Would you please explain the below deniel letter?

[k93157]

Hi Gurus,

I am confused by the below deniel letter from USCIS. Would you please tell me what this means?

I applied for my 140 in on Sep 9th 2005 from VSC. (EB2 with my own labor). On Sep 23, 2005 I applied for 485 with the receipt notice of 140 application.

I received EAD, AP in Nov 2005.

There was an RFE on my 140 in Dec last week.

The company responed to the RFE 5 weeks back.

Today I received a letter as given below

Dear XXXXXXX
On September 23, 2005, you filed an application to register permanent residence to Adjust Status (Form 1-485) under section 245 of the Immigration and Nationality Act.

Title 8, Code of Federal Regulations, in part 245.2(a)(2)(i) states:

Before an application for adjustment of status under section 245 of the Act may be considered properly file, a visa number must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has been approved. If an employment based petition filed for classification under section 203(b)(1),(2), or (3) of the Act is submitted simultaneously with the adjustment application, the adjustment application shall be retained for processing only if approval of the visa petition would make a visa immediately available at the time of filing the adjustment application. If the visa petition is subsequently approved, the date of filing the adjustment application shall be deemed to be the date on which the accompanying petition was filed.

The immigrant visa petition filed on your behalf by "YYYYYY, Inc" was denied.

Absent evidence that are entitled to any other immigrant classification, your application must be, and hereby is denied.

The regulation do not provide for an appeal from this decision.

 

[srsjith]

Hi,
Don;t worry. Some guys in VSC does not have even a clue what they are doing.

I had to go throught a similar situation few months ago. I filed my 140 and 485 together around the end of Sep 2005. Some how when they looked at my 485, they could not locate my 140 and they immediately send me some crap like this.

My attorney immediately contacted them and they assured that an enquiry will be conducted. All their discussion was just over the phone, as I understand. After around 50 days, my 485 status changed saying "After a BCIS motion they reopend my case". Again we never opened a BCIS motion for this. It was because of mixup in their facility and they just corrected whatever mistake they did.

But IT IS IMPORTANT for your attorney to call them and initiate and enquiry.

By the way, did you get your 140 approved?

Good luck.

srsjith

 

[k93157]

Thanks for the reply

By the way, did you get your 140 approved?

---No It is NOT approved yet...

K93157

 

[theajayusa]

Thanks for the reply

By the way, did you get your 140 approved?

---No It is NOT approved yet...

K93157

Hai,

What is your RFE details? That may be helpful if some wants to help you.

aj

 

[checkmate]

k93157 - Denial could be late reply for 140/

U mentioned that the RFE was responded around 5 weeks back it means sometime in April, right. The RFE dates was in month of Dec. Generally INS provides 90 days to respond to RFE(Issues in Dec 2005) and that could be the reason that they denied all of your applications. Can you please let me know what was the RFE all about?