uscis error? 485 denied! what to do? help, please

H

help485GC

New Member
485 was denied and we received a copy from the lawyer and found the 140 it talked about is not ours. It is said the 140( which is not ours) is denied, thus the 485 (which is ours) will be denied too. ( we have checked the status of the 140,( which is not ours, )actually the status is approved.Very weird!
the denial letter said we can not appeal. But the whole thing is not regarding our case, except the i485 number is ours.
Our 140 status is eb1 pending, NIW approved.

Please advise, could this error be cleared by info pass, or CSR in uscis, or the MTR with $385?
 
nothing, but he is busy and he can not help us right now, until next month! but we do not think we can wait that long.
 
help485GC said:
485 was denied and we received a copy from the lawyer and found the 140 it talked about is not ours. It is said the 140( which is not ours) is denied, thus the 485 (which is ours) will be denied too. ( we have checked the status of the 140,( which is not ours, )actually the status is approved.Very weird!
the denial letter said we can not appeal. But the whole thing is not regarding our case, except the i485 number is ours.
Our 140 status is eb1 pending, NIW approved.

Please advise, could this error be cleared by info pass, or CSR in uscis, or the MTR with $385?
Click to expand...

Take infopass and talk to the IO at your local office. YOu should act immediately. USCIS tends to do mistake BUT it is our headache to make it straight.
 
I agree with madgu, if I were you I would act immediately. Do you have (a copy of) I-140 approval notice? If not can you get it from your employer? You should take it with you to your infopass appointment along with the denial notice so they can see clearly it's 100% their mistake.

(Oh, and fire the useless attorney :mad: )
 
Hi

I would also wite letter and hand deliver to the officer at info pass, make copies of all the paper work and make appointment with congressmans office so if you do not hear in 30 days from info pass you can get congressman to chase on your behalf
 
thanks so much for all the kind advice. I still have some further question.
1, Someone suggest me to use Motion to reopen thing with $385 fee? Is it a good option.
2, I am in CA, so which congressman should I use, I am not familiar with this option. I assume they are all busy, do you think they would want to get involved in GC stuff?
 
This should be easy to fix but only if you act quickly. Contact USCIS in every possible way, infopass, call customer service, call TSC, and keep all records including documents you sent and received, as well as the names of people you talked to on the phone. You may want to hire a new attorney if things don't go smoothly.

Most importantly, after you are done fixing this issue, dump your lawyer! Better yet, demand a refund from him otherwise file a formal complaint with a clear indication that you plan to sue him. If he was hired by your employer, complain to the HR department.

This is more of a general response to many posts I've read here saying their attorney is not responding, not willing to help, not sharing any information, etc. Time to stand up for yourself! They are not doing charity works to help you, rather they are paid to work for you. Plain and simple. It is business relationship bound by contracts, so don't beg for information, demand information. Too many people ignoring and tolerating this type of behavior is exactly why some of them act this way. There are plenty of good and honest immigration attorneys out there, so find another one and demand refund from the previous one who doesn't live up to his promises.

Good luck to your case.
 
help485GC said:
nothing, but he is busy and he can not help us right now, until next month! but we do not think we can wait that long.
Click to expand...

Really!! Yr lawyer is so busy that he can not write and open the case???
Did U pay him the money?? if Yes Sue YR lawyer first - He might have done the mistake of submitting some one else 140 Info with YR 485.

Yr Lawyer has obligation is in legal contract to take care of Yr case- else what is he getting the money for - sealing the envelope and dropping in the Mail box or what???
This is my opinion. Once YR lawyer opens the case as he/she is Yr representative - It is the lawyers responsibility
 
Since your 485 is denied due to mistake by USCIS, you still want it to get it streamlined. If MTR has to be done, it needs to be done within 30 days. You have waited for this stage of your GC process for such a long time. You will have to take it in your hands. Hire the services of lawyers like Khanna or Murthy. Mine was also erroneously denied by USCIS. My company lawyer did not do the MTR properly initially. I hired my own lawyer. It took 60 days for my case to open.

Please act fast. Some money will have to be spent. But in the end it will be worth it.
 
GCSeeker2003Dec said:
Since your 485 is denied due to mistake by USCIS, you still want it to get it streamlined. If MTR has to be done, it needs to be done within 30 days. You have waited for this stage of your GC process for such a long time. You will have to take it in your hands. Hire the services of lawyers like Khanna or Murthy. Mine was also erroneously denied by USCIS. My company lawyer did not do the MTR properly initially. I hired my own lawyer. It took 60 days for my case to open.

Please act fast. Some money will have to be spent. But in the end it will be worth it.
Click to expand...

What is the success rate of MTR Cases for I-485 ???
 
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