URGENT : H1B application rejected after 140 approval!

[gcfordesi04]

485 approved in 18 days after 140 approval

Please see my case details below.
My 140 got approved on 05/05/05.
My current I-94 expires on 19th May 2005 and have NOT started using my EAD and I do not want use it until my 485 is approved.
My employer applied for my H1B extension during 7th May and by 9th May INS sent back the whole file with a covering letter saying, this case does not allow for extension. What does it mean?
Is it becasue I have my EAD and also 140 got approved, I'm not eligible for the visa extension?
My lawyer said, only if my 485 is approved that is when I become ineligible for H1B extension.

Need your input/help very urgently. Could some one guide me through, i would greatly appreciate that.

Regards.
EB3 Substituted Labor Concurrent
Labor PD :10/22/2001
I-140 & I-485 RD : 08/31/2004
I-140 & I-485 ND : 09/07/2004
FP Scheduled Date : 10/13/2004
FP Receipt Date : 10/19/2004
AP AD : 10/15/2004
EAD AD : 10/18/2004
LUD on I - 485 : 11/04/2004 [Due to Inquiry]
LUD on I - 485 : 12/21/2004 [Don't know why]
LUD on I - 485 : 03/29/2005 [Don't know why]
LUD on I - 140 : 03/29/2005
RFE on I-140 [03/30/2005]
Responded for the RFE on 04/29/2005.
Received by USCIS on 05/02/2005 (LUD changed because of this on 05/03/2005)
I-140 Approved on 05/05/05 and the LUD changed for 140 on 05/10/05.

Dear Friends:

I'm so excited to inform you all that our I-485 got approved and received the maic emails from USCIS today (05/23/2005), both myself and spouse. I would like to extend my sincere thanks to this great forum,Mr.Rajiv, experts and the gurus for the advice and the great information. Wishing everyone for a speedy approval.

Thanks much.

 

[ginnu]

Please see my case details below.
My 140 got approved on 05/05/05.
My current I-94 expires on 19th May 2005 and have NOT started using my EAD and I do not want use it until my 485 is approved.
My employer applied for my H1B extension during 7th May and by 9th May INS sent back the whole file with a covering letter saying, this case does not allow for extension. What does it mean?
---------------- did the lawyer sent I-485 pending reciept??? did he file H1 extension BEFORe the expiry of your I-94?
Is it becasue I have my EAD and also 140 got approved, I'm not eligible for the visa extension?
---------- that is not the reason, one can get H1 extension if LC filed 365 days back or I-140 or I-485 pending

My lawyer said, only if my 485 is approved that is when I become ineligible for H1B extension.

Need your input/help very urgently. Could some one guide me through, i would greatly appreciate that.

Regards.
EB3 Substituted Labor Concurrent
Labor PD :10/22/2001
I-140 & I-485 RD : 08/31/2004
I-140 & I-485 ND : 09/07/2004
FP Scheduled Date : 10/13/2004
FP Receipt Date : 10/19/2004
AP AD : 10/15/2004
EAD AD : 10/18/2004
LUD on I - 485 : 11/04/2004 [Due to Inquiry]
LUD on I - 485 : 12/21/2004 [Don't know why]
LUD on I - 485 : 03/29/2005 [Don't know why]
LUD on I - 140 : 03/29/2005
RFE on I-140 [03/30/2005]
Responded for the RFE on 04/29/2005.
Received by USCIS on 05/02/2005 (LUD changed because of this on 05/03/2005)
I-140 Approved on 05/05/05 and the LUD changed for 140 on 05/10/05.

 

[gcfordesi04]

ginnu, i think you may have mis interpreted his posting of what his lawyer said.

His lawyer said, he becomes ineligible for h-1b extension if 485 is approved.

I believe what has happened in your case is that within uscis system, your 485 has been approved. Sometimes there is a time lag between when adjudicator approves the 485 and when the approval notice is generated.

Wait a week or so, I am sure that your 485 status will change to approved.

Thanks so much Ginnu & Unitednations:

Thats what i feel also but what I wanted to be sure is, that was the case. Because, in my case only on 19th May 2005 i would be completing my 5 years and from there i have one full year. If that is so why should they deny and send back the package?

Regards.

 

[ginnu]

ginnu, i think you may have mis interpreted his posting of what his lawyer said.
------------ Thanks. it was my mistake .

His lawyer said, he becomes ineligible for h-1b extension if 485 is approved.

I believe what has happened in your case is that within uscis system, your 485 has been approved. Sometimes there is a time lag between when adjudicator approves the 485 and when the approval notice is generated.

Wait a week or so, I am sure that your 485 status will change to approved.

 

[gcfordesi04]

140 approval notice & 485-Inquiry!

My 140 was approved on 05/05/05 and have not received the approval notice yet.
Meanwhile my lawyer sent an inquiry on my 485.
Below is the inquiry and the response from USCIS.
Could some one tell me what it means?

********* inquiry ***********
Date: 5/17/05 4:08 PM
Company Name: xxxxxx
Beneficiary Name: xxxxxxxxx
Receipt: WAC-xx-xxx-xxxxx
Receipt date: 9/7/2004

Past processing time. Please adjudicate.

***** USCIS response **********
The file at question will be approved and updated in the system in the next
few days. An approval notice will be mailed out to the address of record.

 

[gcfordesi04]

485 approved in 18 days after 140 approval.

My 140 was approved on 05/05/05 and have not received the approval notice yet.
Meanwhile my lawyer sent an inquiry on my 485.
Below is the inquiry and the response from USCIS.
Could some one tell me what it means?

********* inquiry ***********
Date: 5/17/05 4:08 PM
Company Name: xxxxxx
Beneficiary Name: xxxxxxxxx
Receipt: WAC-xx-xxx-xxxxx
Receipt date: 9/7/2004

Past processing time. Please adjudicate.

***** USCIS response **********
The file at question will be approved and updated in the system in the next
few days. An approval notice will be mailed out to the address of record.

Dear Friends:

I'm so excited to inform you all that our I-485 got approved and received the maic emails from USCIS today (05/23/2005), both myself and spouse. I would like to extend my sincere thanks to this great forum,Mr.Rajiv, experts and the gurus for the advice and the great information. Wishing everyone for a speedy approval.

Thanks much.