I-485 Denied just before I-140 Approved (Appeal)

[crao_a]

Hi all,
Thanks for your time...please help.

My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.

But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife’s I485. Please let me know, how to reopen both of these…

Thanks for your advice,
crao

[sbmallik]

Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.

[suriajay12]

Originally Posted by crao_a

Hi all,
Thanks for your time...please help.

My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.

But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife’s I485. Please let me know, how to reopen both of these…

Thanks for your advice,
crao

To my knowledge, this can be expected when 140 gets denied.. But when you get your 140 approved by MTR or other, you can initiate a process to re-instate the 485 and other which were filed before. Talk to a good attorney and I'm sure you'll be OK.
Take it easy and you'll be OK. Dont panic.. I have read that its not unexpected..

[crao_a]

Thank you all for your valuable suggestions...
My attorney sent a letter with approved I-140 copy to reconsider the decission on I-485. No change in the status online so far (3 days passed). I will wait for another week and apply MTRs for me and my wife.

Thanks,
crao