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nair_ke

Registered Users (C)
Hello, All.
I have applied for I-140,I-485,I-131,I-765 a year ago.
I did not got approval of I-131.
then i withderw my i-131 / travel document application and visited India on a Emergency trip.

Now My attorney says i have to reapply for i-131, I-485.
Is any body had similar experiences , can any one guide me what shall i do.

Your suggestions are greatly appreciated.

Thanks.
 
Originally posted by nair_ke
Hello, All.
I have applied for I-140,I-485,I-131,I-765 a year ago.
I did not got approval of I-131.
then i withderw my i-131 / travel document application and visited India on a Emergency trip.

Now My attorney says i have to reapply for i-131, I-485.
Is any body had similar experiences , can any one guide me what shall i do.

Your suggestions are greatly appreciated.

Thanks.
Click to expand...

If you were able to enter the country, then u were probably on H1 at the time. I beleive ur lawyer is mistaken about filing for I-485 again. If u have a valid visa stamp like H1, L1 you dont need Ap and dont loose status. But yes you will need to apply for I-131 again.

Again it depends what status you were in at the time you reeneterd.

Reference: USCIS memo clarifying AP requirements issued some time in last 2-4 weeks. search the forum/murthy.com for it.
 
Originally posted by nair_ke
Hello, All.
I have applied for I-140,I-485,I-131,I-765 a year ago.
I did not got approval of I-131.
then i withderw my i-131 / travel document application and visited India on a Emergency trip.
------ I hope you visited India and came to India with valid H1 visa stamp. if your I-140 and I-485 has been filed and you have got the reciepts then you dont need to file I-140 again
Now My attorney says i have to reapply for i-131, I-485.

------ if you need AP you need to file I-131 again and if you need EAD you need to file I-765, you dont need to file I-485 again if you have got the I-485 filing reciept? I dont know why your lawyer is asking to file the I-485 again, you need to ask him the reason why you need to file I-485 again???
Is any body had similar experiences , can any one guide me what shall i do.
------- you need to speake with your lawyer why he says you need to file I-485 again. I suspect he did not file your I-485 or some other issue. we dont know the compleate details of your case
Your suggestions are greatly appreciated.

Thanks.
Click to expand...
 
Thanks

Hello,
Thanks for your reply.
I have the reciept of I-485.
I am doubting this lawyer, he is doing foul play.
Is there any way i can take action against the lawyer who is misleading my case.

Thanks.
 
Thanks

Hello, Ginnu.
The reason the lawyer says to reapply is , since i withdrew my I-131 and left the country , my i-485 application is abandoned.
That is the reason he says to reapply for i-485 again.

What do you suggest.
Thanks.
 
Re: Thanks

Originally posted by nair_ke
Hello, Ginnu.
The reason the lawyer says to reapply is , since i withdrew my I-131 and left the country , my i-485 application is abandoned.

----- your lawyer is NOT correct, you withdraw the I-131 NOT I-485 and withdraing I-31 or I-765 has nothing to do with I-485, you did not abondned I-485. go to BCIS online case status check by punching your EAC or WAC or LIN # and get the printout and show him that it is still pending asnd ask him the law/regulation where it says that if you file I-131 or I-765 and later withdraw the I-485 gets abandoned. I-31 , I-765, I-485 all are DIFFRENT petitions.

** ask him did HE withdraw your I-485???
That is the reason he says to reapply for i-485 again.

What do you suggest.
Thanks.
Click to expand...
 
Check Online if your 485 case is still valid or not? If the online message says it is pending then you should be alright.

Please check with your Attorney if he had withdrwan the 485 Application along with your 131?

Post the details after you check your 485 status online.
 
thanks

Thanks for Ginnu and krishna.
I checked the web it says still pending for I-485, I-765.

My attorney says i need to apply for I-765, i-131.

Thanks.
 
Re: thanks

Originally posted by nair_ke
Thanks for Ginnu and krishna.
I checked the web it says still pending for I-485, I-765.
----goog
My attorney says i need to apply for I-765, i-131.
----- run away from him why you need to file I-485 or EAD again??????, if still confusion go to other good lawyer
Thanks.
Click to expand...
 
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