PD Not Current, I-485 Denied... please help.

The illegal presence starts to accrue from the issuance of the denial notice, voiding any other related status such as parolee (but H1B/L1 would remain valid if it was still valid at the time of I-485 denial). So you should leave within 180 days to avoid the 3-year bar (but if they accept the MTR, the I-485 would be reinstated retroactively so the illegal presence would not be an issue).
 
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okay. so i just have to keep in mind that i should leave before 180 days from the date of denial, just in case my MTR is rejected or we cannot get a new H-1B.

thank you very much for all your input.
 
by the way, another plan we are looking at is they apply for H-1B for me and while on H-1B, they'll apply for a new greencard agian under EB-2 category. Do you think it is also a good option?
 
Company B will apply for EB-2. I was neither born in China nor India. How long do you think it will take to get the greencard under EB-2? I believe that visa bulletin for EB-2 for my country is current as of January.
 
EB2 is current for everybody except India and China. So would be able to file I-485 based on the new I-140 as soon as the new labor certification (PERM) is approved, assuming EB2 remains current for all except India/China.

However you still have the issue of regaining and maintaining legal status while the labor certification is pending. Because you no longer have H1B nor any other nonimmigrant status, I think you will need to leave the US, get your passport stamped at a consulate with the new H1B and reenter in order to get back into H1B status.
I have a Bachelors degree with more than 5 years of progressive experience.
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Note that for EB2 the education and experience obtained with the same employer is generally disregarded*. So you company B is filing the EB2, you should qualify based on whatever experience you had before joining B.


*I used "generally" because there are exceptions, but those involve risky ifs and buts.
 
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We they will get me an H-1B first then after I get back with H-1B, they will start the EB-2 application.

Do you think they can file for H-1B while I am still here and leave before the 180 days is passed or when H-1B petition is approved whichever comes first? So that all I have to do in my home country is get a visa stamped in my passport and come back soon?

I'm sorry that I am asking questions by installment since they only come to me based on your responses.

Thanks,
akodyanoya
 
They can file the new H1B for you while you are still here, there, or anywhere. Same thing with the EB2. Preferably they would file the H1B for while you are still here, so it can get approved before the 180 day limit, then you can just take a 1-week trip outside the US for stamping.

Bear in mind that for the EB2, it is not enough that you have the Bachelors + 5 years or Masters; the job itself must require the same.
 
Jackolantern said:
They can file the new H1B for you while you are still here, there, or anywhere. Same thing with the EB2. Preferably they would file the H1B for while you are still here, so it can get approved before the 180 day limit, then you can just take a 1-week trip outside the US for stamping.

Bear in mind that for the EB2, it is not enough that you have the Bachelors + 5 years or Masters; the job itself must require the same.
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Yes, my current employer have a job for me that requires BS + 5 years experience. Thank you very much for all your responses. I hope that you're still there should I have further questions along the way.

Thanks,
akodyanoya
 
you know what, i checked with my previous employer and they confirmed that they have not received the NOID from USCIS or my lawyer. But the lawyer did not inform me about the NOID so it appears that it is my lawyer's fault.

Do you think we have a chance to get an MTR approved though an NOID was received by my lawyer but I was not notified by the lawyer?

Thanks,
akodyanoya
 
Yes, they often accept MTRs that are filed late. They don't have to, but they still do. So hurry up and file it ASAP! Make sure a G-28 is included with the MTR.
 
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Jackolantern said:
Yes, they often accept MTRs that are filed late. They don't have to, but they still do. So hurry up and file it ASAP! Make sure a G-28 is included with the MTR.
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Thanks. We are working on the affidavits and I am still waiting for a copy of the PERM from my former employer so that we can be sure that the job description will be the same. The new lawyer said that we should send it within the next 2 days to be safe. After we send the MTR, we will then start the H-1B application.
 
Wife's I-485 Reopened and Reconsidered

Just got an update from USCIS today that my wife's I-485 (derivative) was reopened and is now pending. Please see below. However, I have not got a notice from USCIS yet about my own (pincipal) case. Maybe it's just a matter of updating the system. Is it logical to assume that my case may/can also be reopened/reconsidered since she is only a derivative to my application? If yes, then this will be the best news I got so far this year.


The last processing action taken on your case

Receipt Number: LIN**********

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

We reopened this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on January 28, 2010, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
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akodyanoya said:
Just got an update from USCIS today that my wife's I-485 (derivative) was reopened and is now pending. Please see below. However, I have not got a notice from USCIS yet about my own (pincipal) case. Maybe it's just a matter of updating the system. Is it logical to assume that my case may/can also be reopened/reconsidered
----------------------------Yes
since she is only a derivative to my application? If yes, then this will be the best news I got so far this year.
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thanks a lot for your response ginnu. that notice of denial really ruined my christmas and new year. but now... ahhh... what a relief!

i also want to thank jackolantern for all the inputs. i actually told the new lawyer about the AILA forum so the attorney said i don't have a problem working using my EAD after the denial notice.

Thanks.

akodyanoya
 
akodyanoya said:
i also want to thank jackolantern for all the inputs. i actually told the new lawyer about the AILA forum so the attorney said i don't have a problem working using my EAD after the denial notice.
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And even without that AILA information, once they accept the MTR and reopen your I-485, the EAD and AP would all be retroactively reinstated anyway, as if they were never invalidated and you were never out of status.
 
Jackolantern said:
And even without that AILA information, once they accept the MTR and reopen your I-485, the EAD and AP would all be retroactively reinstated anyway, as if they were never invalidated and you were never out of status.
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okay. i have not received a notice about my own case yet.... but i am assuming that it will be reopened as well because my wife's case, my dependent, was reopened and is now pending.
 
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