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Which attorney would you recommend for a 485 denial case?
- Thread starter gxr
- Start date
TheRealCanadian
Volunteer Moderator
Depends on the reason for the denial, I would think. Why was it denied?
What is the message in email from USCIS??Dont have the reason yet. Waiting for the letter. Justgot the email.
Can't think of any reasons as of now. Always been in status, changes jobs 7 months after filing 485, etc..
Denial Notice Sent
Receipt Number: LINXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Denial Notice Sent
On May 5, 2008, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the May 5, 2008, please call customer service at 1-800-375-5283 for further assistance.
Receipt Number: LINXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Denial Notice Sent
On May 5, 2008, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the May 5, 2008, please call customer service at 1-800-375-5283 for further assistance.
Receipt Number: LINXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Denial Notice Sent
On May 5, 2008, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the May 5, 2008, please call customer service at 1-800-375-5283 for further assistance.
wait for the reason on Denial Notice . if lawyer filed her I-485 then notice will go to Lawyer.
What reason do you suspect for denial ?
Can't think of any reason.
She quit her job 7 months after filing 485.
I-140 was approved.
Never out of status.
Not sure what's going on.
Only thing I suspect is the cancellation of H1 by old employer. THis may have triggered something. We didn't invoke AC21 explicitly. Maybe USCIS thought she was not employed currently.
She quit her job 7 months after filing 485.
I-140 was approved.
Never out of status.
Not sure what's going on.
Only thing I suspect is the cancellation of H1 by old employer. THis may have triggered something. We didn't invoke AC21 explicitly. Maybe USCIS thought she was not employed currently.
---------------Can't think of any reason.
She quit her job 7 months after filing 485.
I-140 was approved.
Never out of status.
Not sure what's going on.
Only thing I suspect is the cancellation of H1 by old employer.
------- H1 cancellation dont ssem to be problem she was AOS pending and that is the reason many advice to join new employer with H1 transfer. May be her employer Revoked her I-140 before her pending I-485 hit 180 days
THis may have triggered something. We didn't invoke AC21 explicitly.
Maybe USCIS thought she was not employed currently.
------------- May be USCIS did not find new Permanent Job offer letter at the time when looked her I-485 file and in such case they ask for job offer letter. wait for the letter. if the past company lawyer filed her I-485 then letter will go to him if she had not changed Lawyer
Are you on H1 ? then file h4 for her
Talk to attorney and file h4 for her if thats an option.
See if you can reach united nations (nadeem) on this one.
He is the best.
Can't think of any reason.
She quit her job 7 months after filing 485.
I-140 was approved.
Never out of status.
Not sure what's going on.
Only thing I suspect is the cancellation of H1 by old employer. THis may have triggered something. We didn't invoke AC21 explicitly. Maybe USCIS thought she was not employed currently.
Talk to attorney and file h4 for her if thats an option.
See if you can reach united nations (nadeem) on this one.
He is the best.
Finally got the reason
OK, I got my reason for denial.
"Service records indicate that Form I-140, Immigrant Petition for Alien Worker which was filed on your behalf on mm/dd/yy has been revoked. Therefore, you are in eligible to adjust your status, as you are not the beneficiary of a valid unexpired visa petition.
In the light of the above, this application must be and hereby is denied.
The regulations do not provide for an appeal to this decision."
485 was filed during the July 07 mad rush. Quit job 7 months after 485 was filed. I-140 was approved.
Do I have a strong case for a Motion to Reopen ?
OK, I got my reason for denial.
"Service records indicate that Form I-140, Immigrant Petition for Alien Worker which was filed on your behalf on mm/dd/yy has been revoked. Therefore, you are in eligible to adjust your status, as you are not the beneficiary of a valid unexpired visa petition.
In the light of the above, this application must be and hereby is denied.
The regulations do not provide for an appeal to this decision."
485 was filed during the July 07 mad rush. Quit job 7 months after 485 was filed. I-140 was approved.
Do I have a strong case for a Motion to Reopen ?
OK, I got my reason for denial.
"Service records indicate that Form I-140, Immigrant Petition for Alien Worker which was filed on your behalf on mm/dd/yy has been revoked. Therefore, you are in eligible to adjust your status, as you are not the beneficiary of a valid unexpired visa petition.
In the light of the above, this application must be and hereby is denied.
The regulations do not provide for an appeal to this decision."
485 was filed during the July 07 mad rush. Quit job 7 months after 485 was filed. I-140 was approved.
Do I have a strong case for a Motion to Reopen ?
When did compnay sent revoke letter?
DesiVidesi
Registered Users (C)
Do I have a strong case for a Motion to Reopen ?
From the details that you've provided, she should be covered under AC21 provisions. i.e Approved I-140 and changed job 180 days past I-485 receipt date (please confirm this).
Is it possible that her ex-employer revoked I-140 before 180 days was completed ?
Also in cases of I-140 revokation, a NOID (Notice of Intent to Deny) should've been issued which gives the petitioner 30 days to provide evidence that he/she, a) Is employed with another company on either H1-B or EAD b) The job description is same or similar as that of the Labor petition (Job title does not matter) c) The wages in the new job are same or over that of the Labor petition.
I'd suggest you to hire an attorney ASAP and take his/her advice. Time is of the essence and you need to act fast.
From the details that you've provided, she should be covered under AC21 provisions. i.e Approved I-140 and changed job 180 days past I-485 receipt date (please confirm this).
Is it possible that her ex-employer revoked I-140 before 180 days was completed ?
Yes, Approved I140. Changed jobs after 200+ days of 485 receipt date.
Employer claims that he canceled H1 , but did not revoke I140. This happened after 200+ days of filing 485.
AC21 was not explicitly invoked on my part. That's one flaw I can see at my end.
Is it possible that her ex-employer revoked I-140 before 180 days was completed ?
Yes, Approved I140. Changed jobs after 200+ days of 485 receipt date.
Employer claims that he canceled H1 , but did not revoke I140. This happened after 200+ days of filing 485.
AC21 was not explicitly invoked on my part. That's one flaw I can see at my end.
DesiVidesi
Registered Users (C)
AC21 was not explicitly invoked on my part. That's one flaw I can see at my end.
That is not a flaw. There is no rule that states that one should inform USCIS about using AC21. In fact several attorney's advise not to inform as providing documentation causes more delays.
I too haven't sent any papers about using AC21. But I did take the following steps,
1) Changed my attorney using G-28 a few days before I resigned.
2) Collected an Employment Verification Letter from my new company on company letter-head stating my joining date, my job title, job description and wages.
3) Kept all documents such as recent pay-stubs, copy of I-140 approval, I-485 receipt copy, EAD copy ready in a folder to be sent in case I get any NOID or RFEs.
USCIS directives about AC21 - Also known as Yates Memo,
www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Last edited by a moderator:
From the details that you've provided, she should be covered under AC21 provisions. i.e Approved I-140 and changed job 180 days past I-485 receipt date (please confirm this).
Is it possible that her ex-employer revoked I-140 before 180 days was completed ?
Yes, Approved I140. Changed jobs after 200+ days of 485 receipt date.
Employer claims that he canceled H1 , but did not revoke I140. This happened after 200+ days of filing 485.
AC21 was not explicitly invoked on my part. That's one flaw I can see at my end.
"Service records indicate that Form I-140, Immigrant Petition for Alien Worker which was filed on your behalf on mm/dd/yy has been revoked. Therefore, you are in eligible to adjust your status, as you are not the beneficiary of a valid unexpired visa petition.In the light of the above, this application must be and hereby is denied.
The regulations do not provide for an appeal to this decision."
----------------------It means the employer or Employer lawyer REVOKED the I-140 by sending letter to USCIS and the USCIS Recieved the latter Before her I-485 pending hit 180 days. FYI the The date on employer letter to revoke is counted and not the day USCIS got this letter from employer or Lawyer.
As per your info the employer revoked H1 by writing to USCIS and it seems employer is not telling the truth and he also revoked the I-140
OK, I got my reason for denial.
"Service records indicate that Form I-140, Immigrant Petition for Alien Worker which was filed on your behalf on mm/dd/yy has been revoked. Therefore, you are in eligible to adjust your status, as you are not the beneficiary of a valid unexpired visa petition.
In the light of the above, this application must be and hereby is denied.
The regulations do not provide for an appeal to this decision."
485 was filed during the July 07 mad rush. Quit job 7 months after 485 was filed. I-140 was approved.
Do I have a strong case for a Motion to Reopen ?
----------------No you dont have strong case for Motion to reopen as the I-485 has no approved I-140 according to USCIS. Can you get a letter from Employer or Company lawyer stating that they have not requested to revoke the I-140 by writing to USCIS. Can the employer write letter to USCIS that he never requested to revoke the Approved I-140 Reciept #... Approval #.....for Name.... Dob...??
While it is possible that the employer may have revoked the I-140, it should have still happened well after 180 days, since the notice to the employer was given after ~195 days. Employer may have canceled the H1 and revoked the I-140, but this should have happened after the stipulated 6 month time frame of filing the 485. To me this looks like a clear USCIS error.
ginnu,
Thanks for analyzing this. Really appreciate this.
Three scenarios I can think of:
Scenario 1:
Employer revoked I-140 after 195 days, Canceled H1 after 195 days.
USCIS denied 485, in spite of this fact. Agreed there is no I-140 now, but seems like a USCIS error, since revoking the 140 after 195 days shouldnt have any effect.
Is there a case for MTR here ?
Scenario 2:
Employer canceled H1 after 195 days, did not revoke I-140. USCIS thinks employer revoked I-140 and denied the 485. Employer can provide with a letter that he did not revoke the I140.
Is there a case for MTR here ?
Scenario 3:
Employer canceled H1 after 195 days, but revoked 140 within 180 days.
I guess there may not be a case for MTR here, although there is no motivation for the employer to revoke 140 as we didnt show any intent of leaving the company after the EAD.
gxr
Thanks for analyzing this. Really appreciate this.
Three scenarios I can think of:
Scenario 1:
Employer revoked I-140 after 195 days, Canceled H1 after 195 days.
USCIS denied 485, in spite of this fact. Agreed there is no I-140 now, but seems like a USCIS error, since revoking the 140 after 195 days shouldnt have any effect.
Is there a case for MTR here ?
Scenario 2:
Employer canceled H1 after 195 days, did not revoke I-140. USCIS thinks employer revoked I-140 and denied the 485. Employer can provide with a letter that he did not revoke the I140.
Is there a case for MTR here ?
Scenario 3:
Employer canceled H1 after 195 days, but revoked 140 within 180 days.
I guess there may not be a case for MTR here, although there is no motivation for the employer to revoke 140 as we didnt show any intent of leaving the company after the EAD.
gxr
Another question?
Will Cancellation of the H1 automatically trigger a revocation of I-140 ?
Btw, I noticed that the DECISION letter states:
"This refers to the Immigrant petition for Alien Worker you filed on behalf of XXXXXX YYYYY on mm/dd/yy and which was approved on mm1/dd1/yy1."
The approval date is incorrect on the letter. The filing date is correct. Approval date is completely off.
Will Cancellation of the H1 automatically trigger a revocation of I-140 ?
Btw, I noticed that the DECISION letter states:
"This refers to the Immigrant petition for Alien Worker you filed on behalf of XXXXXX YYYYY on mm/dd/yy and which was approved on mm1/dd1/yy1."
The approval date is incorrect on the letter. The filing date is correct. Approval date is completely off.