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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 04-29-2009, 04:48 PM
Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
12/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/12/2007
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Join Date: Jan 2009
Posts: 57
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Default I-485 denial notice not received after 4 months

Folks,
Here is my long story.
I-485 filed on 08/13/2007 (July Fiasco)
I-140 approved on 03/18/2008. (It has not been revoked by ex-employer)
Started working on EAD on 06/02/2009. EAD valid till 05/21/2009.
Sent AC-21 form on 12/30/2008 which was received by USCIS on 01/06/2009.
H1-B valid till 05/04/2009 (sixth year).


On 01/01/2009 I received email from CRIS saying my I-485 has been denied. Since then I have been calling USCIS every 15 days. Sometimes they open a new SR or escalate the SR but of no avail. I have been to local office of USCIS and they have also been saying they have opened the SR and I should wait for 30 days to get the denial notice. I am receiving mails from USCIS saying they are working on my case and they have requested my file but neither I nor my attorney received the much awaited denial notice.
I wrote to Ombudsman (Form 7001 requesting the reason of denial of my I-485) on 03/17/2009 and I received a response from ombudsman office on 04/15/2009 stating:
“We have researched your case to determine the status of your Forms I-485 applications. USCIS cannot process your Forms I-485 until a visa number is available with the U.S. Department of State (DOS). The DOS is the entity that controls the issuance of visa numbers and has the responsibility of publishing visa bulletins.
Currently, the DOS is processing cases received on or before November 1, 2001, for the Employment-Based 3rd Preference, India. Your priority date is July 27, 2006.”

I also Filed G-635(FOIA) as suggested by IO at local office to get denial reason on 03/18/2009 but no response yet.
On 03/19/2009 I applied for extension of my EAD and received the denial notice on 04/28/2009 saying my I-485 has been denied hence cannot get EAD.
I have already applied for the extension of my H1-B visa (with the old employer) and hopefully I will get it before expiry of sixth year.
Yesterday, I called USCIS again and requested them for denial notice. The CSR said my I-485 has been assigned to a IO on /04/15/2009 and one system shows it is denied and other system shows it is pending ( Never knew USCIS has two different systems).
As per my lawyer I have 180 days to stay in this country after my I-485 denial so I have to leave the country by 06/30/2009 and we cannot file MTR until we know the reason of denial.
I don’t know what else I can do. I have taken another infopass appointment for tomorrow and will update you folks on that.
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  #2 (permalink)  
Old 04-29-2009, 04:58 PM
Senior Member
Priority Date
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May-04
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I140 Mailed Date
:
12/01/2006
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I485 Mailed Date
:
06/30/2007
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Default

Sorry to see your situation. Contact your Senator's office ASAP and provide all documentary evidences to them.
__________________
EB2 India, PD: 05/22/2004
I-140 (TSC AD: 05/23/2007)
I-485 (NSC Received on 07/02/2007 at 10:20am)
I-485 RD: 08/08/2007 ND: 10/02/2007
Name Check: Pending as of 08/08/08
08/15/2008: Sent an email to Senator.
08/20/2008: Received a call from Senator's offfice to submit further evidence for my complaints (RFE from Senator office)
09/09/2008: Name Check is clear.( Info from Senator's office)
09/01/09: Received I-485 CPO email
09/08/09: Received the GC.
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  #3 (permalink)  
Old 04-29-2009, 05:02 PM
Senior Member
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:
Sep-02
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I140 Mailed Date
:
05/28/2003
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India
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:
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Default

Quote:
Originally Posted by vshar View Post
Folks,
Here is my long story.
I-485 filed on 08/13/2007 (July Fiasco)
I-140 approved on 03/18/2008. (It has not been revoked by ex-employer)
Started working on EAD on 06/02/2009. EAD valid till 05/21/2009.
Sent AC-21 form on 12/30/2008 which was received by USCIS on 01/06/2009.
H1-B valid till 05/04/2009 (sixth year).


On 01/01/2009 I received email from CRIS saying my I-485 has been denied. Since then I have been calling USCIS every 15 days. Sometimes they open a new SR or escalate the SR but of no avail. I have been to local office of USCIS and they have also been saying they have opened the SR and I should wait for 30 days to get the denial notice. I am receiving mails from USCIS saying they are working on my case and they have requested my file but neither I nor my attorney received the much awaited denial notice.
I wrote to Ombudsman (Form 7001 requesting the reason of denial of my I-485) on 03/17/2009 and I received a response from ombudsman office on 04/15/2009 stating:
“We have researched your case to determine the status of your Forms I-485 applications. USCIS cannot process your Forms I-485 until a visa number is available with the U.S. Department of State (DOS). The DOS is the entity that controls the issuance of visa numbers and has the responsibility of publishing visa bulletins.
Currently, the DOS is processing cases received on or before November 1, 2001, for the Employment-Based 3rd Preference, India. Your priority date is July 27, 2006.”

I also Filed G-635(FOIA) as suggested by IO at local office to get denial reason on 03/18/2009 but no response yet.
On 03/19/2009 I applied for extension of my EAD and received the denial notice on 04/28/2009 saying my I-485 has been denied hence cannot get EAD.
I have already applied for the extension of my H1-B visa (with the old employer) and hopefully I will get it before expiry of sixth year.
Yesterday, I called USCIS again and requested them for denial notice. The CSR said my I-485 has been assigned to a IO on /04/15/2009 and one system shows it is denied and other system shows it is pending ( Never knew USCIS has two different systems).
As per my lawyer I have 180 days to stay in this country after my I-485 denial so I have to leave the country by 06/30/2009 and we cannot file MTR until we know the reason of denial.
I don’t know what else I can do. I have taken another infopass appointment for tomorrow and will update you folks on that.
Usually Local office will tell you the reason for the denial. Go another time and ask them.
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  #4 (permalink)  
Old 04-29-2009, 05:04 PM
Donor
Priority Date
:
May-04
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EB3
I140 Mailed Date
:
08/14/2007
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:
India
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I-140+I-485
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Default Tried congressman route ?

Did you try to get help from your congressman ?
Contact your congressman's office (if possible make a visit), let them know the urgency of the matter and request an expedited intervention.
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  #5 (permalink)  
Old 04-29-2009, 05:10 PM
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Nov-06
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Post

hope things will be alright soon, don't loose cool. I know this is a testing time, but have faith.

On a side note, you may also want to write to local congressman/senator (some ppl on forum says they did and it worked for some of them). Wish you all the best!
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  #6 (permalink)  
Old 04-29-2009, 05:26 PM
Senior Member
Priority Date
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Mar-06
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I140 Mailed Date
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06/11/2006
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Default

Quote:
Originally Posted by vshar View Post
Folks,
Here is my long story.
I-485 filed on 08/13/2007 (July Fiasco)
I-140 approved on 03/18/2008. (It has not been revoked by ex-employer)
Started working on EAD on 06/02/2009. EAD valid till 05/21/2009.
Sent AC-21 form on 12/30/2008 which was received by USCIS on 01/06/2009.
H1-B valid till 05/04/2009 (sixth year).


On 01/01/2009 I received email from CRIS saying my I-485 has been denied. Since then I have been calling USCIS every 15 days. Sometimes they open a new SR or escalate the SR but of no avail. I have been to local office of USCIS and they have also been saying they have opened the SR and I should wait for 30 days to get the denial notice. I am receiving mails from USCIS saying they are working on my case and they have requested my file but neither I nor my attorney received the much awaited denial notice.
I wrote to Ombudsman (Form 7001 requesting the reason of denial of my I-485) on 03/17/2009 and I received a response from ombudsman office on 04/15/2009 stating:
“We have researched your case to determine the status of your Forms I-485 applications. USCIS cannot process your Forms I-485 until a visa number is available with the U.S. Department of State (DOS). The DOS is the entity that controls the issuance of visa numbers and has the responsibility of publishing visa bulletins.
Currently, the DOS is processing cases received on or before November 1, 2001, for the Employment-Based 3rd Preference, India. Your priority date is July 27, 2006.”

I also Filed G-635(FOIA) as suggested by IO at local office to get denial reason on 03/18/2009 but no response yet.
On 03/19/2009 I applied for extension of my EAD and received the denial notice on 04/28/2009 saying my I-485 has been denied hence cannot get EAD.
I have already applied for the extension of my H1-B visa (with the old employer) and hopefully I will get it before expiry of sixth year.
Yesterday, I called USCIS again and requested them for denial notice. The CSR said my I-485 has been assigned to a IO on /04/15/2009 and one system shows it is denied and other system shows it is pending ( Never knew USCIS has two different systems).
As per my lawyer I have 180 days to stay in this country after my I-485 denial so I have to leave the country by 06/30/2009 and we cannot file MTR until we know the reason of denial.
I don’t know what else I can do. I have taken another infopass appointment for tomorrow and will update you folks on that.
Ok, gurus can guide u better if I am wrong.

The online case status may not always be right. In my situation - I do not get LUDs anymoreand unable to add new cases.

There is an internal system which gives actual status.

Based on what Ombudsman's office has found out - looks like your case is still pending.

But you may want to verify and get confirmation.

Contact your Senator's office and Congressman. They will be able to get a status update.

If your 485 is indeed denied - don't worry as long as you can manage to get the notice you should be fine to file MTR.
__________________
Greened on September 10th, 2010
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  #7 (permalink)  
Old 04-29-2009, 05:32 PM
Senior Member
Priority Date
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Sep-02
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I140 Mailed Date
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Quote:
Originally Posted by chanduv23 View Post
Ok, gurus can guide u better if I am wrong.

The online case status may not always be right. In my situation - I do not get LUDs anymoreand unable to add new cases.

There is an internal system which gives actual status.

Based on what Ombudsman's office has found out - looks like your case is still pending.

But you may want to verify and get confirmation.

Contact your Senator's office and Congressman. They will be able to get a status update.

If your 485 is indeed denied - don't worry as long as you can manage to get the notice you should be fine to file MTR.
Does IV is helping him in some way? He is a Donar
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  #8 (permalink)  
Old 04-29-2009, 05:43 PM
Senior Member
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Mar-06
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Default

Quote:
Originally Posted by number30 View Post
Does IV is helping him in some way? He is a Donar
I am not IV core, but he should contact info@immigrationvoice.org
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Greened on September 10th, 2010
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  #9 (permalink)  
Old 04-29-2009, 11:34 PM
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Thanks a lot for your concerns and suggestions. I will visit the congressman office in this week as advised.
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  #10 (permalink)  
Old 04-30-2009, 12:39 AM
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Default Good luck

When you call the customer service ask them politely to connect to the direct service center like Texas service center. I mean second level of service. They can see all of your filings and status. At least you will know whether it is real denial or fake.
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  #11 (permalink)  
Old 04-30-2009, 01:38 AM
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Thumbs down

Quote:
Originally Posted by vshar View Post
Thanks a lot for your concerns and suggestions. I will visit the congressman office in this week as advised.
This is indeed a very situation to be in personally. Exactly the kind of thing that makes you question what has happened to this once great country and whether the system can be fixed in time or a generation of highly skilled immigrants from India keeps wasting away in the line waiting for green card..!

BUT
chances are this was some mistake on someone's part.. they don't just deny your 485 and let you roam around in the country, it's generally followed by deportation order, since nothing is happening, you should be okay.. but do follow up and find out where is the break in code.. sooner or later it's always found..
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  #12 (permalink)  
Old 04-30-2009, 12:04 PM
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Quote:
Originally Posted by zCool View Post
... they don't just deny your 485 and let you roam around in the country, it's generally followed by deportation order, ...
Why? The person could very well be in H1-B or some other legal status.
__________________
I am not a lawyer. Use at your own risk any information given by me.
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  #13 (permalink)  
Old 04-30-2009, 02:03 PM
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Quote:
Originally Posted by raysaikat View Post
Why? The person could very well be in H1-B or some other legal status.
Exactly what happened to one of my friends, folks can have different experience due to the fact that USCIS is non-consistent but 485 denial notice is normally followed by order to leave the country, there's no mention of non-immigrant status or anything, it will fall on to applicant to show the eligibility to stay in, Ron Gotcher had an interesting blog about the same issue..
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  #14 (permalink)  
Old 04-30-2009, 03:15 PM
Member
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Default CRIS database has issues

Sorry to hear of your ordeal. I hope that you will get through this with minimal suffering.

There have been several issues with the CRIS database. One of my wife's applications still lists the status as "pending" even though it has been over 2 years since it was adjudicated.

Hopefully, your case involves a similar database glitch instead of a denial.

Quote:
Originally Posted by vshar View Post
Folks,
Here is my long story.
I-485 filed on 08/13/2007 (July Fiasco)
I-140 approved on 03/18/2008. (It has not been revoked by ex-employer)
Started working on EAD on 06/02/2009. EAD valid till 05/21/2009.
Sent AC-21 form on 12/30/2008 which was received by USCIS on 01/06/2009.
H1-B valid till 05/04/2009 (sixth year).


On 01/01/2009 I received email from CRIS saying my I-485 has been denied. Since then I have been calling USCIS every 15 days. Sometimes they open a new SR or escalate the SR but of no avail. I have been to local office of USCIS and they have also been saying they have opened the SR and I should wait for 30 days to get the denial notice. I am receiving mails from USCIS saying they are working on my case and they have requested my file but neither I nor my attorney received the much awaited denial notice.
I wrote to Ombudsman (Form 7001 requesting the reason of denial of my I-485) on 03/17/2009 and I received a response from ombudsman office on 04/15/2009 stating:
“We have researched your case to determine the status of your Forms I-485 applications. USCIS cannot process your Forms I-485 until a visa number is available with the U.S. Department of State (DOS). The DOS is the entity that controls the issuance of visa numbers and has the responsibility of publishing visa bulletins.
Currently, the DOS is processing cases received on or before November 1, 2001, for the Employment-Based 3rd Preference, India. Your priority date is July 27, 2006.”

I also Filed G-635(FOIA) as suggested by IO at local office to get denial reason on 03/18/2009 but no response yet.
On 03/19/2009 I applied for extension of my EAD and received the denial notice on 04/28/2009 saying my I-485 has been denied hence cannot get EAD.
I have already applied for the extension of my H1-B visa (with the old employer) and hopefully I will get it before expiry of sixth year.
Yesterday, I called USCIS again and requested them for denial notice. The CSR said my I-485 has been assigned to a IO on /04/15/2009 and one system shows it is denied and other system shows it is pending ( Never knew USCIS has two different systems).
As per my lawyer I have 180 days to stay in this country after my I-485 denial so I have to leave the country by 06/30/2009 and we cannot file MTR until we know the reason of denial.
I don’t know what else I can do. I have taken another infopass appointment for tomorrow and will update you folks on that.
__________________
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Last edited by thepaew; 04-30-2009 at 03:17 PM.
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  #15 (permalink)  
Old 04-30-2009, 05:36 PM
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Jul-06
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:
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Today I had an infopass appointment with local USCIS office. It was almost same like my earlier ones. The IO sent an email to TSC asking for my status and asked me to wait for 30 days. I requested to see the supervisor as last time also the IO sent out an email but I never got response. She finally bowed to my constant requests and called the supervisor. The supervisor guy dig out some more info from his system and told me the reason I may not be receiving the denial notice because there is an entry of previous decision canceled on my case and it may be the denial decision that has been canceled. He was not sure and he did not give me the date of this entry. He also took my email id and told me I will receive an email and mail notice if my case has actually been denied in usual 30 days.


After this I visited the local congressman's office where a lady took all my details( which I had complied before visiting) an assure me that she will get back to me with some update after a week from today.


So I will wait at least another week with anxiety and frustration. I will keep on updating you folks as when I get any response. thanks again.
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