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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #31 (permalink)  
Old 09-14-2009, 11:44 PM
Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
10/05/2006
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:
India
Processing Stage
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I-485
I485 Mailed Date
:
06/30/2007
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Join Date: May 2007
Posts: 42
zilmax007 is on a distinguished road
Post Wrongful 485 denial

My 485 was denied a week ago. I was shocked after seeing the case status as "Denial Notice Sent". But, I was sure that was USCIS mistake.

Ever since I started my GC process, I'm with the same employer. Even though I never used my EAD & AP, I was keep on renewing them. Last month, I got my EAD renewed for 2 yrs.

I'm a JULY-2007 filer. The denial notice says "Your PD was not current when
you filed your I-485".

I spoke to my attorney, he says some employees in the USCIS are blind and brainless. So, they are proving that they are EOE (Equal Opportunity Employer).

My attorney is filing an MTR now.

I have few questions to our friends:

1. How long does it take to approve/deny MTR?

2. Is USCIS going to let me know if MTR gets approved/denied?

3. How did USCIS keep renewing my EAD/AP if PD was not current at the 485 filing
time?

4. I want to write a letter to CIS ombudsman, do we have a letter template?
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  #32 (permalink)  
Old 09-15-2009, 11:40 AM
pro pro is offline
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:
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:
08/11/2007
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pro is on a distinguished road
Default Form 7001

4.Here it is,
http://www.dhs.gov/xlibrary/assets/c...hsform7001.pdf

Good luck.
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  #33 (permalink)  
Old 09-15-2009, 02:59 PM
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meghnasinha is on a distinguished road
Default I-485 MTR Information

1. How long does it take to approve/deny MTR?
It could take 1 - 6 months.

2. Is USCIS going to let me know if MTR gets approved/denied?
Yes. USCIS should send the MTR approval\denial notice to your lawyer. You can also set your profile in the USCIS web site to get notification through email.

3. How did USCIS keep renewing my EAD/AP if PD was not current at the 485 filing time?
There are lot of times USCIS makes a mistake. Giving the reason that it is USCIS mistake may process your MTR faster.


4. I want to write a letter to CIS ombudsman, do we have a letter template?
The form has already been posted in a previous response. Additionally, you can send request congressmen or senator to look into the case. You can also call USCIS customer service and request them to expediate your MTR after you receive your receipt. I had called the USCIS after I received the receipt and my MTR was approved in 1 day. I gave the reason of USCIS mistake, financial loss, and medical reason.
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  #34 (permalink)  
Old 09-15-2009, 03:44 PM
Senior Member
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Default What was the reason?

Was your I-485 denial due to first employer withdrawing the I-140 or for any other reason? One day sounds just too good to believe.
Can you explain please?

Quote:
Originally Posted by meghnasinha View Post
1. How long does it take to approve/deny MTR?
It could take 1 - 6 months.

2. Is USCIS going to let me know if MTR gets approved/denied?
Yes. USCIS should send the MTR approval\denial notice to your lawyer. You can also set your profile in the USCIS web site to get notification through email.

3. How did USCIS keep renewing my EAD/AP if PD was not current at the 485 filing time?
There are lot of times USCIS makes a mistake. Giving the reason that it is USCIS mistake may process your MTR faster.


4. I want to write a letter to CIS ombudsman, do we have a letter template?
The form has already been posted in a previous response. Additionally, you can send request congressmen or senator to look into the case. You can also call USCIS customer service and request them to expediate your MTR after you receive your receipt. I had called the USCIS after I received the receipt and my MTR was approved in 1 day. I gave the reason of USCIS mistake, financial loss, and medical reason.
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  #35 (permalink)  
Old 09-15-2009, 04:11 PM
Member
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Aug-06
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zilmax007 is on a distinguished road
Post

No, no I-140 withdrawl from my employer.
I'm with the same employer sice I started the GC process.
USCIS denied because of their mistake..
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  #36 (permalink)  
Old 09-15-2009, 04:43 PM
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jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of
Default Question was for other member

Sorry if I confused you. But the question was for member meghnasinha.
Quote:
Originally Posted by zilmax007 View Post
No, no I-140 withdrawl from my employer.
I'm with the same employer sice I started the GC process.
USCIS denied because of their mistake..
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  #37 (permalink)  
Old 09-15-2009, 07:34 PM
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meghnasinha is on a distinguished road
Default Reason for MTR Expediate

Yes. I had changed my job under AC21 and the first employer withdrew the I-140.
I called up the USCIS customer service and told them that it was USCIS mistake. Since I was pregnant with complications at that time, I gave that reason. Also I mentioned that my spouse is dependent on me and cannot work. So we have financial reason too. The customer service rep was very nice and my case was opened in a day.
This was my second call to USCIS. The 1st one was very rude and said that my case will be denied without looking into it. Unfortunately, it is dependent on the rep.

What was the reason?

--------------------------------------------------------------------------------
Was your I-485 denial due to first employer withdrawing the I-140 or for any other reason? One day sounds just too good to believe.
Can you explain please?
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  #38 (permalink)  
Old 09-15-2009, 08:14 PM
Senior Member
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Default

Quote:
Originally Posted by zilmax007 View Post
No, no I-140 withdrawl from my employer.
I'm with the same employer sice I started the GC process.
USCIS denied because of their mistake..
Same thing happened to me only worse, I think. I went to the interview and the person denied me one day later for not having something they needed. ONLY it was in their records not only because I had sent it with the original application but also because they had sent me an RFE and received it then, too. She was 2 weeks in the job and because of her mistake I got screwed out of almost 600 bucks and 8 extra months of waiting. Sometimes I just can't get a break.
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  #39 (permalink)  
Old 09-15-2009, 09:43 PM
Senior Member
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2006
Posts: 289
jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of jungalee43 has much to be proud of
Default Thanks.

Thanks for your reply. The person who interviewed me was perhaps the same rep who took your first call or at least they attended same class.
I hope my MTR goes to someone like the person who took your second call. We don't deserve all this, but we are at their mercy somehow. Or at least that is what they believe.

Quote:
Originally Posted by meghnasinha View Post
Yes. I had changed my job under AC21 and the first employer withdrew the I-140.
I called up the USCIS customer service and told them that it was USCIS mistake. Since I was pregnant with complications at that time, I gave that reason. Also I mentioned that my spouse is dependent on me and cannot work. So we have financial reason too. The customer service rep was very nice and my case was opened in a day.
This was my second call to USCIS. The 1st one was very rude and said that my case will be denied without looking into it. Unfortunately, it is dependent on the rep.

What was the reason?

--------------------------------------------------------------------------------
Was your I-485 denial due to first employer withdrawing the I-140 or for any other reason? One day sounds just too good to believe.
Can you explain please?
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