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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1 (permalink)  
Old 04-12-2013, 10:03 AM
Junior Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Sep 2007
Posts: 10
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Default I-458 denied- 2003 PD-EB3

My friend filed 485 was denied and he has not received any notice of intent to deny. He came to know two days back when his EAD renewal got rejected. Below is the case history.

Company A filed 485 with Aug 2003 priority date in EB. During 2010 he moved job to Company B he didn't filed AC21 because Company B is reluctant to give the 'job description'. In the mean time Company A has withdrawn his approved 140 and thereby denial of 485. He and his wife are working on EAD. Any expert sections/guidance will be greatly helpful.
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  #2 (permalink)  
Old 04-12-2013, 10:06 AM
Junior Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Sep 2007
Posts: 10
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Default Read as I-485

Read as I-485
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  #3 (permalink)  
Old 04-12-2013, 11:29 AM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
12/01/2005
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:
India
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:
I-485
I485 Mailed Date
:
05/01/2007
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Did he get any reason for the denial via mail? I think not filing AC21 was a huge mistake...especially when you suspect the the prior employer can withdraw the I-140. Needless to say....have him hire a good lawyer.
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  #4 (permalink)  
Old 04-12-2013, 11:51 AM
Junior Member
Priority Date
:
Mar-06
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:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
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:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Sep 2007
Posts: 10
chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts
Default

The reason for not filing AC21 is the new employer is not willing to provide job description. He approached lawyer yesterday.
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  #5 (permalink)  
Old 04-12-2013, 12:06 PM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
04/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Default

Quote:
Originally Posted by nitlsu View Post
Did he get any reason for the denial via mail? I think not filing AC21 was a huge mistake...especially when you suspect the the prior employer can withdraw the I-140. Needless to say....have him hire a good lawyer.
Do not give wrong advice and do not be a lawyer worshiper. There is nowhere written it is mandatory to file AC21. Why should he waste money for it?
This denial is standard. Nothing to worry about it. Hundreds have got in the past and got through it. Just need to file MTR. Do not scare people.
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  #6 (permalink)  
Old 04-12-2013, 12:30 PM
Member
Priority Date
:
Jan-03
Category
:
EB3
I140 Mailed Date
:
12/01/2005
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:
India
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:
I-485
I485 Mailed Date
:
05/01/2007
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Join Date: Feb 2006
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Default

Quote:
Originally Posted by imh1b View Post
Do not give wrong advice and do not be a lawyer worshiper. There is nowhere written it is mandatory to file AC21. Why should he waste money for it?
This denial is standard. Nothing to worry about it. Hundreds have got in the past and got through it. Just need to file MTR. Do not scare people.
It's not scaring...it's called due diligence. I am sure if you were in his spot tomorrow...you would do the same.
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  #7 (permalink)  
Old 04-12-2013, 12:47 PM
Donor
Priority Date
:
Feb-07
Category
:
EB2
I140 Mailed Date
:
03/21/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/19/2007
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Join Date: May 2006
Posts: 362
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Default

Looks from the title the I-485 got denied because the PD for EB3 India is not current for 2003.
Did he file the I-485 in 2007 when the dates had been moved? In that case a lawyer should be easily able to rectify the same.
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  #8 (permalink)  
Old 04-12-2013, 12:55 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Sep 2007
Posts: 10
chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts
Default

Yes he filed the I-485 in 2007.
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  #9 (permalink)  
Old 04-12-2013, 01:06 PM
Senior Member
Priority Date
:
Aug-03
Category
:
EB3
I140 Mailed Date
:
06/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: May 2007
Posts: 301
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Default

Quote:
Originally Posted by imh1b View Post
Do not give wrong advice and do not be a lawyer worshiper. There is nowhere written it is mandatory to file AC21. Why should he waste money for it?
This denial is standard. Nothing to worry about it. Hundreds have got in the past and got through it. Just need to file MTR. Do not scare people.
Agreed...this type of denial is common, and can be reversed by filing an MTR (Motion to Reopen). Denial of 485 on basis of I-140 withdrawal holds ground only if the I-140 was revoked by USCIS itself on grounds of fraud. Your friend should hire a good lawyer who specializes in filing MTRs. The situation is definitely worrisome for the person affected, but they should rest assured that this is quite recoverable.
__________________
EB3 - India (PD:Aug 2003)
I-140 Approved (PP): 06/14/2007 by TSC
I-485 RD: 7/23/2007 (TSC)
New EB2 I-140 Approved: 12/5/2011 (TSC)
Interfiled 12/15/2012
Greened on Feb 10, 2012!
Total Contribution: $200
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  #10 (permalink)  
Old 04-12-2013, 04:02 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/16/2007
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Join Date: Sep 2007
Posts: 73
kprgroup will become famous soon enough
Default

Hire a Lawyer and file MTR with in 30 days .Don't worry and don't panic.It happened to lot people.you should be fine.
__________________
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Donated 50$
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  #11 (permalink)  
Old 04-12-2013, 04:32 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Sep 2007
Posts: 10
chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts
Default

Below is the reponce from USCIS: Appriceate advise.

In response to the Ombudsman's (CISOMB) inquiry with U.S. Citizenship and Immigration Services (USCIS),
the agency responded by explaining that they sent a Request for Evidence (RFE) to his address, XXXXXX, on 11/21/2012.
This RFE was returned as undeliverable. However, USCIS also sent a copy of the same RFE to his attorney, and he never responded to it.

Therefore, USCIS issued a denial for abandonment on 3/06/2013.USCIS mailed a copy of the abandonment denial to him and his attorney.

Based on this history, it appears that USCIS correctly followed procedure. The Ombudsman's Office must, therefore, close your request for
assistance at this time.

Once again none of this notices were received. He has a large mail box right outside the house. The EAD denial was in the mailbox, how
come "RFE was returned as undeliverable" is surprising.
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  #12 (permalink)  
Old 04-12-2013, 04:45 PM
Banned
Priority Date
:
Dec-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2010
Posts: 436
waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute
Default

I am confused. Why did USCIS deliver the notice to your employer house? Is the house address and office address same? Do you work in your employer's house?
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  #13 (permalink)  
Old 04-12-2013, 05:08 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB3
I140 Mailed Date
:
08/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Sep 2007
Posts: 10
chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts chyoji is infamous around these parts
Default

As per USCIS they sant to my firend's house and to his attorny. I am sure none of this notices were received. He has a large mail box right outside the house.
HE got the EAD denial was in the mailbox, how come the intent to deny notice will be missing.
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  #14 (permalink)  
Old 04-12-2013, 05:17 PM
Banned
Priority Date
:
Dec-07
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Sep 2010
Posts: 436
waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute waitingnwaiting has a reputation beyond repute
Default

Quote:
Originally Posted by chyoji View Post
As per USCIS they sant to my firend's house and to his attorny. I am sure none of this notices were received. He has a large mail box right outside the house.
HE got the EAD denial was in the mailbox, how come the intent to deny notice will be missing.
That is a question? Why did they sent at your friend's house and not your own house? Why did you give your friend address and not your own address?
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  #15 (permalink)  
Old 04-12-2013, 05:24 PM
BZA BZA is offline
Junior Member
Priority Date
:
Jul-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2010
Posts: 17
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Default he is asking on behalf of his friend

He already told that he is asking behalf of his friend.
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