URGENT!!! I-485 Denied...Please Help!

P

PkDukhi

Registered Users (C)
My friend's I-485 has been denied to insufficient evidence submitted to USCIS by his immigration attorney. One of the information that should have been submitted was the Offer of Employment Letter from the sponsoring company. He failed to get that from the sponsor.

The letter of Denial was dated August, 21, 2006

The I-485 notice date was December 5, 2002.

The motion to reconsider has already been filed with USCIS with all the missing documentation that was stated in the denial letter but the Offer of Employment is still missing due to complication between the attorney and sponsor.

How long does it take to re-consider the case, will that happen at all?

The applicant is currently working in IT which is an entirely different profession from the profession that he has been sponsored in.

This applicant is currently on EAD and is only obligated to work for the sponsor once I-485 is apporved and not before that.

Here are the questions for you all.

1- Is it possible to get the Offer of Employment from another company with in the same profession? Can it be send as more evidence to USCIS after initial MTR has been filed?

2- What is the legal status of the candidate now since his EAD, which is valid till next year was issued based on his pending I-485 application with USCIS?

Is there any re-course?

Please if anyone of you know a good attorney with in Washington Metropolitan Area, do write to us.

Thanks in advance for your comments and advise.

PK
 
Not to sound discouraging but if one of the reasons specified for denial is offer letter and the MTR still doesn't contain it, its not going to help. Especially since its a such a central and critical piece of the application.

The best outcome would be that they forget about the letter and just approve the case. But if not, in a way, I would think the best way to go would be to just be honest and say
1) that this was missed initially in filing (an honest mistake) but since then AC21 had been invoked (if it has...180 days passed since filing) and in the meantime...
2) sponsoring employer will not produce a retroactive offer letter anymore as beneficiary intends to work for another employer (ac21) but...
3) there was a genuine job offer at the time of filing (any email correspondence or any other documentary proof)

I am not sure how the difference between labor profession and current profession will be reconcilied though. Never came across such a case.
 
Murthy.com

PD,

I am sorry to hear that your friend is in a difficult situation. I would like to recommend The Murthy law firm. You can call them (www.murthy.com) or send your inquiry to the following email address: law@murthy.com. In your email, you may want to specifically ask for an attorney "Dana D.", who helped me a lot with my case. Good luck!
 
Hi PkDukhi,

What is ur friend's occupation in the original labor certification???
You said ur friend filed AC21 after 180 days. Do you know in what occupation did he file AC21??
Generally inorder to get I-485 pproved, alien should be employed in same or similar occupation specified in original labor certification.
Obviously if the current position is different from occupation mentioned in labor certification then USCIS will deny the application.
 
offer of employment

is the Offer of Employment letter needed for the I-485?????? i thought only I-140 requires the Offer of Employment letter? :confused:
 
Simply put, I agree with gb04.
Your friend is in serious trouble and a web based forum can only provide so much good advise.
Ask him/her to consult a GOOD attorney to give him/her professional advise and help him out.
 
In order to get I-485 approved applicant shoud demonstrate that the conditions for LC continue to exist in other words he needs to proved prove of current employment with the sponsor or letter of offer from prospective employer in the same area of occupation. Failure to do so will lead to denial.
I would recommend to find ASAP such a letter and ammend using good attorney before the denial is rendered.
 
RFE before denial?

Once 485 is denied, all EAD and AP which depend on it become invalid with immediate effect. If the person has a valid H1-B or other visa, status can be maintained, otherwise he/she is out of status.

BTW, did USCIS suddenly issue denial letter, or was there an RFE for the employment letter?


PkDukhi said:
My friend's I-485 has been denied to insufficient evidence submitted to USCIS by his immigration attorney. One of the information that should have been submitted was the Offer of Employment Letter from the sponsoring company. He failed to get that from the sponsor.

The letter of Denial was dated August, 21, 2006

The I-485 notice date was December 5, 2002.

The motion to reconsider has already been filed with USCIS with all the missing documentation that was stated in the denial letter but the Offer of Employment is still missing due to complication between the attorney and sponsor.

How long does it take to re-consider the case, will that happen at all?

The applicant is currently working in IT which is an entirely different profession from the profession that he has been sponsored in.

This applicant is currently on EAD and is only obligated to work for the sponsor once I-485 is apporved and not before that.

Here are the questions for you all.

1- Is it possible to get the Offer of Employment from another company with in the same profession? Can it be send as more evidence to USCIS after initial MTR has been filed?

2- What is the legal status of the candidate now since his EAD, which is valid till next year was issued based on his pending I-485 application with USCIS?

Is there any re-course?

Please if anyone of you know a good attorney with in Washington Metropolitan Area, do write to us.

Thanks in advance for your comments and advise.

PK
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