What happens after 485 denied?

G

GCProzac

New Member
Hi, sorry to post such depressing question among a forum of optomists, but I have a theoretical question and I don't understand the laws about this.

My 140 is approved. Wife and I have applied for 485 (2 years ago). Since applying we have had children born here. I've read and searched the forums and haven't found much information about this.

If 485s are denied (one or other or both), and EADs and APs become immediately invalidated, and we choose not to appeal, how long can one take to leave the country? Given that one needs to settle debts, sell their house, obtain other travel documents and citizenship for children, etc., is there some sort of time limit to wrap one's affairs and go?

I'm being an extreme pessimist here - there is every chance of 485s being approved, but I live by 'hope for the best, prepare for the worst', perhaps simply rooted in a fear of the unknown (like the USCIS decision making system!) We do not have anything serious like criminal past, arrests or anything like that.

You may ask why I would believe our 485s might be denied. Well, there is an old period of time where our status might have been questionable. From what I know, the 245 provisions do not help us because of the specific dates and length. It is not a case of gaps in valid I94s.

We may just decide that if denied, we are too exhausted to fight for another number of years and simply go back home. And we would want to do so in a clean way.

Again, sorry if I am bringing down the crowd here. It's just bugging me.

- GCP
 
GCProzac said:
Hi, sorry to post such depressing question among a forum of optomists, but I have a theoretical question and I don't understand the laws about this.

My 140 is approved. Wife and I have applied for 485 (2 years ago). Since applying we have had children born here. I've read and searched the forums and haven't found much information about this.

If 485s are denied (one or other or both), and EADs and APs become immediately invalidated, and we choose not to appeal, how long can one take to leave the country?
------ you can file Motion to reconsider and if denied then can go for appeal
Given that one needs to settle debts, sell their house, obtain other travel documents and citizenship for children, etc., is there some sort of time limit to wrap one's affairs and go?
----- file Motion to reconsider or Motion to reopen, it gives you enough time.
Why are you worried that your I-485 will be denied??????
I'm being an extreme pessimist here - there is every chance of 485s being approved, but I live by 'hope for the best, prepare for the worst', perhaps simply rooted in a fear of the unknown (like the USCIS decision making system!) We do not have anything serious like criminal past, arrests or anything like that.
------ Stop worring OR search for the meaning of PARANOIA
You may ask why I would believe our 485s might be denied. Well, there is an old period of time where our status might have been questionable. From what I know, the 245 provisions do not help us because of the specific dates and length. It is not a case of gaps in valid I94s.
----- you must clear this, then only someone can shed more light on your case or go to good lawyer and sort out the things and find your options

We may just decide that if denied, we are too exhausted to fight for another number of years and simply go back home. And we would want to do so in a clean way.

Again, sorry if I am bringing down the crowd here. It's just bugging me.

- GCP
Click to expand...
 
While all the advices sound good, what they imply is more indefinite waiting and feeding cash to lawyers and the IRS. Motion-shmotion; you can spend you life (or the best part of it) getting that resident status.

Have a contingency plan--there is the world outside of the US.

Keeping people is suspense for so long is inhumane (violation of the 8th?)

Disco
 
DiscoDancer485 said:
While all the advices sound good, what they imply is more indefinite waiting and feeding cash to lawyers and the IRS. Motion-shmotion; you can spend you life (or the best part of it) getting that resident status.
----Nobody forced you to come to US, nobody forces you to pay to lawyers. you can go back any time
Have a contingency plan--there is the world outside of the US.

Keeping people is suspense for so long is inhumane (violation of the 8th?)
----- file a case agains them
Disco
Click to expand...
 
ginnu:While all the advices sound good, what they imply is more indefinite waiting and feeding cash to lawyers and the IRS. Motion-shmotion; you can spend you life (or the best part of it) getting that resident status.
----Nobody forced you to come to US, nobody forces you to pay to lawyers. you can go back any time
Have a contingency plan--there is the world outside of the US.

Keeping people is suspense for so long is inhumane (violation of the 8th?)
----- file a case agains them


Disco: So, what you're saying, Ginnu, is that everything is all right, no problems, no question, no desperation, no unreasonable time-frames for processing of aplication. Do you read postings on this board?!

People get ill-treated by the CIS--disagree?! There is a world of a difference in how one's treated eveywhere else in the US and by the CIS.

Your honky-dory attitude is out of sync with the reality.

Disco
 
Conisder an option of getting Canada PR, forget your job search for one year....apply H1B again after one year from Canada or you may get your GC after "Motion-to-reopen or whatever ", otherwise start your GC fresh..

In a nutshell, possibility of working in US increases when you live in Canada instead of going back to India.
 
Need Help..EAD / 485 Denied... what to do?

Ginnu and other Gurus,

I got a notice from USCIS stating that my EAD renewal ( I-765) was denied because the underlying 485 was denied. I haven't todate received any 485 denial notice from USCIS yet. My status online for both EAD and 485 stil shows as application received and this case can take xxx days . My AP was approved on June 8th and the last updated date for my 485 and 765 shows up as 06/26/04 and 07/05/04 respectively. I am presently on my 7th year H1.

My 485 ( non concurrent, I-140 approved in Feb 2002) case is pretty simple/ straight forward but for two exceptions.

1. Labor substitution

2. I couldn't do my FP2 as per notice, but had requested FP - ASC for a reschedule to couple of months down the line. ASC had written back asking me to write to VSC for a reschedule, which I had done, but hadn't heard anything from VSC on that.

My attorney is an inhouse one for my employer and is not familiar with dealing with out of the norm cases. Would be grateful if any of you can shed some light on what to do ??

a) Is it the standard that denials are never updated as such on the USCIS website / phone ?? any hope left there..

b) How to get denial notice since I haven't got one w/o which I can't know why it was denied ??

c) Motion to reopen/ Appeal - Are these one and the same ? How to go about it? Is there a form or any info avail as to how to go about motion to reopen?? How soon can I expect to receive a response on this?

d) Status of my 7th year H1 , if 485 is denied?

e) Is it me, the beneficiary or the petitioner ( employer) who has the right to file motion to reopen/ Appeal ? Can I go about this with any attorney w/o employer's assistance.

Please share your thoughts and lend me a helping hand..

Thanks,
-solicit
 
Hi!
Here is my case details..
Please advise me. i want to know what will be my situation
Filed 140 in december,2003 and VSC. not yet 140 approved.
My case details are
My H1 transfer is rejected in 2002, i was out of status then.
I left the country and came back after 8 months

will there be a problem in Adjustment of status.
replies is appreciated

thanks
 
solicit said:
Ginnu and other Gurus,

I got a notice from USCIS stating that my EAD renewal ( I-765) was denied because the underlying 485 was denied. I haven't todate received any 485 denial notice from USCIS yet. My status online for both EAD and 485 stil shows as application received and this case can take xxx days . My AP was approved on June 8th and the last updated date for my 485 and 765 shows up as 06/26/04 and 07/05/04 respectively. I am presently on my 7th year H1.
------ you need to hire good lawyer
My 485 ( non concurrent, I-140 approved in Feb 2002) case is pretty simple/ straight forward but for two exceptions.

1. Labor substitution

2. I couldn't do my FP2 as per notice, but had requested FP - ASC for a reschedule to couple of months down the line. ASC had written back asking me to write to VSC for a reschedule, which I had done, but hadn't heard anything from VSC on that.
-------that may be the reason not going for FP second time. did you have any proof that you resduled FP? if YES go to lawyer
My attorney is an inhouse one for my employer and is not familiar with dealing with out of the norm cases. Would be grateful if any of you can shed some light on what to do ??
------ Hire your own lawyer who only does not fill up forms
a) Is it the standard that denials are never updated as such on the USCIS website / phone ?? any hope left there..
------ USCIS sends denieal notice to your lawyer who filed I-485, did you check with him?
b) How to get denial notice since I haven't got one w/o which I can't know why it was denied ??
------Hire your own lawyer
c) Motion to reopen/ Appeal - Are these one and the same ? How to go about it? Is there a form or any info avail as to how to go about motion to reopen?? How soon can I expect to receive a response on this?
---Hire your own lawyer and discuss your case details
d) Status of my 7th year H1 , if 485 is denied?
----- 7th year H1 will be Valid if it has been approved even if I-485 denied
e) Is it me, the beneficiary or the petitioner ( employer) who has the right to file motion to reopen/ Appeal ? Can I go about this with any attorney w/o employer's assistance.
----I-485 belongs to YOU, you have to file motion to reopen/ Appeal
*** you could get other views if you post it as new post in the thread.
Click to expand...
 
Last edited by a moderator:
nag234 said:
Hi!
Here is my case details..
Please advise me. i want to know what will be my situation
Filed 140 in december,2003 and VSC. not yet 140 approved.
My case details are
My H1 transfer is rejected in 2002, i was out of status then.
I left the country and came back after 8 months
----- after you left the US and came back you are in status, I dont know your full details, better to seek advice from good lawyer
will there be a problem in Adjustment of status.
----I dont think so becase at this time you are in status, if you were out of status for less than 6 months then you may be eligible foe 245(k) if your LC was filed before April 30, 2001 then you may be eligible for 245(i), discuss your case with full details with good lawyer
replies is appreciated

thanks
Click to expand...
 
ginnu,
thanks
i came here on Company A H1 but i didn't worked with Company A. shifted to company B and H1 transfer is rejected . After knowing the rejection(came to know 4 months after applied) ,i went back to india.
i applied once again with company C and transferred the H1. this time i got approved.
now iam working with company D, which applied for my GC process.

now company D is giving some problems after applying the GC.
Iam thinking of changing the company but i don't know what will be situation before and after changing the company.
i will change the company after 180 days of 140 approval.
Don't know what happens to my 140.
thanks
 
nag234 said:
ginnu,
thanks
i came here on Company A H1 but i didn't worked with Company A. shifted to company B and H1 transfer is rejected . After knowing the rejection(came to know 4 months after applied) ,i went back to india.
i applied once again with company C and transferred the H1. this time i got approved.
now iam working with company D, which applied for my GC process.

now company D is giving some problems after applying the GC.
Iam thinking of changing the company but i don't know what will be situation before and after changing the company.
i will change the company after 180 days of 140 approval.

----- if you change AFTER I-140 APPROVAL AND I-485 pending more than 180 days then you will be safe to use AC21
Don't know what happens to my 140.

---if I-140 approved and I=485 pending more than 180 days and you find new job in same/similar field then past employer cannot revoke the approvedI-140
thanks
Click to expand...
 
after I-485 denied

Can you file another I-140 sponsored by another employer and start over again?
 
Last edited by a moderator:
Can I file a new 485 with the same approved I-140?

Ginnu & others,

Thanks for your help and guidance. I am still waiting for denial letter and in the meanwhile trying out all possible means to get hold of the denial letter. Have a few Qs which you might be able to help me with.

1) Now that my I-485 is denied, Is it possible for me to file a new I-485 based on the same I-140. My I-140 was approved in Feb 2002.

2) Does the denial of I-485 in anyway invalidate the I-140 as well ?

3) Would it be better for me to proceed with a new I-485 as well as a motion to reconsider at the same time.

Please share your thoughts and experiences and guide me on the issue.

-solicit
 
why they reject 485 funny.. why can't they reject at earlier 2 stages.. reaching upto 485 takes years n years of time and then they reject.. man us is a land of slavery for legal imigrants or aliens as they call.
 
Sorry to hear that

solicit said:
Ginnu & others,

Thanks for your help and guidance. I am still waiting for denial letter and in the meanwhile trying out all possible means to get hold of the denial letter. Have a few Qs which you might be able to help me with.

1) Now that my I-485 is denied, Is it possible for me to file a new I-485 based on the same I-140. My I-140 was approved in Feb 2002.

2) Does the denial of I-485 in anyway invalidate the I-140 as well ?

3) Would it be better for me to proceed with a new I-485 as well as a motion to reconsider at the same time.

Please share your thoughts and experiences and guide me on the issue.

-solicit
Click to expand...

What is the reason for denial?
 
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