regarding 485 denial

H

heart broken

New Member
I need some advice, I had been a silent visitor to this site for long . I need advise as I got 485 denial last week

Here is brief detail abot my case

I did residency on j1 ,finishe in97 went out of US but not to home country.
came back to US in 2001 had job offer , Talked with my lawyer regarding HRR, he said since I left us I shouldnt have problem, I had doubts about him, but gave it a shot , and in 2 wks my h 1 was approved, now I am citize ofthe other country

filed I 140 485 in 08/03

I was so relieved that the J 1 issues is over till I get RFE in 03/05 regarding J 1

lawyer said no problem, sent the rfe presenting that I was in my country of current citizenship, got denial last week based on HRR, lawyer planning to do MTR based on the matter when they approved h 1 first place J1 was not a problem why now.
I have really given hope my questions are
can I still continue to woork , only ead no h1 any more till the decision of MTR

how long it take and I need all any any feed back

thank you

Heart broken
 
Your two year has to be in the country which is listed on the IAP. You may have acquired citizenship of other country in the meantime but that is irrelevant here. There are instructions on some website what ot do in a situation like yours. Your tow options were the country which is listed on IAP or the country where you have acquired new/ recent citizenship. Other places do not count. You can try for waiver based on no objection certificate and once that is approved get your green card. As to whether your EAD is valid during appeal I do not know, I am still trying to figure it out.
 
2Y HRR and I-485 denial

Sad story … It was made 3 mistakes in your case: (i) your H1-B visa was issued by error in US Consulate. You are still a subject to INA 212(e) 2Y HRR and you cannot to enter USA at H-1B visa; (ii) you found a wrong lawyer. Presumably he or she is not a smart person and gave you a wrong advice regarding to 2Y HRR; (iii) to be on the safe side, you should stay on your H-1B status during whole ‘Green Card’ period and don’t use EAD (H-1B is a ‘dual intent’ visa).

About 2Y HRR in your situation. First, time spent in another country does not count to fulfill the 2 Y HRR. Second, changing your citizenship to that of another country also does not eliminate your two-year requirement. Third, persons who at any time on any J-1 program are subject to the requirement remain subject, even if a great deal of time has passed.

I am not sure that EAD is valid during appeal period. Try to ask at I-485 forum. I see only one way for you. You should apply for J-1 waiver or spend 2 years in your home country.
 
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