I-485 denied, need advice

[sks123]

Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK

[chikna]

Please complete your profile. I thought for once it's a spam.

[xyz0011]

What my feeling is they denied because you did not have approved H1B with Company A who filed your GC and I believe you also didn't have filed AC21 either. So USCIS was thinking you were still employed with Company A. But I am not a lawyer.

[sks123]

first thanks for your replies.
So point to is that when I came back to US I started working for company B whereas according to USCIS I should have continued to work with Company A...

Besides filing an MTR, can I file I-485 again? my I-140 is approved and my priority date is current..

I have an appointment with attorney on Monday, trying to understand all the points which I should discuss with him.

please reply back.

thanks again.

[number30]

first thanks for your replies.
So point to is that when I came back to US I started working for company B whereas according to USCIS I should have continued to work with Company A...

Besides filing an MTR, can I file I-485 again? my I-140 is approved and my priority date is current..

I have an appointment with attorney on Monday, trying to understand all the points which I should discuss with him.

please reply back.

thanks again.


No working for Company B is should not be problem to file I-485 from company A. People get the green card without having worked for companies with future job

Did your transfer got approved from Company B? that will decide your status.

[sks123]

yes I got H1B approved from company B...and i had no choice but to leave US for the new visa Stamp.
when i came back on sep 8th i'd new visa of Company B.

[chanduv23]

Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK

Was your MTR with company A ever approved? You mentioned that you worked for company A after denial and MTR though you had approval from company B.

As per my understanding, once h1b is denied you are not supposed to work with them.

What was the reason for h1b denial? It could be an issue with the employer too.

[sks123]

yes it was an issue with the employer.
so then i was noot working for the company A since my H1B was rejected in MTR too, i continued working for company B for which my h1B was approved.

[number30]

yes I got H1B approved from company B...and i had no choice but to leave US for the new visa Stamp.
when i came back on sep 8th i'd new visa of Company B.

That means you did not get I-94 attached with you approval notice. That Means H1B is approved but transfer is not. I guess that is what causing the issue. Their argument may be You were not on H1B until you returned.

[vbkris77]

Check with a lawyer, but here is my take. USCIS is right that when you left country after filing I485, you have abandoned that application. You need be in the country when the AP is approved. During the fiasco time, no one got their AP for about 4-6 months..

One option I can think of is to see if your company A can still offer the future job and file a fresh AOS.


Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK

[sks123]

no i didn't had i94 attached with company B's h1B approval but i'd a valid I94 of company P wich was my first employer.

[hpandey]

Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK

Looks like you were working with company A from Nov 2006 to at least July\August 2007 without having an H1 with company A since both your H1b application and MTR were denied. Maybe that has something to do with it too. Just a thought.

[sks123]

Looks like you were working with company A from Nov 2006 to at least July\August 2007 without having an H1 with company A since both your H1b application and MTR were denied. Maybe that has something to do with it too. Just a thought.

yes I was working with company A till Aug 2007 but at that time MTR was still pending. MTR was denied in Mar 2008.

[sks123]

Check with a lawyer, but here is my take. USCIS is right that when you left country after filing I485, you have abandoned that application. You need be in the country when the AP is approved. During the fiasco time, no one got their AP for about 4-6 months.. .

but i couldn't stayed in the country for AP (to get approved) 'coz i'd to leave within 180 days of time frame for the new visa stamp of company B since my h1B with company A got rejected. and i left in 170 days. i didn't had much time left to wait for AP.

[vbkris77]

So long you have AOS on file, you can stay in the country. You can only work when you have EAD.

but i couldn't stayed in the country for AP (to get approved) 'coz i'd to leave within 180 days of time frame for the new visa stamp of company B since my h1B with company A got rejected. and i left in 170 days. i didn't had much time left to wait for AP.

[number30]

but i couldn't stayed in the country for AP (to get approved) 'coz i'd to leave within 180 days of time frame for the new visa stamp of company B since my h1B with company A got rejected. and i left in 170 days. i didn't had much time left to wait for AP.

Is this 170 days is from start of the job or after Company A Rejection?
Just to caution you They can raise another issue that you applied I-485 when you were not in status.

[sks123]

So long you have AOS on file, you can stay in the country. You can only work when you have EAD.
thanks for the clarification.

so having h1b approval of company B while leaving the country doesn't matter?

what i got from all the replies is either i should have the AP or h1b approval of Company A while leaving the country.

[sks123]

Is this 170 days is from start of the job or after Company A Rejection?
Just to caution you They can raise another issue that you applied I-485 when you were not in status.

Company A applied I485 for future employment and we were having Company B's h1B approval with new I94 when Company A applied for I485. plus we were having valid I94of prev. company P too.

so were we still out of status?

[vbkris77]

AOS needs an AP for international travel. Even if you don't want to use it.

Otherwise it is considered to be abandoned. Now think of other options to get that AOS again on file if your date is current.


thanks for the clarification.

so having h1b approval of company B while leaving the country doesn't matter?

what i got from all the replies is either i should have the AP or h1b approval of Company A while leaving the country.

[sks123]

Otherwise it is considered to be abandoned. Now think of other options to get that AOS again on file if your date is current.
thanks,
yes our date is current but we r working for company C. So who can file the new AOS? Company A(who filed prev.) or our current Company C.

Company C lawyer is saying 'they can't file the new AOS, but they can file the new H1).

[number30]

AOS needs an AP for international travel. Even if you don't want to use it.

Otherwise it is considered to be abandoned. Now think of other options to get that AOS again on file if your date is current.

No. Not for everyone. As long as you have valid H/L visa you are fine. OP can go the CP. Even if files another I-485 now it can be a problem.

FREQUENTLY ASKED QUESTIONS/AP FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/AP_FAQ)

The following individuals, who have a pending application for adjustment of status, may depart the United States without an advance parole document and without having their adjustment-of-status application considered abandoned:

Individuals in H-1B (Specialty Workers) and L-1 (Intracompany Tranferee) status, and their dependents (H-4 and L-2), who maintain their status and possess valid visas;
Individuals in V-2/3 visa status who maintain valid V nonimmigrant status and possess a valid V visa or who will obtain a V visa before applying for readmission to the United States;
Individuals in K-3/4 nonimmigrant status who have maintained their status and possess a valid nonimmigrant visa or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the United States. (Note: Upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to be eligible for that status.)
Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for an advance parole document.
In certain circumstances applicants for other immigration benefits, such as under NACARA, HRIFA, or Temporary Protective Status, may be able to obtain an advance parole document.

[number30]

thanks,
yes our date is current but we r working for company C. So who can file the new AOS? Company A(who filed prev.) or our current Company C.

Company C lawyer is saying 'they can't file the new AOS, but they can file the new H1).

Company which filed your Labor. But before filing try to get on H1B. Think about consular Processing option.