Reasons for I485 Denials!!

Tammy2,
What Do You Mean By Foia?
Thanks For Helping
Rbv
 
Last edited by a moderator:
I-485 denial

Hi
Our L-1 is denied on the ground of person is not fullfill conditions for L-1 managerial or Executive post for that they had given letter with details.
But our L-1 change of status approved on that basis only.
Now our L-1 ext. case is pending with MTR 290b.
We are in confusion that if person's I-485 denied then he is out of status from the day of I-94 expires? Than if he file MTR then person is on Unlawfull status?
Exectly this is happen in our case.
Friends pls try to get excatly what is possible for my case.
Thanks.
 
Would a I-485 be denied if the person enters the US without using an Advance Parole in a non-immigrant status like B1/B2, TN, F1?

Would the I-485 be denied at the time of entry, or would it be denied when the service center gets around to adjudicating it?
 
curiousGeorge said:
Would a I-485 be denied if the person enters the US without using an Advance Parole in a non-immigrant status like B1/B2, TN, F1?
Click to expand...

I think so. Because the original intent of the law is that in AOS period person cannot have pure non-immigrant status - therefore inadmissible under those non-immigrant status. So any non-immigrant visa (except H1/L1/H4/L2) should not be used for re-entry. That's why he/she must use Advance Parole. In my opinion, not using AP equivalent to not having one. And not having AP means I-485 abandoned.

curiousGeorge said:
Would the I-485 be denied at the time of entry, or would it be denied when the service center gets around to adjudicating it?
Click to expand...

In my opinion, abandonment is "automatic". But I am not sure how good BCP and USCIS are to track this kind of scenario.
 
Out of Status

Hello Guys
I posted my problem once here. Here is it again.
When I exited US last time ( on March 2004) I had a H1B set
to expire on Jul 15 2004 and an extension Jul 16 2004 Oct 2005.

I exited on March and came back on April. I got I-94 upto
July 15,2004 . My idea was that since I've extension I'm okay.
On Jul 29 , 2004 I received my labor and attorney reviewed everything
and said am out of status according to I-94. She said the extension's I-94
is not valid since I got a new I-94 from port of entry. The most recent one
is the valid one. Atty Murthys office handle my case.

She gave me 3 options.
1. Go to port of entry/deffered officer and correct I-94
2. Get out of the country and stamp VISA asap and come back.
3. Do an H1B amendement.

I was going thru the worst time of my life I guess. My passport and
visa documents were submitted to St Louis to revalidate VISA. They lost
everything. I couldn't take opt 1 or opt2.

I did an H1B amendment. and then applied in concurrent. I got upto
140. I'm a lil concerned whats going to happen to my 485.

Realcanadian and couple others responded to me.

Anybody see any problems ? Murthys office says am allright.

thanks for reading guys.
babu.
 
You must log in or register to reply here.
Top