What are valid possible reasons for I-485 denial?
- Thread starter kamvp
- Start date
curiousGeorge
Registered Users (C)
kamvp,
This is a sad situation, but wait for the notice to be absolutely sure. Get your lawyer ready to file MTR ASAP since you only have 30 days to do this.
One question for others: Does the 30 days start from when the notice is recieved, or when they actually denied the case. If they have not sent the notice and the case was denied on Dec 14th, and they starty counting from the date of denial, then there is only 2 days left to file a MTR.
This is a sad situation, but wait for the notice to be absolutely sure. Get your lawyer ready to file MTR ASAP since you only have 30 days to do this.
One question for others: Does the 30 days start from when the notice is recieved, or when they actually denied the case. If they have not sent the notice and the case was denied on Dec 14th, and they starty counting from the date of denial, then there is only 2 days left to file a MTR.
I think they give 30 days starting from date of denial notice, and NOt from date of receiving the notice. They do give some additional time (I do not remember, 3 or 7 days, so total would be 33 or 37 days) if the notice comes by mail (usually it does). I found this from my lawyer when I got my I-140 denial letter.
In case you will receive denial letter long time after it's date, please KEEP THE ENVELOPE with postmarked date, make a copy of it, and submit together with your appeal/MTR, then they should give you more time...
Your case looks ok, I still hope they just had an intend to deny and decided NOT to do it...please keep us updated, we all worry for you a lot!
In case you will receive denial letter long time after it's date, please KEEP THE ENVELOPE with postmarked date, make a copy of it, and submit together with your appeal/MTR, then they should give you more time...
Your case looks ok, I still hope they just had an intend to deny and decided NOT to do it...please keep us updated, we all worry for you a lot!
GCJaisaKoiNahi
Registered Users (C)
sorry to hear that Kamvp. Who knows..may be it was denied by a junior officer and waiting for some senior officer to take a fresh look?? (this might be reason why they have not mailed decision yet) who knows!!!!
Even if it is denial, it will eventually get approved after MTR. Dont worry eat chicken curry!!
Even if it is denial, it will eventually get approved after MTR. Dont worry eat chicken curry!!
A week passed after I spoken with VSC Representative. No LUD, No message change and No Notice. Not sure whats going on with my case. What to do?
Another hand, I am thinking to apply AC-21. I changed my Company. Is it good time to apply AC-21 or wait till some time? How its effect on my GC process?
Another hand, I am thinking to apply AC-21. I changed my Company. Is it good time to apply AC-21 or wait till some time? How its effect on my GC process?
I read your entire thread and all I can tell you is my experience - my 140 was denied by the advisor on 08/06/2004 (I dont have a proof of this, this was told by my new lawyer who had filed my MTR, it looks she found out from VSC - I have requested a FOIA for this) and I received the denial letter on 10/08/2004. The letter was issued on 10/01/2004 and mailed on 10/04/2004. Even I am confused as to this day, why they take so much time to send a letter if they have denied the application. Now dont get alarmed, it is something for which I do not have a proof, so dont think that you can apply this to your case. I have requested a FOIA on my 140 and once I get those papers, only then can I tell you what exactly happened.kamvp said:
You should also ask unitednations. He has all his 140 papers. You should ask him when the advisor denied his application and when he recevied the denial.
Hi Dazzling
I saw ur LUD history in ur signature and i have a concern or question for you. My I140 was approved on mar 2, 2004 and my I485 has an RD 10/22/2003 and not approved yet
So i changed companies in june 2004 after i qualified for AC21(which is 6 months from filing I485 and I140 approved)
So my old company sent a revoking letter for I140 and due to this i also sent ac21 letters with my new employer(with letter stating exact postion, salary and pay stubs).
Now i am really concerned after reading this forum and particularly ur lud pattern. Because i too had a lud change on same date 11/4/2004 for both my I140 and I1485. But there is no status message change on any of them. for I140 it says it is approved on mar 2,2004 blah..blah and for I485 processing resumed.
My question is LUD change on same date on approved I140 and pending I1485 is a matter of concern? Because in ur case i saw that it was denied. Also after this lud change there was no activity at all or any correspondence from uscis in way of rfe or noid.
I did call uscis and was able to reach the rep in vsc. first time the lady told there is no need for concern. u just need to wait... second time the guy told it is with officer and u need to wait.
I really dont understand how long does it take to adjudicate after it is assigned to a officer with all the checks done.
Also sorry for writing such a big message but i thank u in advance for ur response.
I saw ur LUD history in ur signature and i have a concern or question for you. My I140 was approved on mar 2, 2004 and my I485 has an RD 10/22/2003 and not approved yet
So i changed companies in june 2004 after i qualified for AC21(which is 6 months from filing I485 and I140 approved)
So my old company sent a revoking letter for I140 and due to this i also sent ac21 letters with my new employer(with letter stating exact postion, salary and pay stubs).
Now i am really concerned after reading this forum and particularly ur lud pattern. Because i too had a lud change on same date 11/4/2004 for both my I140 and I1485. But there is no status message change on any of them. for I140 it says it is approved on mar 2,2004 blah..blah and for I485 processing resumed.
My question is LUD change on same date on approved I140 and pending I1485 is a matter of concern? Because in ur case i saw that it was denied. Also after this lud change there was no activity at all or any correspondence from uscis in way of rfe or noid.
I did call uscis and was able to reach the rep in vsc. first time the lady told there is no need for concern. u just need to wait... second time the guy told it is with officer and u need to wait.
I really dont understand how long does it take to adjudicate after it is assigned to a officer with all the checks done.
Also sorry for writing such a big message but i thank u in advance for ur response.
I-485..Please clarify
Hi Freinds,
I have a question.
I came to USA on L1 in june 2001 and my wife came on L2 in Dec'01.
Before she came I applied for H1 from some other company and forgot to apply H4 for her. I joined the new company in March '02 and then I applied H4 for her in April'02. I had a change of status from L1 to H1 and when I joined new company I was on H1 and she was on L2.( I resigned from original L1 sponsored company). She got her H4 approval in May'02.
We applied I-485 in July 2004.
So, she was in diff status for some period of time.
That is when I was on H1 from March'02, she was on L2 from March'02 to May'02.Approx for some 70 days.
So will there be any problem for her I-485 approval?? Any RFEs will come??
Please give you opinions as I am very much worried. Every thing is handled by my company lawyer (paralegal).
Thanks a lot and I wish good luck for all
Hi Freinds,
I have a question.
I came to USA on L1 in june 2001 and my wife came on L2 in Dec'01.
Before she came I applied for H1 from some other company and forgot to apply H4 for her. I joined the new company in March '02 and then I applied H4 for her in April'02. I had a change of status from L1 to H1 and when I joined new company I was on H1 and she was on L2.( I resigned from original L1 sponsored company). She got her H4 approval in May'02.
We applied I-485 in July 2004.
So, she was in diff status for some period of time.
That is when I was on H1 from March'02, she was on L2 from March'02 to May'02.Approx for some 70 days.
So will there be any problem for her I-485 approval?? Any RFEs will come??
Please give you opinions as I am very much worried. Every thing is handled by my company lawyer (paralegal).
Thanks a lot and I wish good luck for all
i 485 denied...please help
Dear friends,
Iam new to this forum.Now we r in a critical situation.I need ur valuable suggestions.Its long message .But please help us.
we incidentally called vsc center today morning and found that our I485 was denied on dec16'2004.we haven't received any letter still.They tell that they mailed a letter regd. this on dec16'2004 .but we haven't received any letter till now. today they told they will send a mail again. so far no changes in LUD's.
we r concerned that our i140 denial would be the reason for i485 denial.B'cos my husband switched his job from the employer who sponsered his GC.that was a sub.labour. when he changed company his status was like i140 and i485 filled concurrently and greater than 180 days after filling. but his i140 got cleared after one month he came to new employer.so the old employer revoked the approved i140.he also told us this matter two weeks back.
my husband's H1 period is over and he is on EAD.
please suggest us if we can appeal for our case ...but haven'tgot the mail from uscis to know the exact reason for denial.
can we use ac-21.
we r from india...EB3 category....sub.labour was filled in july 2001 and got cleared in 2003.
finger printing done for both us on oct'2004.
changed job in oct'2004 first week....I140 got cleared in nov'2004 third week.
I 485 pending from sep'2003.
please suggest the possibilities for denial and also what we can do from now to do an appeal.
Thanks in advance
banama
Dear friends,
Iam new to this forum.Now we r in a critical situation.I need ur valuable suggestions.Its long message .But please help us.
we incidentally called vsc center today morning and found that our I485 was denied on dec16'2004.we haven't received any letter still.They tell that they mailed a letter regd. this on dec16'2004 .but we haven't received any letter till now. today they told they will send a mail again. so far no changes in LUD's.
we r concerned that our i140 denial would be the reason for i485 denial.B'cos my husband switched his job from the employer who sponsered his GC.that was a sub.labour. when he changed company his status was like i140 and i485 filled concurrently and greater than 180 days after filling. but his i140 got cleared after one month he came to new employer.so the old employer revoked the approved i140.he also told us this matter two weeks back.
my husband's H1 period is over and he is on EAD.
please suggest us if we can appeal for our case ...but haven'tgot the mail from uscis to know the exact reason for denial.
can we use ac-21.
we r from india...EB3 category....sub.labour was filled in july 2001 and got cleared in 2003.
finger printing done for both us on oct'2004.
changed job in oct'2004 first week....I140 got cleared in nov'2004 third week.
I 485 pending from sep'2003.
please suggest the possibilities for denial and also what we can do from now to do an appeal.
Thanks in advance
banama
let me first put a disclaimer - I am not a sooth sayer that I can predit what something means with USCIS. All I am doing is analyzing some actual cases and **trying** to identify a pattern. Your case may or may not fit into that pattern and **there is no need for concern if it does not**.HaveMercy said:
Having said that:
1. If both 140 and 485 were updated and no message change happened and your employer is trying to revoke your 140, as long as USCIS has your AC-21 letter / documents, they will not deny your case. However, they will record this information in your 140 and possibly 485 and for that they will need to open your file. So the LUD may be related to that.
So take a deep breath and relax.
banama said:
It will be very hard to convince USCIS that you did not receive original denial notice. Any way, once you get denial notice, file MTR and state the reason for filing MTR late as not received the original denial notice. I will suggest you go thru a good lawyer.
While filing MTR, send AC21 papers. USCIS may consider your MTR.
BTW, right now your EAD/AP is not valid and it is recommended that you should not work or travel using these.
banama,banama said:
I am in similar situation, but not exactly same.
I was told that, my case suppose to be denial, when I called to VSC cust. service and they took decision on 14th december and put it on hold again. Me or my attorney didnt get any notice yet.
did you findout from attorney that, he/she didnt receive any letter? my last LUDs were 14th and 15th december.Apply MTR immediately and pick a good lawyer before that.
Post the detials, once you receive notice.
kamvp
we too had a LUD change on 12/14,12/15,12/16
i applied for EAD and AP renewal online on 12/14.
so we thought that LUD change was due to that.
and moreover i had my fingerprinting and photo taken at local office on dec24.
for e-filed EAD.
now the LUD shows dec 24.
my husband is the primary...if his i485 was denied on dec.16....iam not sure how they allowed me to do the EAD e-file followup on dec24
when i spoke to the VSC rep. today i too was told that a letter was mailed on dec16. i haven't got it till now. but no message was told regd. the mail.
my husband is trying to contact the lawyer..But can't reach her.no replies for mails too...
will post the details once we get it.
thanks.
we too had a LUD change on 12/14,12/15,12/16
i applied for EAD and AP renewal online on 12/14.
so we thought that LUD change was due to that.
and moreover i had my fingerprinting and photo taken at local office on dec24.
for e-filed EAD.
now the LUD shows dec 24.
my husband is the primary...if his i485 was denied on dec.16....iam not sure how they allowed me to do the EAD e-file followup on dec24
when i spoke to the VSC rep. today i too was told that a letter was mailed on dec16. i haven't got it till now. but no message was told regd. the mail.
my husband is trying to contact the lawyer..But can't reach her.no replies for mails too...
will post the details once we get it.
thanks.
