NIW - 140 Denial - I 485 Status ??

[green_card_curious]

Hello

I filed concurrently for I-140 and I-485 through NIW petition; and for my wife as dependent beneficiary. I received an RFE in Dec 2008 and got a denial yesterday.

1. Will my I-485 be denied automatically?
2. When we appeal for I-140 decision, will the I-485 status be "pending" or will it be denied first and then activated after subsequent approval of I-140?

PS: the reason for the rejection is unknown.

Please respond ASAP.

Thanks.

[stemcell]

Can you give more detalis?
are you filing NIW as a physician?

[green_card_curious]

No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).

I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.

Thanks for your time.

[stemcell]

Unfortunately it means the 485 will also be denied.....
unless you can appeal the 1-140 which is a lengthy process.....
Hopefully luck is on your side....

again please ask your lawyer as to what the best way to go is....

[stemcell]

i missed the second part of your question.

i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.

[green_card_curious]

Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.

[green_card_curious]

gcformeornot: I dont know how to update my profile. I looked around options in my user id but didn't find anything like "update profile".

[LondonTown]

Originally Posted by stemcell

i missed the second part of your question.

i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.

Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.

Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.

[stemcell]

Londontown

sorry to hear about your denial.

Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...

[green_card_curious]

This is EXACTLY the confusion. My case is explained below:

1. I am on H1-B - havent used my EAD yet
2. My wife has and is currently using her EAD though
3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.

So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...

Ideas? Suggestions? Examples?

Thanks,

[drak70]

Here is my experience

My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least

As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial

In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months


In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online

[green_card_curious]

Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

P E R P L E X E D !!

[hopefulgc]

AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
Move fast, start a PERM and see if u can lock in a date.

Originally Posted by stemcell

i missed the second part of your question.

i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.

[green_card_curious]

Thanks Hopefulgc. What is AFAIK?

[LondonTown]

Originally Posted by green_card_curious

Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

P E R P L E X E D !!

I took advise of two lawyers (one is very famous) and both told that if I40 is denied/appealed - do not use EAD and file another PERM immediately, which I did.