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  #1 (permalink)  
Old 07-07-2007, 08:45 PM
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manub is on a distinguished road
Unhappy I 485 Denial Please Help

Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
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  #2 (permalink)  
Old 07-07-2007, 09:56 PM
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PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough
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Quote:
Originally Posted by manub
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
Sad to hear your story. Talk to an attorney ASAP. Maybe to several attorneys to get different opinions and perspectives. Time is of the essence in you case. Contact a financial planner/realtor as well to see what you can do about your house payments.

Good luck.

Regards,
Jayant
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  #3 (permalink)  
Old 07-07-2007, 09:59 PM
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Quote:
Originally Posted by manub
Hi,

and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
there's a clause somewhere that if you don't get EAD in 90 days you can go to the local USCIS officer and get a temporary EAD.

Other than that, pray to you favourite god.

money, lawyers and god are useful to have on your side.
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  #4 (permalink)  
Old 07-07-2007, 10:41 PM
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Hi Manu..

it must be living hell for you with this mess, we all pray for you to get some route out of this hell.

When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?

pls post..

waiting for your response.
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  #5 (permalink)  
Old 07-07-2007, 10:50 PM
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brij523 is a jewel in the rough brij523 is a jewel in the rough brij523 is a jewel in the rough brij523 is a jewel in the rough
Default Some more options

1) Contact Senator office. Which you did!! But have you called all the Senator from your state. Keep matter confidential between Senator office.

2) Which center has your application? If it is Nebraska, then you can talk to an Immigration Officer by dialing these sequence of number

1-800-375-5283, press 1..2..2..6..1..your case number..1..
wait for the automated status message then. select.3..4

3) Take Infopass appointment to meet an officer. Take all immigration paper. Tell your problem. Hope you get some help

4) Call customer service - 1-800-375-5283 and talk to rep.

Best of luck
__________________
GC Approved on June 26

Last edited by brij523; 07-07-2007 at 11:01 PM.
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  #6 (permalink)  
Old 07-07-2007, 10:55 PM
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Hi,
Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.
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  #7 (permalink)  
Old 07-07-2007, 10:59 PM
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Yes I called all senators from the state and also local representative.Only local representative responded and their office contacted uscis for my EAD.We didnot contact any body for my husband`s petition .we are planning to do so this week.It is at NSC.
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  #8 (permalink)  
Old 07-07-2007, 11:01 PM
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PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough PD_Dec2002 is a jewel in the rough
Default

Quote:
Originally Posted by manub
Hi,
Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.
So you got called for an interview?

Thanks,
Jayant
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  #9 (permalink)  
Old 07-07-2007, 11:04 PM
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Default Get a good lawyer ASAP

Do you have a good, competent lawyer you trust? That is the most important thing.
Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.

Last edited by Pineapple; 07-07-2007 at 11:07 PM.
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  #10 (permalink)  
Old 07-07-2007, 11:05 PM
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Quote:
Originally Posted by manub
Hi,
Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.
you mean to say,while filling in the form for his AOS..I think somewhere it asks that 'have you filed for AOS earlier etc(not sure the correct wordings..)'..so he had to choose a 'yes'..is that so..? if it was yes,possibly that was the reason for scrutiny..

when his case was so shaky, he should not have filed for AOS..but what has happened has happened though..
jeez..this is so stressful and can totally empathize with you
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  #11 (permalink)  
Old 07-07-2007, 11:07 PM
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There is no interview?
We have a lawyer through my company.Since my husband`s AOS is denied we are having doubts.we are thinking of attorney murthy.we already lost what we have.this is our last chance.

Last edited by manub; 07-07-2007 at 11:12 PM.
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  #12 (permalink)  
Old 07-07-2007, 11:14 PM
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Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

take appt with Rajiv Khanna/Murthy without wasting any minute further..
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  #13 (permalink)  
Old 07-07-2007, 11:18 PM
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related article on murthy for the Inadvertent Unauthorized Employment


http://www.murthy.com/news/n_hombus.html

http://www.murthy.com/news/n_nscuna.html

Quote:
Originally Posted by file485
Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

take appt with Rajiv Khanna/Murthy without wasting any minute further..
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  #14 (permalink)  
Old 07-07-2007, 11:19 PM
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This is what I found in my research so far.
"Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.
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  #15 (permalink)  
Old 07-07-2007, 11:30 PM
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Manu,

Do you know United Nations(UN) in the Immigration.com site of Rajeev Khanna. These Days UN seems to be Vanished.He helped a lot of guys regarding these issues at I-140 stage. If you get a chance please browse through the websites and send him an email.Make sure you follow every step.in between he's CPA and has lot of knowledge on immi issues.

All the Best!!
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