Urgent, please help: I485 case withdrawed by USCIS

E

EB2Oct16

Registered Users (C)
Got withdrawal notice of I485, don't know why, currently using EAD to work, I485 was filed in Oct, 2003 (stuck in name check), it is derivative application, primary's application was approved in Sept, 2004.

Do you guys know what will cause a withdrawal?
What are my options? Re-file I485 based on primary's I140? Is it still possible since primary's I485 has been approved? Can I go back to H1 status? Any suggestion will be greatly appreciated.

Primary applicant was working for a company with law firm A when filing the I485 applications, then company was bought by another company, and switched to law firm B, but nothing was done on the applications. Will that cause the withdrawal?

Thanks a lot,
 
EB2Oct16 said:
Got withdrawal notice of I485, don't know why, currently using EAD to work, I485 was filed in Oct, 2003 (stuck in name check), it is derivative application, primary's application was approved in Sept, 2004.
------------------ did you sign any document to withdraw YOU I-485? did the letter from USCIS mention that your requested to withdarw the I-485

Do you guys know what will cause a withdrawal?
------------ Only your request signed by you
What are my options? Re-file I485 based on primary's I140? Is it still possible since primary's I485 has been approved? Can I go back to H1 status? Any suggestion will be greatly appreciated.

Primary applicant was working for a company with law firm A when filing the I485 applications, then company was bought by another company, and switched to law firm B, but nothing was done on the applications. Will that cause the withdrawal?
------------------- company A or B lawyer can withdarw representation to your case it does not mean that you have requested to withdraw your I-485. need more details of your case or go to good lawyer
Thanks a lot,
Click to expand...
 
The company probably did it, revoked the I-140 or something and then the USCIS mistakenly withdrew it. Either that, or you traveled outside the US without using Advance Parole.
 
Jackolantern said:
The company probably did it, revoked the I-140 or something and then the USCIS mistakenly withdrew it.
------------- Poster is dependent/derivative applicant, no question of I-140 approval or revoking of I-140 as no I-140 was filed for derivative. seems to be USCIS mistake or the poster has other issues
Either that, or you traveled outside the US without using Advance Parole.
----------- if one uses H1 or H4 or while I-485 is pending then I-485 is not Withdrawn. to withdraw I-485 you have to write it to USCIS
if one departs US and wants to use AP and approved AP is not hand before then I-485 is abandoned not withdrawn
** we dont have details of the case
Click to expand...
 
The company probably did it, revoked the I-140 or something and then the USCIS mistakenly withdrew it.
------------- Poster is dependent/derivative applicant, no question of I-140 approval or revoking of I-140 as no I-140 was filed for derivative. seems to be USCIS mistake or the poster has other issues
Either that, or you traveled outside the US without using Advance Parole.
*********** Yes, I am the derivative applicant, primary is my wife, her application got approved a year ago, I was stuck in name checking. We didn't change our address since we filed the application, we didn't go out of country since we filed the application. I recently filed EAD and AP renewal. The only reason I can think of is the lawyer got RFE and forgot to transfer it to us (we filed the application with law firm A, and then switched to law firm B because company got bought, and we didn't file any addendum after the company acquisation, so letters from INS will still go to law firm A, and my wife was laid off by the company in Dec 2004 and has gone back to school immediatly after that)
----------- if one uses H1 or H4 or while I-485 is pending then I-485 is not Withdrawn. to withdraw I-485 you have to write it to USCIS
if one departs US and wants to use AP and approved AP is not hand before then I-485 is abandoned not withdrawn
** we dont have details of the case
********* I am currently using EAD, even though I only used my H1 for 3 years. I called custermer service number and CSC emergency number, not much information, they say we should write a letter to CSC and ask to re-open the case. They also say it is likely that they got a withdraw petition and when typed it to the system, they made a mistake :-(

Thanks
 
EB2Oct16 said:
The company probably did it, revoked the I-140 or something and then the USCIS mistakenly withdrew it.
------------- Poster is dependent/derivative applicant, no question of I-140 approval or revoking of I-140 as no I-140 was filed for derivative. seems to be USCIS mistake or the poster has other issues
Either that, or you traveled outside the US without using Advance Parole.
*********** Yes, I am the derivative applicant, primary is my wife, her application got approved a year ago, I was stuck in name checking. We didn't change our address since we filed the application, we didn't go out of country since we filed the application. I recently filed EAD and AP renewal.

The only reason I can think of is the lawyer got RFE and forgot to transfer it to us
************** what was that RFE?did you or your lawyer reply to that RFE, please dont post incompleate details
(we filed the application with law firm A, and then switched to law firm B because company got bought, and we didn't file any addendum after the company acquisation, so letters from INS will still go to law firm A, and

my wife was laid off by the company in Dec 2004 and has gone back to school immediatly after that)
********** earler you posted that your wife got approved, I mean she got I-485 approved, if she got her I-485 approved then she is Green Card holder. I dont understand why she went to School(one can go to school with GC) but if she was laid off by the company after her I-485 approval then she CAN work with any employer she is GC holder----------- if one uses H1 or H4 or while I-485 is pending then I-485 is not Withdrawn. to withdraw I-485 you have to write it to USCIS
if one departs US and wants to use AP and approved AP is not hand before then I-485 is abandoned not withdrawn
** we dont have details of the case
********* I am currently using EAD, even though I only used my H1 for 3 years. I called custermer service number and CSC emergency number, not much information, they say we should write a letter to CSC and ask to re-open the case. They also say it is likely that they got a withdraw petition and when typed it to the system, they made a mistake :-(

Thanks
Click to expand...
you dont post your and your wife full details, it is not easy to understand your situation. If your wife I-485 was approved then she has GC and can join any employer. if her I-485 was NOT approved and company revoked I-140 and she did not use AC21 then it seems she was not approved GC. you need to post details
the date her I-140 was filed
date her I-140 was approved
date her I-485 was filed
date your I-485 was filed
date the RFE was recieved, what was RFE? was this RFE related to YOUR I-485 or your wife I-485?
Did your wife has GC? what is the reason to join school agter GC?
Was she laid off AFTER her I-485 approval
if she got GC she can work with any employer and she need to keep lay off letter

OR
go to good lawyer and seek help
 
EB2Oct16 said:
Got withdrawal notice of I485, don't know why, currently using EAD to work, I485 was filed in Oct, 2003 (stuck in name check), it is derivative application, primary's application was approved in Sept, 2004.

Do you guys know what will cause a withdrawal?
What are my options? Re-file I485 based on primary's I140? Is it still possible since primary's I485 has been approved? Can I go back to H1 status? Any suggestion will be greatly appreciated.

Primary applicant was working for a company with law firm A when filing the I485 applications, then company was bought by another company, and switched to law firm B, but nothing was done on the applications. Will that cause the withdrawal?

Thanks a lot,
Click to expand...

First go to your Local district office talk to them. they will tell you the reason. There is no reason for withdrawing unless your wife is requested. It is the service center error. File MTR immidiatly.
 
you dont post your and your wife full details, it is not easy to understand your situation. If your wife I-485 was approved then she has GC and can join any employer.
******** Yes, her I-485 and I-140 are approved in sept 2004, then she got laid off in Dec. 2004, she decided to go back to school to finish her PhD

if her I-485 was NOT approved and company revoked I-140 and she did not use AC21 then it seems she was not approved GC. you need to post details
the date her I-140 was filed ******* 10/16/2003
date her I-140 was approved 09/24/2004
date her I-485 was filed 10/16/2003
date your I-485 was filed 09/24/2004
date the RFE was recieved, what was RFE? was this RFE related to YOUR I-485 or your wife I-485?
********* We just contacted lawyers from both firms, they say they didn't
receive any RFE, (RFE thing was my guessing) but lawyer from firm A did file a withdrawal of representation for my I485 case in Oct 2004.

Did your wife has GC? what is the reason to join school agter GC?
Was she laid off AFTER her I-485 approval
********* YES, she has GC. she has been full-time working and part-time studying while waiting for her GC, so she decided to go back full-time studying after being laid off. YES, she was laid off AFTER her I-485 approval

Thanks a lot for all your help!!
 
EB2Oct16 said:
you dont post your and your wife full details, it is not easy to understand your situation. If your wife I-485 was approved then she has GC and can join any employer.
******** Yes, her I-485 and I-140 are approved in sept 2004, then she got laid off in Dec. 2004, she decided to go back to school to finish her PhD
____________ her I-485 was approved in september 2004 and she was working with employer at that time and she got laid off by the same employer in December 2004 and at that time she had GC or I-485 approved. if she was laid off she should keep that letter from employer who laid off her immidiatly after GC because at the time of her citizenship she may be asked why she left after GC and she can provide the letter from employer that she was laid off.

if her I-485 was NOT approved and company revoked I-140 and she did not use AC21 then it seems she was not approved GC. you need to post details
the date her I-140 was filed ******* 10/16/2003
date her I-140 was approved 09/24/2004
date her I-485 was filed 10/16/2003
date your I-485 was filed 09/24/2004
date the RFE was recieved, what was RFE? was this RFE related to YOUR I-485 or your wife I-485?
********* We just contacted lawyers from both firms, they say they didn't
receive any RFE, (RFE thing was my guessing)
--------------- then dont post that you recieved RFE
but lawyer from firm A did file a withdrawal of representation for my I485 case in Oct 2004.
____________________ it simply means your I-485 has not been withdrawan, only lawyer has withdrawan representation to your pending I-485 and it does not matterDid your wife has GC? what is the reason to join school agter GC?
Was she laid off AFTER her I-485 approval
********* YES, she has GC. she has been full-time working and part-time studying while waiting for her GC, so she decided to go back full-time studying after being laid off.
YES, she was laid off AFTER her I-485 approval
------- keep the lay off letter with you till her Citizenship

-- what is written on letter that you got from USCIS?
---------what online status shows for your I-485?
** I will not worry as YOU have not requested USCIS to withdraw your I-485, can be mistake of USCIS or you may be reding the letter with wrong interpretation. post the details of the letter
Click to expand...
 
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-- what is written on letter that you got from USCIS?
I just received the notice: it says
On September 28, 2004, the attorney-of-record submitted a written notice requesting the withdrawal of the above-mentioned application filed on October 16, 2003.

In fact, the letter my attorney sent on September 28, 2004 was a withdrawal of representation and I did not sign it. The letter is attached, the title is “Withdrawal from Representation, Form I-485” and it says, “This letter is to advise you that at the request of our client our office hereby withdraws as attorney of record in the above-referenced case. Thank you very much for noting this withdrawal in your file”.

It is hard to believe a letter written a year ago will cause some bad effect now!!!
---------what online status shows for your I-485?
On September 14, 2005, we mailed a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application.

Turns out USCIS made a mistake, what should I do now? Since I am using EAD to work, is my EAD still valid that I no longer have a pending I485 application? I filed EAD renewal in Aug 2005, will my renewal be denied due to the withdrawal of I485? If it is denied, I will have to re-file and pay the fee again?? Is my current immigration status legal? Thanks a lot for your inputs on this matter!!!
 
EB2Oct16 said:
-- what is written on letter that you got from USCIS?
I just received the notice: it says
On September 28, 2004, the attorney-of-record submitted a written notice requesting the withdrawal of the above-mentioned application filed on October 16, 2003.
----------------- It says that attorney-of-record submitted withdrawal of I-485 ( how lawyer can do that with out your letter to withdraw?)
In fact, the letter my attorney sent on September 28, 2004 was a withdrawal of representation and I did not sign it.
------------If the lawyer only requested to withdraw representation then it seems the USCIS officer who read the lawyer letter misinterpreted it and did a mistake
-----------do you have the copy of letter that lawyer sent to USCIS? if not ask for the copy

The letter is attached, the title is “Withdrawal from Representation, Form I-485” and it says,

“This letter is to advise you that at the request of our client our office hereby withdraws as attorney of record in the above-referenced case. Thank you very much for noting this withdrawal in your file”.

**** the above letter only says withdrawal from representation. It depends who reads and the lawyer language is like doctor language. he should have made it clear that this request is not to withdraw I-485. words"at the request of our client " confused the USCIS officer

It is hard to believe a letter written a year ago will cause some bad effect now!!!
---------what online status shows for your I-485?
On September 14, 2005, we mailed a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application.

Turns out USCIS made a mistake, what should I do now?
----------------------- It simply says that attorney has withdrawn representation to your I-485, but it seems USCIS made a mistake


Since I am using EAD to work, is my EAD still valid that I no longer have a pending I485 application?
---------- take the online printout of the message and copy of Lawyer letter that he sent to USCIS , copy of USCIS notice to you and go to a good lawyer so that he can write to USCIS that YOU have NOT requested I-485 withdrawal, it is ONLY attorney XYZ who wrote letter on date... that he no more represent pending I-485#....... not representing of XYZ lawyer for I-485 does not mean YOU have requested withdrawal of I-485 and XYZ lawyer has no right to withdarw your pending I-485#...
You need to see good lawyer..

I filed EAD renewal in Aug 2005, will my renewal be denied due to the withdrawal of I485? If it is denied, I will have to re-file and pay the fee again?? Is my current immigration status legal? Thanks a lot for your inputs on this matter!!!
Click to expand...
 
---------- take the online printout of the message and copy of Lawyer letter that he sent to USCIS , copy of USCIS notice to you and go to a good lawyer so that he can write to USCIS that YOU have NOT requested I-485 withdrawal, it is ONLY attorney XYZ who wrote letter on date... that he no more represent pending I-485#....... not representing of XYZ lawyer for I-485 does not mean YOU have requested withdrawal of I-485 and XYZ lawyer has no right to withdarw your pending I-485#...
You need to see good lawyer..

>>>>>>>>>>>
Thanks for your reply, my lawyer is preparing for MTR of I-485 and if that succeeds, will file MTR for AP/EAD renewal, both were denied due to the withdrawal status.

I sent an email to 485 unit of CSC last Friday and got two replies:
first one is short: "Pulling and will advise" on 09/26
2nd one is also short: "Should be reversed ASAP" on today (09/28)
Does it mean my I-485 case will be reopened soon? The replies are too short not clear enough for me, Thanks
 
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