Urgent: 485 denied

L

liangliang

Registered Users (C)
I just got a letter from USCIS that said my 485 has been denied. The following is the part of the letter:

…

The immigrant visa petition filed in your behalf by Company A. was denied.

Absent evidence that you are entitled to any other immigrant classification, your application must be, and hereby is denied.

The regulations do not provide for an appeal from this decision.

My 140 approved on September, 2001, my attorney filed my 485 on November 2001.
At that time I worked for Company A. One year later, I got a layoff from Company A.
Then I found a (same) new job from Company B by using EAD. I did not tell USCIS when I changed job.

USCIS did not send me any Ref. about my 485 application before this letter.

What I can do now? Please people help me here.

Because the USCIS said “The regulations do not provide for an appeal from this decision.”, does that mean I really can’t appeal? Can I use MTR? Can I continue work with my EAD now? If I file a motion to reopen on the 485, can I apply for a new EAD? My attorney is the Company A attorney, he don’t want to do anything for me after I got layoff. What I will do and how to find a good attorney to help me?


Please guys reply as soon as you read this message. I am turning crazy here.
 
Last edited by a moderator:
It seems your underlying I-140 is missing. Not sure why. Did you notice mention/describe anything more?

You need to find a new attorney ASAP and file for MTR. Remember you need to do it within 30 days of this denial notice date. So you need to act fast. You have to decide whether you want to have an attorney in your local area (many feel comfortable to meet and discuss in person) or lawyer from any other locations will be OK for you (doing everything by phone and mail). The provider of this forum Rajiv Khanna is a good attorney too.
 
Thank you very much. When I file MTR, can I apply a new EAD at same time? My currently EAD will be expired soon.
 
lianliang,

Apply for a MTR and hope for the best. Mine was the same case and so was another person who contacted me on this forum. In both our cases, MTR was reopened within 15 days of receiving the MTR documents.

you have a good chance if at the time of changing jobs your I-140 was approved and more than 180 days had passed after filing for I485

all the best !
 
lianliang,

What does your I140 online status says now, after deniel? Approved or denied? when was the status changed last? What was the status before?
 
Thanks all the responses.

My lawyer filed my labor in September 2000, I was physically present in USA in December 2000. I think I am eligible for 245i.
Company A I worked before is a big company in USA, I don’t think it has any problem for ability to pay. I also got very good payment.
I can not check my I140 online status, because my lawyer did not give me the receipt number. I will ask him to give it to me. When my I140 approved in September 2001, my lawyer called me. Because my lawyer is the company lawyer, I don’t have any reason to doubt of him.

I still don’t understand why USCIS said my I140 was denied. Anyone has comment, thanks!
 
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