I filed for EB-1EA extraord ability and NIW at the same time and was advised to submit just one 485 (as one cannot file 2) with a cover letter to consider 485 app with both EA or NIW. My ExtrAbility 140 was approved 4 months ago, however NIW 140 denied last week...along with a DENIAL of 485 ..it says "absent evidence that you are entitled to any other immigrant classification, your application must be, and hereby denied. The regulations do not provide for an appeal from this decision" The 485 denial follows the NIW denial by a few days. My questions:
-an obvious oversite by INS in NOT LINKING THE 485 TO an approved ExtroAbility 140 and instead linking it to a denied NIW? or am I in deep trouble?
-is my EAD (with the same A# as this letter with 485 denial) still valid?
-what are my options? A call/fax to the service center would correct the problem?
-Do I need to refile another 485? After an approval of EB1-EA 140 how much time one has to file a 485...is there a time frame? Do I need to also refile another EAD? If yes, should it be included with the new 485 filing or filed after I get a receipt for I-485?
-Will my A# change if I was to file for another 485?
-Can I work on the current EAD? Would there be problems getting my current EAD extension?
-Would a motion to reopen/reconsider get things done sooner than filing a new 485?
-If I was to file a new 485, is there anyway I could still keep my priorty date (original 485 filed 1.5 years ago...which is now "denied")
-lastly, I read elsewhere on this forum "If you have an approved I140 and subsequently a denied I140 they might consider the second (denied) I140 to be the final determination of your eligibility to immigrate." Is that something true...especially in my case above??? Can this mess my case in any way??
PLEASE guys ...respond to this with what ever knowledgeable advice you may have.
-an obvious oversite by INS in NOT LINKING THE 485 TO an approved ExtroAbility 140 and instead linking it to a denied NIW? or am I in deep trouble?
-is my EAD (with the same A# as this letter with 485 denial) still valid?
-what are my options? A call/fax to the service center would correct the problem?
-Do I need to refile another 485? After an approval of EB1-EA 140 how much time one has to file a 485...is there a time frame? Do I need to also refile another EAD? If yes, should it be included with the new 485 filing or filed after I get a receipt for I-485?
-Will my A# change if I was to file for another 485?
-Can I work on the current EAD? Would there be problems getting my current EAD extension?
-Would a motion to reopen/reconsider get things done sooner than filing a new 485?
-If I was to file a new 485, is there anyway I could still keep my priorty date (original 485 filed 1.5 years ago...which is now "denied")
-lastly, I read elsewhere on this forum "If you have an approved I140 and subsequently a denied I140 they might consider the second (denied) I140 to be the final determination of your eligibility to immigrate." Is that something true...especially in my case above??? Can this mess my case in any way??
PLEASE guys ...respond to this with what ever knowledgeable advice you may have.
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