desperateman
New Member
We filed I-485 in March 2001 (Software, Employment based, EB2) in CA. We moved to NJ in July, 2001. We had our interview in Newark, NJ in May 2003. During the interview, INS officer asked for certain simple documents like photos, DOB certificates etc. Our attorney hand delivered all the asked documents.
After submitting these documents, we got a letter from the officer asking for these documents again. In response to this letter, our attorney submitted the above documents again.
Even after submitting the documents again, INS officer denied our I-485 applications for failure to submit the above documents in March 2004. Our attorney filed a motion to reconsider in April 2004.
Our MTR was denied two weeks back for failure to submit some new documents. One thing is certain. We can prove in any court of law that INS is completely wrong in all its decisions. Our attorney also made many mistakes during this time, but the fact is that we submitted all the documents INS has ever asked for. It seems that there is no way we can appeal INS's decision. Is this true?
I do not have any other backup status, so I believe that I have been out of status since March 2004. So, I can't use section 245(k) to re-file I-485 again. I asked my attorney about other options in the past and he dismissed every thing saying that USCIS will approve my MTR. I should have taken advice from other attorneys and gurus of this forum.
My attorney says that I can file I-485 again under section 245(i) as my labor was approved in 2000 and as I was in the US on 12/21/2000. I am not sure if my employer wants to keep me for two more years. I am trying hard to convince him to re-file I-485 for me, but he is not agreeing to re-file. My employer hasn't been in a good financial shape lately. My employer started the GC process in 2000, who can blame him. Do I need my old employer to re-file I-485? I worked for 4 years for my old employer since filing labor. Had the INS approved my GC in one or two years, I would have ended up working for two years for the employer after getting the GC. How reasonable is asking my old employer to keep employing me even after 4 years of applying for the GC?
My EAD expired in March 2004 and wasn't able to work since then. So, my bank balance has mostly melted away. Last month, I sold off my car. We don't have medical insurance. I want to know if I have any other options. I am in a desperate situation and am thinking seriously of leaving US as I am not sure if it is worth borowing money and spending it on this useless thing. Please, gurus, help me. I lost count of the number of times I visited temples in the past two years. I don't know why god is punishing me this way. I appreciate any advise you can give me. Thank you.
After submitting these documents, we got a letter from the officer asking for these documents again. In response to this letter, our attorney submitted the above documents again.
Even after submitting the documents again, INS officer denied our I-485 applications for failure to submit the above documents in March 2004. Our attorney filed a motion to reconsider in April 2004.
Our MTR was denied two weeks back for failure to submit some new documents. One thing is certain. We can prove in any court of law that INS is completely wrong in all its decisions. Our attorney also made many mistakes during this time, but the fact is that we submitted all the documents INS has ever asked for. It seems that there is no way we can appeal INS's decision. Is this true?
I do not have any other backup status, so I believe that I have been out of status since March 2004. So, I can't use section 245(k) to re-file I-485 again. I asked my attorney about other options in the past and he dismissed every thing saying that USCIS will approve my MTR. I should have taken advice from other attorneys and gurus of this forum.
My attorney says that I can file I-485 again under section 245(i) as my labor was approved in 2000 and as I was in the US on 12/21/2000. I am not sure if my employer wants to keep me for two more years. I am trying hard to convince him to re-file I-485 for me, but he is not agreeing to re-file. My employer hasn't been in a good financial shape lately. My employer started the GC process in 2000, who can blame him. Do I need my old employer to re-file I-485? I worked for 4 years for my old employer since filing labor. Had the INS approved my GC in one or two years, I would have ended up working for two years for the employer after getting the GC. How reasonable is asking my old employer to keep employing me even after 4 years of applying for the GC?
My EAD expired in March 2004 and wasn't able to work since then. So, my bank balance has mostly melted away. Last month, I sold off my car. We don't have medical insurance. I want to know if I have any other options. I am in a desperate situation and am thinking seriously of leaving US as I am not sure if it is worth borowing money and spending it on this useless thing. Please, gurus, help me. I lost count of the number of times I visited temples in the past two years. I don't know why god is punishing me this way. I appreciate any advise you can give me. Thank you.