Please Help - I485 denied after interview

J

jbgc

Registered Users (C)
Case transfered from Texas to Los Angeles office. Interview was on dec 03, 2004. Received letter last week I485 denied.
Reason, petition been withdrawn.

I changed employer after 1 1/2 years. At the time of interview I gave the new employment letter. Officer told me he need to review. Now it's denied.

Based on AC21, I thought shouldnt have any problems. Anyway, if anyone had any experience situation like this, pleasepost here.

I'm not sure, what's my next step...

Also, I need to find a good Attorney in Los Angeles area
 
Sorry to hear this .

When was your petition withdrawn ?
Were you using EAD ?


How can they call you for interview if the petition is withdrawn .
 
Sorry to hear that, Is your I-140 withdrawn by your prev emplyr? If you have filed I-485 and changed the emplyr after 180-days, then you should be able to change comapny, in that case your prev emplyr cannot with draw I-140. Consult a good Atterny, you should be ok. You search in this forum, there was a similar one.

GOOD LUCK.
 
my prev. employer didnt withdraw anything. I spoke to them this morning. my I140 was approved on May 2003.

I spoke to murthy attorney's today, they are going to help me file the MTR. i have to do it before end of Friday.

hope everything will be fine.
 
jbgc said:
my prev. employer didnt withdraw anything. I spoke to them this morning. my I140 was approved on May 2003.

I spoke to murthy attorney's today, they are going to help me file the MTR. i have to do it before end of Friday.

hope everything will be fine.
Click to expand...
So CIS thinks the 485 was withdrawn?
 
jbgc said:
when i spoke to the attorney, she said, they think I140 was withdrawn
Click to expand...
So the previous employer did withdraw the I140? If CIS denied the I140 after approval, it would be revoked. From talking to my lawyer this morning I was told that the CIS doesn't revoke the I140 very often.
 
No My Prev. Employer Never Withdrawn My I140. Officer Assumed I Guess.

When I Went For The Interview And Gave The New Employment Letter, He Asked Me How Come I Can Change Employment While I485 Pending. So I Think Since Change Of Employment He Must Have Thought That My Prev. Employer Withdrawn My Application
 
jbgc said:
No My Prev. Employer Never Withdrawn My I140. Officer Assumed I Guess.

When I Went For The Interview And Gave The New Employment Letter, He Asked Me How Come I Can Change Employment While I485 Pending. So I Think Since Change Of Employment He Must Have Thought That My Prev. Employer Withdrawn My Application
Click to expand...
That's pretty bad. Did you supply the officer with an AC21 letter with accompanying AC21 memo? Sounds like he's not aware of the memo or it's benefits. Did your lawyer attend the interview? If so, I would fire him/her for not speaking up for you.
 
im sorry to hear that. i think i read somewhere on bcis website something about change of employer while a petition is on file. i think they're changing something and allowing change of employer. i'm not sure but maybe it can help you.

best wishes. i hope everything will be settled soon.
 
Anytime the case is slightly different from a straight forward one, you need to hire an attorney. Did you remain with your old employer 365 days after your labor was approved? I do not think so. In that case, if the employer want they can use your labor certificate to employ and petition for another employee. A lot of corporate attornies do that to save time. It is only after 365 days that they can no longer do that and the labor becomes attached to the employee for whom it was initially filed. So the attorney that you talked to was right. Your old complany may have used your labor to apply for someone else or it is also possible the immigration officer entirely missed something and denied your case summarily. In any case, you need to a good attorney and preferably one with offices in the same city as your local office.
 
-485 Denied due to Abscence on Interview - Please Help with your Advice

--------------------------------------------------------------------------------

Hello Friend,

Please help me with your advice on I-485 as my application was denied due to absence at the interview time as USCIS office is telling they send the interview notice on october . Truth is that I have't received the interview letter and after 6 months they send a notice that my aplication was denied and when i enquire with them they are telling that they send the letter to the address and it was never returned back to them as undelivered. so they though that it was delivered to me. But i am living in the same address as before. Same case for my ead when there notice was returned to them but got back the card after calling the helpdesk. same thing for I-485.
Please help me with ur advice what to do in that situation. In the denial letter they told that my EAD will expire due to denial of I-485 within 15 days even though it is valid till November 2007. Please help me what to do to solve this.

I have contacted an attorney and is doing motion to reopen by paying $385.
Please advice me if motion to reopen is a good thing to do in this situation and do i need to refile I-765 again to get work authorization.
Please help me, my email id is epurappad06@yahoo.com

Your's Faithfully
Abraham
 
epurappad said:
-485 Denied due to Abscence on Interview - Please Help with your Advice

--------------------------------------------------------------------------------

Hello Friend,

Please help me with your advice on I-485 as my application was denied due to absence at the interview time as USCIS office is telling they send the interview notice on october . Truth is that I have't received the interview letter and after 6 months they send a notice that my aplication was denied and when i enquire with them they are telling that they send the letter to the address and it was never returned back to them as undelivered. so they though that it was delivered to me. But i am living in the same address as before. Same case for my ead when there notice was returned to them but got back the card after calling the helpdesk. same thing for I-485.
Please help me with ur advice what to do in that situation. In the denial letter they told that my EAD will expire due to denial of I-485 within 15 days even though it is valid till November 2007. Please help me what to do to solve this.

I have contacted an attorney and is doing motion to reopen by paying $385.
Please advice me if motion to reopen is a good thing to do in this situation and do i need to refile I-765 again to get work authorization.
Please help me, my email id is epurappad06@yahoo.com

Your's Faithfully
Abraham
Click to expand...

IMO, MTR is the right thing to do. Do not refile EAD, it will also get denied. Once your 485 is reopened, the existing EAD will work as good. So the key is reopening of 485 and not a new EAD.
 
Adjudicator is not aware of AC21:
My case details:
Joined Company A on 10/2003 on non immigrant visa - H1B Approved
Company A filed Employment based Green Card using Pre Approved Labor with PD 11/07/2000. I:140 Filed on 12/19/2003 using substitute labour with PD 11/07/2000 -- I-140 Approved on July 20, 2004.
I-485 Filed on Feb 26, 2004. AP/EAD approved. While I was with Company A, my I-140 got approved and my I-485 was pending more than 181 days.

Spoke with HR of company B and they told me that I can work on EAD (AC21). On 10/2004 left Company A and joined Company B using EAD with I-485 Pending (lost non-immigrant status).
Travelled to India and returned to USA using AP (US Departure Date:02/18/2005-Arrival Date:03/14/2005) while I was with company B.
As of date my I-485 is pending (3 EAD cards and AP got approved). Lost non-immigrant status on 10/2004 when I joined company B, but after my I-485 was filed on Feb 26, 2004 with a valid EAD.

Recently had interview with USCIS Charleston office. Adjudicator is telling me that I have lost my non immigrant status since I changed employers using EAD.
Have been continuosly employed (similar job as mentioed in I140). Have all the paystubs, all W2's, all tax filing etc.
I am sure that there are so many persons like me who have used EAD to work and have lost non-immigrant status. How cases like this will be adjudicated. What is basis for cases like this to get adjudicated. Per adjudicator any person who used EAD lossed his non-immigrant status (either with same employer or new employer). What is the purpose of giving a EAD?..
 
You must log in or register to reply here.
Top