reasons USCIS may deny 485??

T

techy2468

Registered Users (C)
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. Out of status at any point while in usa

anything else??
 
What if one use AC21 for the same employer after 140 approved and after 485 is pending more than 6 months.
 
I believe as long as you notify CIS of the change in employment and your old employer doesn't revoke the I-140, you should be fine.
 
maheshcr said:
I believe as long as you notify CIS of the change in employment and your old employer doesn't revoke the I-140, you should be fine.
Click to expand...

I am still with the same employer.
 
If you have already used AC21 and 180 days have passed to 485 application, previous employer cant revoke 140. this is what my lawyer told me.
Another thing, there is no harm in working on EAD. If you have already finished 6 years of H1B and are renewing H1B every year, your H1B also becomes invalid if 485 denied. So H1B and EAD are really same after 6 years.

UN/Saras any comments?
 
i still have 2-3 years on H1 left.....but EAD is 10 times better than H1 when it comes to getting work....
 
mydearcard said:
If you have already used AC21 and 180 days have passed to 485 application, previous employer cant revoke 140. this is what my lawyer told me.
Another thing, there is no harm in working on EAD. If you have already finished 6 years of H1B and are renewing H1B every year, your H1B also becomes invalid if 485 denied. So H1B and EAD are really same after 6 years.

UN/Saras any comments?
Click to expand...

As far as my knowledge, previous/present employer has right to revoke 140. But if he does after 180 days pending of 485 and 140 is approved, then it should not affect to your 485.

My question is:
If I use AC21 for the same employer, is there any possiblity that my 485 can be denied??
 
baby_mde.....i used to think that AC21 180 days after 485 is used to change employers.........am i wrong??
 
techy2468,

Do you think that the AC21 is only for changing employers and can not be used for the same employer???
 
baby_mde

Explain what do you mean by you want to use AC21 for same employer.
AC21 is a rule for changing employer. I used that to change employer.
 
mydearcard,

When I was at Location - L1 of company A, my company applied LC for GC. After LC approved company applied 140 and 485 in Nov 2004. After 140 approved and 485 is pending over 180 days, then I have moved to another location - L2 of same company (i.e. company A) by using AC21.

This what I mean - using AC21 for the same employer.

Is this become problem for approving 485???
 
baby_mde

Did you mean physical location or different work group or functional area in same company? If it is different physical location then all you need is AR-11 for change of Address.
Look for AC-21 forum on this web site. you will find all information that you need.
 
baby_mde said:
mydearcard,

When I was at Location - L1 of company A, my company applied LC for GC. After LC approved company applied 140 and 485 in Nov 2004. After 140 approved and 485 is pending over 180 days, then I have moved to another location - L2 of same company (i.e. company A) by using AC21.

This what I mean - using AC21 for the same employer.

Is this become problem for approving 485???
Click to expand...
No, this will not cause any problems for 485 approval.
However, I'm confused. Why did you have to use AC-21 if it's the same employer? Did you company's lawyer say that you needed to?
For example if you were working for Motorola in Chicago and moved to Motorola in Florida I don't think you would need AC-21 as long as the entity is the same, in this case Motorola.
 
nj_skm,

my LC of GC say - for S/W Engineer in Motorola, Chicago (for example). LC does not say that this S/W Engineer position for any Motorola in USA like consultant. Consultant usually move when his client change.


My company has its own attorney and he filed AC21 when I moved to location L2.

Because LC does not say that this S/W position any location of Company A, I am worried.

What do you think???
 
Last edited by a moderator:
mydearcard said:
If you have already used AC21 and 180 days have passed to 485 application, previous employer cant revoke 140. this is what my lawyer told me.

There have been cases where I-140 was revoked even after 180 days. I-140 belongs to employer. Probably I-485 applicant is safe if he/she has notified BCIS when changing jobs under AC21.

Another thing, there is no harm in working on EAD. If you have already finished 6 years of H1B and are renewing H1B every year, your H1B also becomes invalid if 485 denied. So H1B and EAD are really same after 6 years.

Correct, unless there is another basis for H1 extension (like another LC pending with different emploter)

UN/Saras any comments?
Click to expand...

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
-------------------------------------------------------------------------
PD: Jan 2000
LC: Mar 2000
I-140 EB3: Jun 2000
I-140 EB2: Oct 2000
I-485: Jul 2000
I-485 AD: May 2002
 
I-485 can be denied if there is no bonafide job

There must be a bonafide job offer. For many consulting companies, employee is performing work on a client site. There may not a real permanent job with the GC employer for the employee. In fact in many cases, employee is waiting to get GC aopproved (or AC-21) to join the client directly.

The bottom line is, in many such cases, there is no real permamnent job offer. If BCIS find out this, they can deny I-485 application.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
------------------------------------------------------------------------
 
nj_skm said:
No, this will not cause any problems for 485 approval.
However, I'm confused. Why did you have to use AC-21 if it's the same employer? Did you company's lawyer say that you needed to?
For example if you were working for Motorola in Chicago and moved to Motorola in Florida I don't think you would need AC-21 as long as the entity is the same, in this case Motorola.
Click to expand...
nj_skm/mydearcard,

my LC of GC say - for S/W Engineer in Motorola, Chicago (for example). LC does not say that this S/W Engineer position for any Motorola in USA like consultant. Consultant usually move when his client change.


My company has its own attorney and he filed AC21 when I moved to location L2.

Because LC does not say that this S/W position any location of Company A, I am worried.

What do you think???
 
If 140 got revoked

What happens after 140 is revoked by the employer after invoking AC21? Do we have to apply labour and 140 again under new employer with old PD?

Thanks in Advance,
 
Hi UN/Ginnu,

my LC of GC say - for S/W Engineer in Motorola, Chicago (for example). LC does not say that this S/W Engineer position for any Motorola in USA like consultant. Consultant usually move when his client change.


My company has its own attorney and he filed AC21 when I moved to location L2.

Because LC does not say that this S/W position any location of Company A, I am worried.

What do you think???
 
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