Re-file 485 due to RFE not met.

Moona

Registered Users (C)
Hi everyone,

I am an RN and filed 485 in October 2004. I work on EAD currently and I am struggling on TSE test to get VisaScreen cert. My first FP was scheduled in May 2005 and I rescheduled it. Now I hven't got any updates of my 485 case online. I am waiting for the FP notice for the second time and assume no RFE for VisaScreen arriving before the FP is done.

I am not sure I can pass TSE test within 2005 so have to prepare to re-file 485 again in case the VS RFE is due and I cannot provide VS. I believe it's not just me wondering in this case. So I want to raise this issue and hope everyone pour your ideas in.

(1) Does CIS accept the re-filing of 485 as a new application when the previous 485 filing is denied?
(2) When to re-file 485 if possible, exactly on the due date of RFE or before/after that date?
(3) Can I work on the previous EAD until getting the new EAD with 485 re-filing?
(4) Can VS RFE be extended by CIS upon the request of applicant?
(5) Any other ideas?

Moona
 
Before thinking about Re-filing, consider this..

STOP TSE right there !

You may feel that if you do that all your efforts for completing TOEFL may go wasted. Though that may be true, you can clear IELTS much easier than TSE. Main reason is, on the speaking part you are talking to a live person sitting in front of you looking at your face! This makes lot of difference than shouting to a crap recording machine. Also, a direct listner can understand lot more than a tape record listner.

Since you r in US, you may be able to find IELTS centers somewhere near by.

Hope this helps.


Moona said:
Hi everyone,

I am an RN and filed 485 in October 2004. I work on EAD currently and I am struggling on TSE test to get VisaScreen cert. My first FP was scheduled in May 2005 and I rescheduled it. Now I hven't got any updates of my 485 case online. I am waiting for the FP notice for the second time and assume no RFE for VisaScreen arriving before the FP is done.

I am not sure I can pass TSE test within 2005 so have to prepare to re-file 485 again in case the VS RFE is due and I cannot provide VS. I believe it's not just me wondering in this case. So I want to raise this issue and hope everyone pour your ideas in.

(1) Does CIS accept the re-filing of 485 as a new application when the previous 485 filing is denied?
(2) When to re-file 485 if possible, exactly on the due date of RFE or before/after that date?
(3) Can I work on the previous EAD until getting the new EAD with 485 re-filing?
(4) Can VS RFE be extended by CIS upon the request of applicant?
(5) Any other ideas?

Moona
 
Hi Letsee,
Can you please let me know from which service center your case has been processed.
My PD is july 2004 (Vermont Service Center) and I am still waiting for my 485 approval.
 
letsee said:
Before thinking about Re-filing, consider this..

STOP TSE right there !

You may feel that if you do that all your efforts for completing TOEFL may go wasted. Though that may be true, you can clear IELTS much easier than TSE. Main reason is, on the speaking part you are talking to a live person sitting in front of you looking at your face! This makes lot of difference than shouting to a crap recording machine. Also, a direct listner can understand lot more than a tape record listner.

Since you r in US, you may be able to find IELTS centers somewhere near by.

Hope this helps.
Exactly right!!!!
LET TSE BURN IN HELL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
TOEFL/TWE passed in June 2004.

Thanks letsee for the input of IELTS. I passed TOEFL/TWE in June 2004 and got 45 three times on TSE. If I prepare IELTS, I have to prepare the full set test. I will take IELTS if I cannot pass TSE til June 2006. I hate TSE but heard the reading part of IELTS is not easy too. The current urgent issue is to buy more time for TSE or IELTS test. Can I re-file 485 with the same sponsor and same initial documents (no visascreen) to the same USCIS service center (VSC) after my first 485 is denied due to visascreen not submitted? Or I have change sponsor to file new 140/485 apps? I just need more time for the test. Thanks.
 
to moona

Moona :

I met you at wenxuecity but you email did not work.If you still want to contact me please give me your contact information.

nursetoo
 
wang2005 said:
Moona :

I met you at wenxuecity but you email did not work.If you still want to contact me please give me your contact information.

nursetoo

Hi nursetoo,

My email is MOONA_LI@yahoo.com. I make my yahoo email user name all capital to avoid confusing. Thanks.
 
I have been in H4 status for more than 5 years and my husband is trying to get his H-1B and my H4 status extended for the 7th year.

For 485 re-filing, I consulted three lawyers. Two of them said I would be able to re-file 485 based on the original approved I-140 if the first 485 is denied. The third lawyer, who was my lawyer to handle I-140 petition but not my 485 app, said I need a new I-140 petition approved before I file the second 485 which would be a brand new case. I doubt the motive of my then lawyer and want to find proven evidence online since many RNs are in the same situation.

I may use 245(K) if I am out of status no more than 180 days. Otherwise I have to go to Canada to seek CP. Thanks for your inputs.
 
IELTS is better

.. .This is to Moona_Li

I recently read your posting and wish to advice that you should stop wasting time on TSE but rather focus on IELTS. My wife was in the same situation early this year. She took TSE three times and got the same score .. 45. Then someone introduced IELTS to her and she passed it once. Even though IELTS reading comprehension is very hard on the surface, I do believe that those guys also understand what hapless people like us go through in trying to get VisaScreen. Anyway, the minimum passing score is all you need to clear VisaScreen, so I will recommend IELTS over TSE. TSE is only out to make money. No matther how well you speak english, they can only give you 45 which means your money is down their hell-hole.
I hope my advise is not too late for you.
 
A second I-485 filed?

Moona said:
I have been in H4 status for more than 5 years and my husband is trying to get his H-1B and my H4 status extended for the 7th year.

For 485 re-filing, I consulted three lawyers. Two of them said I would be able to re-file 485 based on the original approved I-140 if the first 485 is denied. The third lawyer, who was my lawyer to handle I-140 petition but not my 485 app, said I need a new I-140 petition approved before I file the second 485 which would be a brand new case. I doubt the motive of my then lawyer and want to find proven evidence online since many RNs are in the same situation.

I may use 245(K) if I am out of status no more than 180 days. Otherwise I have to go to Canada to seek CP. Thanks for your inputs.

Dear Moona,

How are you?

Have you filed your second I-485 based on your original approved I-140? My wife is in a similar situation. I hope that the second I-485 should be fine even though the H4 has been expried for more than 180 days if the (first) I-485-pending time was counted.

Have you tried IELTS?

Thanks.
 
wbd,

I haven't yet filed the second 485 app but I found some info at www.shusterman.com about re-filing 485. 485 can be refiled as long as the applicant keeps legal non-immigrant status or uses 245(K) within 180 days legal non-immigrant status expiration. USCIS doesn't count 485 pending as an official status. If your wife already used EAD to work then she lost her H-4 status on the first day she worked and she is in 485 pending thereafter. Therefore if her 485 is denied and her H-4 expires more than 180 days, she cannot re-file 485 because USCIS doesn't count 485 pending as a status for re-filing new 485.

I am preparing IELTS now. I tried more than 10 times on TSE and failed all.

Moona
 
thanks

Moona said:
wbd,

I haven't yet filed the second 485 app but I found some info at www.shusterman.com about re-filing 485. 485 can be refiled as long as the applicant keeps legal non-immigrant status or uses 245(K) within 180 days legal non-immigrant status expiration. USCIS doesn't count 485 pending as an official status. If your wife already used EAD to work then she lost her H-4 status on the first day she worked and she is in 485 pending thereafter. Therefore if her 485 is denied and her H-4 expires more than 180 days, she cannot re-file 485 because USCIS doesn't count 485 pending as a status for re-filing new 485.

I am preparing IELTS now. I tried more than 10 times on TSE and failed all.

Moona

Hi, Moona,

I am sorry to hear about your TSE test.

You filed your first I-485 in October of 2004 and worked almost the same time. From the time of your filing I-485 to the present time, it appeared that it was also more than 180 days. Is this right? I hope that my math is not necessary.

Very best wishes for your test on IELTS.

Thanks.
 
wbd,

Yes, I filed 485 more than 1.5 years ago but it is still pending and stuck on name checking. If my 485 is denied, I cannot re-file 485 in US. I have to get out of US and go through CP. Hopefully I can pass IELTS before my case is denied.

Moona
 
Moona said:
wbd,

Yes, I filed 485 more than 1.5 years ago but it is still pending and stuck on name checking. If my 485 is denied, I cannot re-file 485 in US. I have to get out of US and go through CP. Hopefully I can pass IELTS before my case is denied.

Moona

Hi, Moona,

I just would like to share some information with you from our family's situation.

I have talked to some lawyers. One of them strongly suggested not leaving the US since there may be a bar from re-entry into this country. Just a suggestion.

I have an approved EB2 I-140 myself. However, my wife could not even take advantage of this since she is not on nonimmigrant status by using her EAD and not renewing her H4. We talked about interfiling by transferring her pending I-485 to my I-140. However, NSC was said not to honor this kind of request.

I have learned that Scott's English for Success is helpful for the preparation of IELTS. You might want to give it a try (http://www.scottsenglish.com).


Very best wishes
 
Thanks wbd for your info. I guess you are waiting for your PD current and you cannot file 485 now. You may have your PD current within this year w/o the current immigration reform proposal which should be approved in May. You can file 485 for your wife based on your EB2 140 approval if it doesn't exceed 180 days with the denial of her first 485 at that time.

Somebody said in this Forum that it's possible to ask for RFE extension time in case the required visascreen cannot be submitted in time. This may buy your wife time for her visascreen and your PD current.

I strongly suggest RNs NOT submit 140/485 concurrently if the visascreen is not ready by that time. Submit 140 first if possible and submit 485 at least two months later. It may buy you more time for visascreen.

Moona
 
Moona said:
Thanks wbd for your info. I guess you are waiting for your PD current and you cannot file 485 now. You may have your PD current within this year w/o the current immigration reform proposal which should be approved in May. You can file 485 for your wife based on your EB2 140 approval if it doesn't exceed 180 days with the denial of her first 485 at that time.

Somebody said in this Forum that it's possible to ask for RFE extension time in case the required visascreen cannot be submitted in time. This may buy your wife time for her visascreen and your PD current.

I strongly suggest RNs NOT submit 140/485 concurrently if the visascreen is not ready by that time. Submit 140 first if possible and submit 485 at least two months later. It may buy you more time for visascreen.

Moona

Hello, Moona,

My wife did request for extension with all she could do. But her case was not extended. From reading this forum, some lucky people made it for an extension.

My PD has been current. The very very tricky thing is that my wife did not renew her H4 (regardless of the effect of using EAD on H4 even she had one). People told me that any one has to be on nonimmigrant status at the time of adjustment. Therefore, my wife is not eligible for filing a derivative I-485 with my I-140.

You made a point of filing a new I-485 for my wife within 180 days of her first I-485 denial. However, some people said that she was out of status since her H4 expired, but NOT counted from the time of the first I-485 denial. There might be an argument about when to count for the total time of being out of status.


Things are getting more and more frustrating. I hope our situation helps you in the making of your own decision.

Thanks.
 
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