Primary I-485 reopened but not depedents...

V

venkat04

Registered Users (C)
Hello gurus,

My I-140 & 485 got denied on Jul 27th and depends as well on the same day. I sent for MTR and I-140 got approved in October 1st week and 485 reopened for me. Where as depends 485s not opened.
My attorney sent another request for reopening the 485 cases for depends.

I got a reply from USCIS by fax saying that “A review of our records indicate that your file was forwarded to an offsite storage facility. Your file has been requested and we will review the file and update our system as soon as it arrives. You will receive a notice of action shortly after the file arrives. Please allow 30-60 days for the receipt of this notice.”

By end of October -04, I called customer service and requested to record my change of address. I got notice for the same. At the same time they also sent a separate notice for my wife and son, saying that “This application has been denied and sent a notice to your attorney. If you are not received from your attorney, or you are no longer dealing with the attorney “xyz”, please let USCIS know.”

My attorney also received the same copy. Then my attorney sent another request for reopening the 485’s by sending my 140 approval notice, 485 reopened notices. I haven’t heard any thing from USCIS.

What can I do for reopening 485s’?
Any body has similar problem? If so what is the out come?
 
Our case was also approved after MTR. The 485's were reopened after filing a Motion to reopen for each of the applicant. The 140 was approved on 31Dec. 03 and the 485's were reopened in May,04.
 
venkat04 said:
Hello gurus,

My I-140 & 485 got denied on Jul 27th and depends as well on the same day. I sent for MTR and I-140 got approved in October 1st week and 485 reopened for me. Where as depends 485s not opened.
My attorney sent another request for reopening the 485 cases for depends.

I got a reply from USCIS by fax saying that “A review of our records indicate that your file was forwarded to an offsite storage facility. Your file has been requested and we will review the file and update our system as soon as it arrives. You will receive a notice of action shortly after the file arrives. Please allow 30-60 days for the receipt of this notice.”

By end of October -04, I called customer service and requested to record my change of address. I got notice for the same. At the same time they also sent a separate notice for my wife and son, saying that “This application has been denied and sent a notice to your attorney. If you are not received from your attorney, or you are no longer dealing with the attorney “xyz”, please let USCIS know.”

My attorney also received the same copy. Then my attorney sent another request for reopening the 485’s by sending my 140 approval notice, 485 reopened notices. I haven’t heard any thing from USCIS.

What can I do for reopening 485s’?
Any body has similar problem? If so what is the out come?
Click to expand...
I had faced a similar issue and I talked to the level II officer. The officer told me that I need to file MTR for each dependent with:
1. My 140 reopen notice
2. Check of $110.
3. 485 denial letter.
I went back to my attorney and she told me that we will also include my original MTR and my 485 reopen letter.
Anyway, we had started to think about filing when after 2 days my wifes 485 application was reopened by itself. So if you have spent other routes of getting it reopened, then just spend that 110 bucks for each person and get out of this stupid mess. I think that when your MTR was filed your lawyer is required to mention the A# and the EAC number for all dependents in the 140 MTR/Appeal. your lawyer must have missed that. Even my lawyer was about to miss it, but I reminded her the very last day she was filing the MTR.
 
dazzling said:
I think that when your MTR was filed your lawyer is required to mention the A# and the EAC number for all dependents in the 140 MTR/Appeal. your lawyer must have missed that. Even my lawyer was about to miss it, but I reminded her the very last day she was filing the MTR.
Click to expand...

Thanks dazzling and vcgc.

All A#s and EAD#s are included in my MTR itself and requested for reopen all 485s. But they reopened my 485 but not opened depends.

Just now I got a letter from my attorney.
For my attorney’s 2nd request to reopening 485s, a hand written fax copy received from USCIS acting director saying that "The 485s' of the dependents must be orderded. They will be reopened. If you are not received a decision within 90-120 days, please call this office."

Now I am in confusion. Do I still need to send a separate request or not?
 
Wife's EAD Denied

As dependents I-485s not yet reopened, my wife's EAD got denied. We received a notice on 12/20.

I talked to the level II officer at VSC, explained about the fax letter from Acting Director, VSC. The officer told me that if I-485 is not reopened or pending by the time of reviewing the EAD petition, that will be denied and no further reviews on that. Also suggested to wait until reopen of I-485

Any suggestions from gurus? Thanks.
 
I am on the same boat

venkat04 said:
As dependents I-485s not yet reopened, my wife's EAD got denied. We received a notice on 12/20.

I talked to the level II officer at VSC, explained about the fax letter from Acting Director, VSC. The officer told me that if I-485 is not reopened or pending by the time of reviewing the EAD petition, that will be denied and no further reviews on that. Also suggested to wait until reopen of I-485

Any suggestions from gurus? Thanks.
Click to expand...

Hi Venkat04,

I am on the same boat (VSC). I-140, my I-485 and my wife's I-485s (they didn't send any denial letter on my daughter's I-485) have been denied in Sep 20th. We filed MTR (290-B) on Sep 28th.

They reopened my I-140 on Nov 3rd (didn't approve so far) and approved my I-485 on Nov 4th. I got it stamped and even my card is also one the way. As of now, there is no update on my wife and daugher's I-485 cases.

When my wife called 1-800 number, they took the information and sent a letter exactly same as what you got (on so and so date, we sent a letter to your attorney etc)..

My attoney is totally confused and telling me that, "he don't know what to do".

Lastweek my wife applied her EAD extension. Not sure what we are going to receive.

There is no news on my daughter's case. This is totally mess. I will post, if I hear anything.

BTW, how many days they took to send the EAD denial letter after filing EAD. Just curious, I may get that also.

Thanks.
 
gnaga said:
Hi Venkat04,

I am on the same boat (VSC). I-140, my I-485 and my wife's I-485s (they didn't send any denial letter on my daughter's I-485) have been denied in Sep 20th. We filed MTR (290-B) on Sep 28th.

They reopened my I-140 on Nov 3rd (didn't approve so far) and approved my I-485 on Nov 4th. I got it stamped and even my card is also one the way. As of now, there is no update on my wife and daugher's I-485 cases.

When my wife called 1-800 number, they took the information and sent a letter exactly same as what you got (on so and so date, we sent a letter to your attorney etc)..

My attoney is totally confused and telling me that, "he don't know what to do".

Lastweek my wife applied her EAD extension. Not sure what we are going to receive.

There is no news on my daughter's case. This is totally mess. I will post, if I hear anything.

BTW, how many days they took to send the EAD denial letter after filing EAD. Just curious, I may get that also.

Thanks.
Click to expand...
Thanks for sharingthe info. We got the denial notice in about 40 days from ND.
What are all other options you are using the reopend the files?
I called my attorny and she is telling me that she will be sending another reminder fax / letter to the director at VSC.
 
My wife's I-485 denied.

Hi Venkat04,

Yesteday I received a letter from INS saying my wife's EAD denied as her I-485 has been denied.

Since (Nov 2004) my I-485 approval (my daughter's also approved), my attorney sent 3 letters and we went to local INS (Pittsburgh) office also to check my wife's I-485 case.

Not sure what to do? Do you have any good news on your side.

Should I go through any eminant attroney like Murty or Rajiv?
Some one saying that senator would help. Any suggestion on this.

Thanks in advance.


Here is my case summary.
My daughter's I-485 and mine was approved in November 2004 (we got our cards also). But, my wife's didn't approve.

Yesterday INS denied my wife's EAD application saying that her I-485 has been denied.

Here is my case details:
We applied our I-140 and I-485 in Feb 2003 (VSC)
I-140 and I-485's have been denied in Sep 2004 under ability to pay clause.

Filed MTR/Appeal (290-B) in Sep 2004 (Thanks a lot to immigration portal community, as they provided lot of support and guidance, specially to UN)

Accepted Appeal and re-opened I-140 on 3rd Nov, 2004.

On 4th Nov, 2004, they approved mine and my daughter's I-485.

There is no update-on my wife's case. She went to Fingerprints before denial only.

In Dec 2004, our attoney sent a letter to INS metioning all the facts and requested for her I-485 approval (No reply on that)

In Dec 2004, we applied her EAD extension.

In March 2005, she went to local INS office and got her temporary EAD.

In March also, our attoney sent another letter to INS requesting about her case.

Yesterday we got her EAD denial saying that her I-485 has been denied.
 
gnaga said:
Hi Venkat04,

Yesteday I received a letter from INS saying my wife's EAD denied as her I-485 has been denied.

Since (Nov 2004) my I-485 approval (my daughter's also approved), my attorney sent 3 letters and we went to local INS (Pittsburgh) office also to check my wife's I-485 case.

Not sure what to do? Do you have any good news on your side.

Should I go through any eminant attroney like Murty or Rajiv?
Some one saying that senator would help. Any suggestion on this.

Thanks in advance.


Here is my case summary.
My daughter's I-485 and mine was approved in November 2004 (we got our cards also). But, my wife's didn't approve.

Yesterday INS denied my wife's EAD application saying that her I-485 has been denied.

Here is my case details:
We applied our I-140 and I-485 in Feb 2003 (VSC)
I-140 and I-485's have been denied in Sep 2004 under ability to pay clause.

Filed MTR/Appeal (290-B) in Sep 2004 (Thanks a lot to immigration portal community, as they provided lot of support and guidance, specially to UN)

Accepted Appeal and re-opened I-140 on 3rd Nov, 2004.

On 4th Nov, 2004, they approved mine and my daughter's I-485.

There is no update-on my wife's case. She went to Fingerprints before denial only.

In Dec 2004, our attoney sent a letter to INS metioning all the facts and requested for her I-485 approval (No reply on that)

In Dec 2004, we applied her EAD extension.

In March 2005, she went to local INS office and got her temporary EAD.

In March also, our attoney sent another letter to INS requesting about her case.

Yesterday we got her EAD denial saying that her I-485 has been denied.
Click to expand...
Call USCIS. Dont sit idle. Enter your case number and after hearing the status of your case proceed furthur and use the option for cases that have been seperated during processing. Make sure your wife is with you during the call. Talk to the VSC representative and explain your situation. Similar thing happened with me. I used to call them every 2 days for 2 weeks and they finally reopened her 485.

The other option is to ask your lawyer to do a AILA inquiry.

Another option is to file a MTR for her 485.
 
And I would also approach the local congressman for help as this is really stupid to open the primary's case and not open the dependents. Good Luck buddy!
dazzling said:
Call USCIS. Dont sit idle. Enter your case number and after hearing the status of your case proceed furthur and use the option for cases that have been seperated during processing. Make sure your wife is with you during the call. Talk to the VSC representative and explain your situation. Similar thing happened with me. I used to call them every 2 days for 2 weeks and they finally reopened her 485.

The other option is to ask your lawyer to do a AILA inquiry.

Another option is to file a MTR for her 485.
Click to expand...
 
gnaga said:
Hi Venkat04,

Yesteday I received a letter from INS saying my wife's EAD denied as her I-485 has been denied.

Since (Nov 2004) my I-485 approval (my daughter's also approved), my attorney sent 3 letters and we went to local INS (Pittsburgh) office also to check my wife's I-485 case.

Not sure what to do? Do you have any good news on your side.

Should I go through any eminant attroney like Murty or Rajiv?
Some one saying that senator would help. Any suggestion on this.

Thanks in advance.


Here is my case summary.
My daughter's I-485 and mine was approved in November 2004 (we got our cards also). But, my wife's didn't approve.

Yesterday INS denied my wife's EAD application saying that her I-485 has been denied.

Here is my case details:
We applied our I-140 and I-485 in Feb 2003 (VSC)
I-140 and I-485's have been denied in Sep 2004 under ability to pay clause.

Filed MTR/Appeal (290-B) in Sep 2004 (Thanks a lot to immigration portal community, as they provided lot of support and guidance, specially to UN)

Accepted Appeal and re-opened I-140 on 3rd Nov, 2004.

On 4th Nov, 2004, they approved mine and my daughter's I-485.

There is no update-on my wife's case. She went to Fingerprints before denial only.

In Dec 2004, our attoney sent a letter to INS metioning all the facts and requested for her I-485 approval (No reply on that)

In Dec 2004, we applied her EAD extension.

In March 2005, she went to local INS office and got her temporary EAD.

In March also, our attoney sent another letter to INS requesting about her case.

Yesterday we got her EAD denial saying that her I-485 has been denied.
Click to expand...
Hi gnaga,
In February 1st week, my attorney sent liaison inquiry thru AILA’s president.
USCIS has reopened I-485 for my wife and children in 2 weeks. Also they approved EAD2 in April, the one denied in December 2004.

However, we are waiting for FP1 notice.

I suggest you to go with that. If you want I can give my attorney’s number for you to handle your wife’s case.
 
venkat04 said:
Hi gnaga,
In February 1st week, my attorney sent liaison inquiry thru AILA’s president.
USCIS has reopened I-485 for my wife and children in 2 weeks. Also they approved EAD2 in April, the one denied in December 2004.

However, we are waiting for FP1 notice.

I suggest you to go with that. If you want I can give my attorney’s number for you to handle your wife’s case.
Click to expand...

Venkat,

Thanks for your reply. Could you please provide your attorney's number and send to my email Id (gnagabandi@hotmail.com)
 
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