Please help!!! Received 485 reject notice

M

mar485

Registered Users (C)
Hi All,

Recently I received a notice from INS saying that my 485 has been rejected because company A has withdrawn my case.

What makes it frustating is initially I applied for my GC through company A and my 140 has been approved. Then I changed my job and joined company B and started GC process fresh. My 140 was approved through company B so I applied for 485.

Two months back I received this letter from INS which says because company A has withdrawn my case my 485 has been rejected. My lawyer is trying to contact INS but he was not able to go beyond the service rep. Service rep took all the information and said somebody from INS will call us back. But I don't know how long that is going to take. What should be my next step?

Any help on this will be greatly appreciated. Thanks in advance.
 
mar485 - It seems like the I-140 from company A was revoked and INS did not link the I-140 from company B to the I-485 and revoked your application by mistake. I think there is another case that is similar to yours. try to PM Anamica or Alien00.

Don't worry - it will take a little time but this can be sorted out.
 
Did your attorney attach a copy of Co B's 140 when they filed your 485? Unless you had also filed 485 based on Co A's 140, I don't know how your current 485 can be linked to Co A's 140.
 
Best and quick way to resolve your case is take attorney with you and go to local bcis office. Explain the intensity of the situation. He will do it for you.
 
contact your local congressmen or senator and explain the whole issue, looks like this is another nasty error on their side
 
manumahi,

I will request my lawyer to come with me to local bcis office. But do you know if I need to take an appointment before I go to local bcis office with my lawyer? If yes how do I take an appointment?

thanks
 
RD2426,

I am not sure whether my attorney attached a copy of company B's 140 when he applied for 485. But I am sure he didn't filed my 485 based on company A's 140 because he has no clue about company A before applying for 485(he is comapny B's lawyer).

thanks
 
Could let us know your RD/ND

All the best Mar485. I think, this confusion would be a temporary hardship. Wishes for the confusion to resolve soon.

Can you let us know your RD/ND ?
 
You don't have to take any appointment. Walk in and take a token, will be called. I live in CT. Our local office less crowded in Thursday after noon and Wednes days.

You go to local office today ask them what is the best time to come. When it is not crowded they will spent lot of time with you to resolve your case.

Do it as a high priority. Take all supported documents with you. They will have direct number to vermont service center. If they want they can straight out this issue easily.

Best of luck
 
Hi mar485,

Talk to your lawyer and apply for Motion To Reopen/Reconsider. You have 30 days to apply. I have gone through the same process. 485 was deined due to old I-140 revocation due to company merger, where as the new I-140 was already approved. Filed MTR and it took 3 months for the case to track.

Joyin
 
Originally posted by manumahi
Best and quick way to resolve your case is take attorney with you and go to local bcis office. Explain the intensity of the situation. He will do it for you.
Click to expand...

manumahi,
I know you always advise anyone to approach local office first. Even I prefer that route.
 
The new memo on AC21 says that even if an I-140 is withdrawn afer 180 days, the I-485 cannot be withdrawn, just because the I-140 was withdrawn.

Discuss this with your lawyer.

Was the I-140 withdrawn after more than 180 days of filing the I-485?
 
Edison,
BCIS shutdown all the routes to reach and get meaningful information. Local Hartford BCIS guys really helped me. It is far better and useful than talking to NCSC.
 
Hi manumahi,

I spoke to my lawyer and he is of the opinion that it is not going to do any good because they don't have any authority. He says they might tell us what they see in the computer. I may not be able to persuade him to come along with me to INS office becuase we might have to wait several hours before our number is called(I expect NJ local INS office to be busy all days).

Do you think I should try without my lawyer? Will that be helpful?

thanks
 
Go alone. Don't waste time. They will consider your request. Believe me. Take your 485 Reciept and Reject notice along with you explain them your situation.

I resolved my problem by going to local bcis office with out attorney presence. If this is not resolved let me know I will give you another suggestion. After case has been denied, will give you only 30 days to reopen it or else your case will be closed forever.
 
Mar485

This is serious enough that you should act firmly and decisively.
Attack on all fronts, concurrently
a) get your lawyer to file MTR - motion to reconsider. If your lawyer is dilly dallying (and they do because maybe they have some other priorities), get another one - murthy or khanna.
b) go in person to local BCIS office with all supporting docs to explain
c) get in touch with AILA
d) get in touch with congressperson/senator.

It looks like you have to move mountains for somebody else's mistake but only you can/will do it, right?
 
You must log in or register to reply here.
Top