tsc_ka_mara
Registered Users (C)
Congratulation LongGC,
Well done
Well done
Who is coming for party?
- Thread starter longGC
- Start date
485Alcatraz
Registered Users (C)
Congrats LongGC
Thats one for the good guys.
Thats one for the good guys.
i guessed on july 11, it was not bad shot
con ... con ... con ... congratulation !! LongGC budy !!!
you really deserve it !! i really do not supprised because from day one when you got trouble, i believe you will get that plastic card anyway, but as i said before, that is the way ins gives us cards.
I am so happy today, hopefully we will find someway to celebrate it
con ... con ... con ... congratulation !! LongGC budy !!!
you really deserve it !! i really do not supprised because from day one when you got trouble, i believe you will get that plastic card anyway, but as i said before, that is the way ins gives us cards.
I am so happy today, hopefully we will find someway to celebrate it
Thanks again to all. I feel the happiness in air...
spartakus,
The answer to your question,
Once the 485 is denied this is what happens,
1. If you do not have H visa, you are out of status. You have basically 10 days to leave the country.
2. Your EAD is invalid. You can not work.
3. Your AP is invalid too.
You get 30 days to appeal the case. If you appeal within the specified time limit then,
1. Your status becomes the same as that was before denial. ( 485 adjustee)
2. Your EAD is valid and you can work.
3. Your AP is valid.
But all this until DECISION of your appeal is made. If the appeal is denied then you loose everything. If it is considered then you are back on track. Your status becomes 485 adjustee.
----
In my case, I had already exhausted my H 6 years. I had not extended into 7th year as I was working on EAD. ( My second EAD at that time, surprisingly I had applied for third EAD and it got approved 2 weeks after my case was denied!!!!!! I guess, I was just LUCKY. God showed some mercy there.)
My case was denied and I had no clue. I was looking for a job but it was slow economy. Unlike todays time where you get an e-mail notification, I was not aware of denial. I had not anticipated and was not checking my on-line status. The denial letter went to my comany lawyer but it sat there for 18 days. The lawyer did not inform me as I was not working for the company. They forwarded the letter to my company and when I received the bad news, 22 days had passed. I had basically only 8 days to appeal.
I called lawyer and he told me that only I-140 is revoked and if we reinstate that I-485 would be too. The lawyer confused me by saying that since I had amended I-140, the former I-140 was revoked. But that was not the case. Later I realized that I am in deep trouble. For next 2 days I called nealry 10 different top lawyers. Many had different views. I took the common denominator and appealed. It was done in a hurry within 2 days. I was lucky that I had found job in the same period. It was same as my LC so I could attach all relevant documents. I mailed my appeal, Motion to Reopen (MTR) case on the 30 th day. I cited AC21 Section 106 C as reference to appeal.
Ironically, AC21 memo was not out yet. In Aug 2004 AC21 memo was released officially. Had my lay-off happened after Aug 2004 then I would have been safe. AC21 says that if case needs to be denied then the officer has to send NOID-Notice of Intent to Deny before he can deny the case. Then the burden of proof lies on adjustee. But I was not lucky there. My case was denied out right as AC21 memo was not released.
During this time I could not take unemployment insurance. I had planned to go full time for studies and finish my masters (which I was doing part time). However, I could not attend school as I was totally devoted to reinstating my status. I had to withdraw as exams were due and if I had not withdrawn I would fail and be terminated from school too. Later, I realized that I could not have done full time studies as my GC is based on employment. No employment, no GC.
So every plan went out of window. But I survived.
My third EAD expired on June 10. I was hoping an approval before that. I had e-filed EAD in March 04 but I was lucky that it was approved in first week of June 04.
I know the value of my GC because I paid a lot for it....
spartakus,
The answer to your question,
Once the 485 is denied this is what happens,
1. If you do not have H visa, you are out of status. You have basically 10 days to leave the country.
2. Your EAD is invalid. You can not work.
3. Your AP is invalid too.
You get 30 days to appeal the case. If you appeal within the specified time limit then,
1. Your status becomes the same as that was before denial. ( 485 adjustee)
2. Your EAD is valid and you can work.
3. Your AP is valid.
But all this until DECISION of your appeal is made. If the appeal is denied then you loose everything. If it is considered then you are back on track. Your status becomes 485 adjustee.
----
In my case, I had already exhausted my H 6 years. I had not extended into 7th year as I was working on EAD. ( My second EAD at that time, surprisingly I had applied for third EAD and it got approved 2 weeks after my case was denied!!!!!! I guess, I was just LUCKY. God showed some mercy there.)
My case was denied and I had no clue. I was looking for a job but it was slow economy. Unlike todays time where you get an e-mail notification, I was not aware of denial. I had not anticipated and was not checking my on-line status. The denial letter went to my comany lawyer but it sat there for 18 days. The lawyer did not inform me as I was not working for the company. They forwarded the letter to my company and when I received the bad news, 22 days had passed. I had basically only 8 days to appeal.
I called lawyer and he told me that only I-140 is revoked and if we reinstate that I-485 would be too. The lawyer confused me by saying that since I had amended I-140, the former I-140 was revoked. But that was not the case. Later I realized that I am in deep trouble. For next 2 days I called nealry 10 different top lawyers. Many had different views. I took the common denominator and appealed. It was done in a hurry within 2 days. I was lucky that I had found job in the same period. It was same as my LC so I could attach all relevant documents. I mailed my appeal, Motion to Reopen (MTR) case on the 30 th day. I cited AC21 Section 106 C as reference to appeal.
Ironically, AC21 memo was not out yet. In Aug 2004 AC21 memo was released officially. Had my lay-off happened after Aug 2004 then I would have been safe. AC21 says that if case needs to be denied then the officer has to send NOID-Notice of Intent to Deny before he can deny the case. Then the burden of proof lies on adjustee. But I was not lucky there. My case was denied out right as AC21 memo was not released.
During this time I could not take unemployment insurance. I had planned to go full time for studies and finish my masters (which I was doing part time). However, I could not attend school as I was totally devoted to reinstating my status. I had to withdraw as exams were due and if I had not withdrawn I would fail and be terminated from school too. Later, I realized that I could not have done full time studies as my GC is based on employment. No employment, no GC.
So every plan went out of window. But I survived.
My third EAD expired on June 10. I was hoping an approval before that. I had e-filed EAD in March 04 but I was lucky that it was approved in first week of June 04.
I know the value of my GC because I paid a lot for it....
greenpencil
Registered Users (C)
Congratulations LongGC. Everyone are so happy for you. As you can see the whole board are celebrating. Take care and have a great life.
Congrats, LongGC!
So happy for you... Even though we did not have to go through the torture you went through, but we waited about the same length of time. We filed our I485 on 5/31/01 and got a RFE on 1/21/04. I just got an email an hour ago saying that our case has been approved. So I guess I can say I know how you feel now.
So now let's enjoy our freedom!!!
So happy for you... Even though we did not have to go through the torture you went through, but we waited about the same length of time. We filed our I485 on 5/31/01 and got a RFE on 1/21/04. I just got an email an hour ago saying that our case has been approved. So I guess I can say I know how you feel now.
So now let's enjoy our freedom!!!
140_takes_4ever
Registered Users (C)
Congratulations! LOOOOooooooooOOOOOnG time coming.
LOOOOooooooooOOOOOnG time coming. whats_in_name
Banned
Congratulations!! longGC