reasons USCIS may deny 485??

[techy2468]

I want to use EAD hence i would like to ponder over the reasons why uscis may deny a 485. from what i know, below are the obvious reasons:

1. criminal record
2. Health
3. tax issues

anything else??

 

[TheRealCanadian]

3. tax issues

That's not a ground for denial.

You msised the most common ground of denial, being out of status and therefore unable to adjust status.

 

[civ2ru]

I want to use EAD hence i would like to ponder over the reasons why uscis may deny a 485. from what i know, below are the obvious reasons:

1. criminal record
2. Health
3. tax issues

anything else??

I actually was researching the same question several months ago and got really helpful input at these forums - see links http://boards.immigrationportal.com/showthread.php?t=218007 and
http://boards.immigrationportal.com/showthread.php?t=218009. Hope this helps.

 

[ohioperm]

That's not a ground for denial.

You msised the most common ground of denial, being out of status and therefore unable to adjust status.

RealCanadian,
I have a question and I hope you can help me. I applied to H1B about ten days before my OPT expired. H1B came about three weeks after OPT expired. But this was about three years ago and I have been on H1B status since then. I recently got an RFE asking to prove my legal nonimmigrant status. I have given them copies of all I-94s, notice of actions, etc. I believe there is a 60 day grace period after OPT expiration. Do you have any info on this?
Thanks

 

[tammy2]

RealCanadian,
I have a question and I hope you can help me. I applied to H1B about ten days before my OPT expired. H1B came about three weeks after OPT expired. But this was about three years ago and I have been on H1B status since then. I recently got an RFE asking to prove my legal nonimmigrant status. I have given them copies of all I-94s, notice of actions, etc. I believe there is a 60 day grace period after OPT expiration. Do you have any info on this?
Thanks

If it is less the 180 days you are always covered by 245(K)

When you apply for COS you are in a status authorised by the attorney general. Hence you are covered by that

 

[Aakash28]

I am also concerned for I-485 denial. Here are two probable reasons which I think might cause my I-485 to be denied ---

1) I am a consultant and have to move around almost every 6 months to a new city/state. When I filed I-485 I used my MA's address (which I was still maintaining) instead of my NY's address to which I moved 2 months prioir ro filing. The paystubs reflected my NY's address. 4 months after filing I-485 and after 6 months of stay at my NY's address I submitted COA from MA's to NY's address..... Would this be a problem..as my paystubs that i submitted reflected NY's address even though I used MA's address, but I was maintaining both MA & NY address???

2) 3 months back my company A which was subsidiary of Company B now have become subsidiary of Company C. The immi. lawyer said that I do not need to file AC21 in this case... but I am still concerned and worried?? As far as my job is concerned nothing has changed and both COmpany B and C are located at the same address. It's just that Company B got divided into COmpany B and Company C... Should I be worried???

Please suggest as to what could be the implications of the above ... and should I be worried at this stage... My PD has been current for now more than 7 months and my case currently has been stuck in backgriound checks...

 

[ohioperm]

If it is less the 180 days you are always covered by 245(K)

When you apply for COS you are in a status authorised by the attorney general. Hence you are covered by that

tammy2,
Thank you very much for your response.

 

[chrisjavier]

I-485 Out of status?

My wife (co-applicant) recevied an RFE. USCIS wants to know if she entered legally to the US on 8/11/2001. This is the date thtat we put in the G-385 form as the date we entered the US. I entered the US with a F1 Visa, but my wife entered the same day with me with a B-2 (visitor) and they she got a F-2 visa. Can the USCIS say anything because she entered with a B-2 visa and not with a F-2? Please help!

 

[nj_skm]

My wife (co-applicant) recevied an RFE. USCIS wants to know if she entered legally to the US on 8/11/2001. This is the date thtat we put in the G-385 form as the date we entered the US. I entered the US with a F1 Visa, but my wife entered the same day with me with a B-2 (visitor) and they she got a F-2 visa. Can the USCIS say anything because she entered with a B-2 visa and not with a F-2? Please help!

I'm not sure about the B2/F2 stuff but as long as she had a valid visa, her entry into the US was legal.
Does a B2 visa have any restrictions/provisions that say that the visa holder cannot convert into other visas? If not, she is safe.

 

[chrisjavier]

thanks nj skm

See, the B2 visas are 10-yr tourist visas (they look like green cards) that USCIS gives to all elegible mexicans. They are valid for 6 months and you can reentry to the us as many times as you want. They give you a i-94 at the port of entry and you can come back after 6 months to get a new one.

 

[txaggie]

Advice on retention of priority date

Immigration Gurus,
I have no comment on the previous posts in this thread - just a question of my own which I would appreciate some help with.

I am the beneficiary of an approved labor certification and an approved I-140 petition under EB2 from a previous employer(PD of July,1999). My current employer filed a new EB3 labor certification that has been approved recently(PD of Dec 23, 2002).
Can I file an I-140 and an I-485 under EB3 using the
priority date of my approved EB2 I-140 petition ? Both the
applications are in the same line of work(software engineering). Can I file for a 3 year H1B on the basis of the approved I-140 from the previous employer?
I am in my 8th year of H1B. Is there any other way I can make use of the approved labor and approved I-140 from my previous employer to expedite my GC application.

Please advise. Please point me to any resources(URLs) you might know about on the subject.

Thanks a lot!
Karan

 

[ginnu]

Immigration Gurus,
I have no comment on the previous posts in this thread - just a question of my own which I would appreciate some help with.
*** you should have posted as new thread
I am the beneficiary of an approved labor certification and an approved I-140 petition under EB2 from a previous employer (PD of July, 1999).
My current employer filed a new EB3 labor certification that has been approved recently (PD of Dec 23, 2002).
Can I file an I-140 and an I-485 under EB3 using the
priority date of my approved EB2 I-140 petition?
------------------YES, ask the new lawyer to recapture early PD when filing I-140
Both the
applications are in the same line of work (software engineering). Can I file for a 3 year H1B on the basis of the approved I-140 from the previous employer?

I am in my 8th year of H1B. Is there any other way I can make use of the approved labor and approved I-140 from my previous employer to expedite my GC application.
---------------- You should have filed I-485 long back with I-140 filing receipt or I-140 approval copy and after I-485 pending more than 180 days could have used AC21




Please advise. Please point me to any resources(URLs) you might know about on the subject.

Thanks a lot!
Karan

 

[txaggie]

Thanks a lot for your advice, Ginnu. I saw from murthy.com's chat archives as well that I am eligible to use the priority date from my approved I-140.

About your comment on the I-485 filing, isn't an employment letter from the employer sponsoring the approved I-140 required to be part of the I-485 application? I didnot file because I didnot have a pending I-485 when I stopped working for that employer. is there something else the INA allows that I donot know about? Please advise - can I still benefit from this. I have the original I-140 from previous employer.

thanks again - I really hope it works out quickly now!

 

[ginnu]

Thanks a lot for your advice, Ginnu. I saw from murthy.com's chat archives as well that I am eligible to use the priority date from my approved I-140.

About your comment on the I-485 filing, isn't an employment letter from the employer sponsoring the approved I-140 required to be part of the I-485 application?
-----------many file I-485 with "missing documents" and once I-485 is pending more than 180 days and USCIS asks in the RFE for the missing document you could have provided new employer job offer letter to invoke AC21. I didnot file because I didnot have a pending I-485 when I stopped working for that employer.
-----------------GC is for future job and it is not required that you should be working with the employer at the time of I-485 filing. employer A can file LC, I-140 while you are working with B and then on the base of employer A I-140 one can file I-485
is there something else the INA allows that I donot know about?
----------------do the research or go to good lawyer
Please advise - can I still benefit from this. I have the original I-140 from previous employer.
----------1. do you know that past employer has not revoked the I-140? may have used your LC for other candidate?

2.at this time if you file I-485 based on past approved I-140 it may not work becase your PD is current and I-485 may not be pending more than 180 days becasue USCIS is approving I-485 fast and you may not be able to use AC21.



thanks again - I really hope it works out quickly now!

**** if you are ready to take the risk and know that I-140 is not revoked then file I-485, EAD AP and let the new employer file I-140 with premium processing and while the I-485 is pending you can interfile the copy of your new approved I-140 with pending I-485.

** you should have posted as NEW POST

 

[nj_skm]

See, the B2 visas are 10-yr tourist visas (they look like green cards) that USCIS gives to all elegible mexicans. They are valid for 6 months and you can reentry to the us as many times as you want. They give you a i-94 at the port of entry and you can come back after 6 months to get a new one.

In that case your wife is safe and I see no issues.
Also, she entered the US legally through a port of entry, right? She didn't come in illegally through the border, right? So everything's cool.
Also, the purpose of a visa is for ENTRY ONLY. The I-94 determines the duration of stay.
Also if there had been something wrong with her B2 she wouldn't have been allowed to enter, so that's cool

 

[nj_skm]

Immigration Gurus,
I have no comment on the previous posts in this thread - just a question of my own which I would appreciate some help with

So why did you post in this thread? Please start a new thread or post in a more appropriate thread.
Doesn't that make sense?
Please be a little more careful so that a thread can discuss a particular topic. This will keep the thread consistent and will be clear to the people who follow that thread.