I-485 denial notice not received after 4 months

[ilikekilo]

hey sorry that u have to go thru this ordeal..but per ur last visit I highly suspect that its a mistake...keep us posted...I think U will be fine per the discussion as of your last visit....

[ilikekilo]

Originally Posted by vshar

Folks,
Here is my long story.
I-485 filed on 08/13/2007 (July Fiasco)
I-140 approved on 03/18/2008. (It has not been revoked by ex-employer)
Started working on EAD on 06/02/2009. EAD valid till 05/21/2009.
Sent AC-21 form on 12/30/2008 which was received by USCIS on 01/06/2009.
H1-B valid till 05/04/2009 (sixth year).

On 01/01/2009 I received email from CRIS saying my I-485 has been denied. Since then I have been calling USCIS every 15 days. Sometimes they open a new SR or escalate the SR but of no avail. I have been to local office of USCIS and they have also been saying they have opened the SR and I should wait for 30 days to get the denial notice. I am receiving mails from USCIS saying they are working on my case and they have requested my file but neither I nor my attorney received the much awaited denial notice.
I wrote to Ombudsman (Form 7001 requesting the reason of denial of my I-485) on 03/17/2009 and I received a response from ombudsman office on 04/15/2009 stating:
“We have researched your case to determine the status of your Forms I-485 applications. USCIS cannot process your Forms I-485 until a visa number is available with the U.S. Department of State (DOS). The DOS is the entity that controls the issuance of visa numbers and has the responsibility of publishing visa bulletins.
Currently, the DOS is processing cases received on or before November 1, 2001, for the Employment-Based 3rd Preference, India. Your priority date is July 27, 2006.”
I also Filed G-635(FOIA) as suggested by IO at local office to get denial reason on 03/18/2009 but no response yet.
On 03/19/2009 I applied for extension of my EAD and received the denial notice on 04/28/2009 saying my I-485 has been denied hence cannot get EAD.
I have already applied for the extension of my H1-B visa (with the old employer) and hopefully I will get it before expiry of sixth year.
Yesterday, I called USCIS again and requested them for denial notice. The CSR said my I-485 has been assigned to a IO on /04/15/2009 and one system shows it is denied and other system shows it is pending ( Never knew USCIS has two different systems).
As per my lawyer I have 180 days to stay in this country after my I-485 denial so I have to leave the country by 06/30/2009 and we cannot file MTR until we know the reason of denial.
I don’t know what else I can do. I have taken another infopass appointment for tomorrow and will update you folks on that.

U said
Sent AC-21 form on 12/30/2008 which was received by USCIS on 01/06/2009 and u recived an denial notice on 1/1/09, if this date is not a typo then based on the dates it has nothing to do with you AC 21 as this status changed even before they received AC21 docs, that too assuming taht your AC 21 reached ur file..( i sent mine too but God knows whether it reached my file or not)....I think U are fine...

[hopelessGC]

I am very sorry to hear your situation. It is unnecessary stress and anguish you have to go through every day after such a thing happens. I can imagine what you are going through. Just hang in there.

Your priority date is not even current and this happened. It is time for USCIS to be more responsible.

[ultimo]

Originally Posted by hopelessGC

I am very sorry to hear your situation. It is unnecessary stress and anguish you have to go through every day after such a thing happens. I can imagine what you are going through. Just hang in there.

Your priority date is not even current and this happened. It is time for USCIS to be more responsible.

After your i-485 is pending & the priority date is not current , how they can reject it.

have you changed your employer after filing i-485 .

Is it a mistake from uscis , or it happened to others also

[InTheMoment]

PD being current and rejection (or I-485 pre-adjudication) have absolutely no relation to each other !!

The only items in their Standard Operating Procedure they cannot do - when the PD is not current - is allocation of visa number from DoS, registering the applicant as PR and ordering the card.

Originally Posted by ultimo

After your i-485 is pending & the priority date is not current , how they can reject it.

have you changed your employer after filing i-485 .

Is it a mistake from uscis , or it happened to others also

[vshar]

Originally Posted by ultimo

After your i-485 is pending & the priority date is not current , how they can reject it.

have you changed your employer after filing i-485 .

Is it a mistake from uscis , or it happened to others also

I have read on various forums that ppl are getting RFEs even when PD is not current but did not hear straight denial.

Yes, I changed my employer in June 2008 and am using EAD which makes my situation more worse.

[ultimo]

vshar sorry to hear that , I think it will be a mistake from uscis.

To change employer UScis allows it , not only that chance to change employer is more if it takes 5 years for PD to be current.
Please post in the forum what happens, we all will pray for u