wrongful denial by CIS and PD is current

[pro]

Dear IV please help .

Could you please help me decide about my next course of action, I believe my I-485 is wrongfully denied.

My case details are as follows:


1) EB 2 India ,priority date November 2004
2) I -140 approved in 2007(employer A)
3) Filled 485 in August 2007, changed employer after 180 days of filing I-485.
4) Got RFE in 2008 august(for EVL),responded back with all the documents from the present employer.(employer B)
Received email from CIS "RFE recieved and case process resumed "
5)Renewed EAD for my spouse.
6) Approved I-140 status changed to pending in May 2009.
7) Later renewed my EAD in June 2009 with out any problems
8) Came to know that my 140 was revoked in May 2009 by employer A
9) Received I-485 denial notice in August 2009 stating the reason"485 denied due to revoke of underlying 140 by employer A."


So now iam filing MTR with the help of attorney .

iam depressed,last year when my PD was current i missed the window ,now iam afraid again i will miss the window.

what should be my course of action apart from filling MTR,how much time it will take for my case to resume pending status .
What are my chances of getting approval this year.
Gurus please advice,.
Till now postponed everything with the hope of getting GC. iam confused now.

[InTheMoment]

Another case of minimally trained I-485 AO's.

Don't worry - there is ample help on this from IV, especially from "chanduv23" on issues on I-140 revoking and wrongful denial.

Originally Posted by pro

Dear IV please help .

Could you please help me decide about my next course of action, I believe my I-485 is wrongfully denied.

My case details are as follows:


1) EB 2 India ,priority date November 2004
2) I -140 approved in 2007(employer A)
3) Filled 485 in August 2007, changed employer after 180 days of filing I-485.
4) Got RFE in 2008 august(for EVL),responded back with all the documents from the present employer.(employer B)
Received email from CIS "RFE recieved and case process resumed "
5)Renewed EAD for my spouse.
6) Approved I-140 status changed to pending in May 2009.
7) Later renewed my EAD in June 2009 with out any problems
8) Came to know that my 140 was revoked in May 2009 by employer A
9) Received I-485 denial notice in August 2009 stating the reason"485 denied due to revoke of underlying 140 by employer A."


So now iam filing MTR with the help of attorney .

iam depressed,last year when my PD was current i missed the window ,now iam afraid again i will miss the window.

what should be my course of action apart from filling MTR,how much time it will take for my case to resume pending status .
What are my chances of getting approval this year.
Gurus please advice,.
Till now postponed everything with the hope of getting GC. iam confused now.

[pro]

Thank you.

[prince_charming]

Mine was the similar case... last year when my PD was current... i got I-485 denied for the same reason... filed MTR and case got re-opened.... Unfortunately somtime it takes 6-7 months to re-open...

my MTR was approved long ago... but case status still shows denied on USCIS case status.... due to some bug in USCIS software... thats the response i got from them...

They say they gonna correct it....

[seeking_GC]

hi,
Can you keep on working on EAD while your MTR is being considered by USCIS?

[jungalee43]

With the number of such denials it is now appearing more like a definite trend than a few officers making mistakes.

[jungalee43]

Once they deny your 485, your EAD and advance parole is automatically revoked.
So after you get the receipt notice of MTR, you have to file for interim EAD in the same office. According to my lawyer the chances of getting such EAD are only 50%.
MTR is long uphill battle.

Originally Posted by seeking_GC

hi,
Can you keep on working on EAD while your MTR is being considered by USCIS?

[pro]

Hi all,
here are the updates on my case.
Filed MTR on I-485 ,file reached USCIS on friday last week.

soft LUD's on 485 on friday and monday as well.Is this common?does it mean some work on 485?
I thought i would get seperate reciept notice and once the MTR is approved i see some movement in 485.
Please correct my understanding.

so what next ?please suggest.

[jungalee43]

My MTR reached them on last Wednesday, so far no LUD on anything. But this is district office which in itself is a worst case scenario in the anarchy of USCIS.
I am also filing with Ombudsman.

[pro]

Originally Posted by jungalee43

My MTR reached them on last Wednesday, so far no LUD on anything. But this is district office which in itself is a worst case scenario in the anarchy of USCIS.
I am also filing with Ombudsman.

I sent my package to NSC. which service centre is yours?

BTW are you planning to send form 7001 to the ombudsman office.
which do you think is better, we sending the form or let our attorney do that for us?

[jungalee43]

My attorney is filling up form 7001 and also some explanatory note for Ombudsman and sending it with entire MTR submission.

[pro]

Thank you and wishing you good luck.

[jungalee43]

Good luck to you too. Luck is one thing that we need most in this most horrible moment of life. It is simply nerve wrenching.

[pro]

Hi
I see my checks en cashed today, when i check the online status it says "I 290 B notice of appeal to the commissioner"
Is'nt it supposed to be "Motion to re-open /reconsider received"?
Gurus please clarify,iam confused.

[Almond]

Originally Posted by seeking_GC

hi,
Can you keep on working on EAD while your MTR is being considered by USCIS?

Once you have received confirmation from them that they received your MTR application and you're waiting for a final decision, yes, you can keep working until they make a decision.