated for I-140.

It might be an error from USCIS. They are famous to do such naughty things.

Talk to attorney. He may have an explaination.
 
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Eb3

visa is not available....so instead of holding to the application they are denying it....????
 
unitednations said:
Maybe, we are playing on words but a "notice of intent to deny" is when an application hasn't been approved yet. "notice of intent to revoke" is when an application has been approved but uscis wants to revoke it.

USCIS can and does issue "noid" on 140's. They also issue notice of intent to revoke" on 140's.

I have seen both types on140's.
Click to expand...

All I was saying was Since he do not know status of I-140 It is I-485 he has to follow. He has to send fresh employment letter and File an MTR. Definetly we cannot suspect all employers. There might be some thing else also.
 
tammy2 said:
All I was saying was Since he do not know status of I-140 It is I-485 he has to follow. He has to send fresh employment letter and File an MTR. Definetly we cannot suspect all employers. There might be some thing else also.
Click to expand...

But from the notice it's clear that a valid I-140 does not exist anymore (unless it's a mistake). And, it's not a AC-21 case. Not sure how EVL would help here. Normally one can appeal for MTR only when he/she has new evidence/document(s) which was/were absent previously. In this case, only hopeful option for MTR is finding the correct status of I-140.
 
If compnay revokes the i-140

If company revokes the i.140 after approval, then is there any possible to take any action on the company?

If I am not getting proper answer (i.140 revoke,i-485 denial) from uscis, how can I get the correct reason?

Please help me in this issue.

Thanks in advance.
 
UnluckyGuy001 said:
If company revokes the i.140 after approval, then is there any possible to take any action on the company?
Click to expand...
I don't think so.

UnluckyGuy001 said:
If I am not getting proper answer (i.140 revoke,i-485 denial) from uscis, how can I get the correct reason?
Click to expand...
From your previous posting I presume that you are using company's lawyer. Can you talk to him/her? That would be the quickest way to find out the details of your case. Since you don't know why your I-140 was revoked, you even can't file MTR at this point (and you have only 30 days to provide USCIS with additional information if there was a mistake).
 
UnluckyGuy001 said:
If company revokes the i.140 after approval, then is there any possible to take any action on the company?

If I am not getting proper answer (i.140 revoke,i-485 denial) from uscis, how can I get the correct reason?

Please help me in this issue.

Thanks in advance.
Click to expand...

Instead of talking to company talk to the attorney and ask him what happened.
It is very difficult to get the answer the USCIS. You need to involve your attorney and he should go through the AILA liaison. If you do not have one talk to some good attorney who is member of AILA. Also you can involve your senator/ Congressman.

If company has revoked your I-140 simply giving the new employment letter with statement that earlier letter was an error may resolve the problem. Try gets date they sent revocation letter.
 
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