I-485 Denial: USCIS Ombudsman wants to hear on MTR's filed because of Service errors

[va_dude]

Hi all.
Seems like its past the time for the conference call.

Any feedback from fellow IVians is much appreciated.

-va_dude

[bkn96]

Whoever attended this conference, Please post highlights of teleconference for the benefit of others

[bkn96]

My MTR got approved today and 485 is back to processing stage,.

[snathan]

Originally Posted by bkn96

My MTR got approved today and 485 is back to processing stage,.

May I know why it was denied ?

[bkn96]

It is AC21 case. My 485 was denied as my approved I140 was withdrawn by previous employeer. My 485 was pending more than 180 days, it was denied due to USCIS error. So now I am back on track (infinte wait for GC)

[meghnasinha]

I am in the same position. My I-485 was denied on 01/14/2009. The reason stated that my I-140 that was filed concurrently was denied. I have an approved I-140 and it was never filed concurrently. The online case status for I-140 shows as approved.
I filed MTR on 01/26/2009 and received the reciept and have not heard back sicne then. My case is at Nebraska service center.
I was wondering if anyone's MTR got approved. How long did it take for the approval process?

[bkn96]

My MTR took 3 months, it is with Texas service center.

[kpchal2]

Hi
Does the AC21 cause denial of I-485 only if the underlying I-140 is revoked or are there any other conditions that any one can think of that could cause the I-485 to be denied when we invoke AC21. I am planning to move from Company A to Aompany B in a month's time and want to invoke AC21 as soon as I move to the new company. I want to be ready for any unforeseen events.
thanks

[meghnasinha]

My I-140 was not revoked. I did change from Company A to Company B. My guess is that my I-1485 was denied becuse of AC21. There was no RFE and all the documents are in order. I have filed for MTR and am waiting for response.
Good luck.

[LostInGCProcess]

Originally Posted by meghnasinha

I am in the same position. My I-485 was denied on 01/14/2009. The reason stated that my I-140 that was filed concurrently was denied. I have an approved I-140 and it was never filed concurrently. The online case status for I-140 shows as approved.
I filed MTR on 01/26/2009 and received the reciept and have not heard back sicne then. My case is at Nebraska service center.
I was wondering if anyone's MTR got approved. How long did it take for the approval process?

meghnasinha, I am shocked and feel sorry for your situation. I think its going to happen to every one of us waiting in line, who thinks it can't happen to me, since i have everything done in the proper way...well, looking at your case, I think we all are going to face the same situation sometime in future which I wish does not happen.
Please let us know what the out come was...and don't stress out...god bless and good luck.

[meghnasinha]

In addition, I am going through High Risk Pregnancy. Since my spouse is dependent on me, he is not able to work. Is there any process to expediate MTR?
I have already sent a request to CIS Omundson.
I am in the process of contacting congressman and senator.

[kpchal2]

HI Meghana

sorry to hear about ur situation. i am also in the same situation. my wife is dependent on me and I am scared to use AC21 given the following scary situations. if i may ask, can you please let me know if you are working for a consulting company or if u are working as a full time employee for company that could be an end client or something (something that is not a consulting company).

thanks

[meghnasinha]

Hi kpchal2
I am not working for consulting company. My previous employer and current employer both are US based non-consulting company.

[vasireddyanil]

Employer: A

December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas

February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney

Between Nov 02/2007 to March 03/2008 I140 Notices were Returned as Undeliverable couple of times.I am not sure how this happend. I am not having any relation ship with my previous employer. Reasons to re-opening of approved I140 were not known.
March 05/2008 I485 Denial Notice Sent

August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable

Finally I got my denial notice on Nov 1st. It was delayed and all this happend due to previous attorney’s negligence and mistakes.

Nov 26 2008 MTR received and pending.
Receceived no updates till today.Passed more than 110 days. How to contact and whom to contact. Suggestions on how to followup with USCIS in this regard will be appreciated.

What will be my fate? How long should I wait??

[vasireddyanil]

Originally Posted by bkn96

My MTR took 3 months, it is with Texas service center.

Can you please review my case and let me know if you feel that both are similar?
Is it ok to provide your attorney details? If so please let me know.