Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Work/Travel options after 485 : H1 Versus EAD/AP
Click to log in with Facebook
Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 02-23-2010, 05:45 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 12
amengiv is infamous around these parts amengiv is infamous around these parts
Default I485 Denied. What now?

Hello,

My I485 was denied today by USCIS. The reason was given as following:

---
The record reflects that you filed an application for perment Residence, Form I-485,on October 3 2007. After consideration, it is the decision of the Service that the application is denied.
Title8,Code of federal Regulations(CFR), Section 245.1(a )states, in pertinent part;"Any alien who is physically present in the USA apply for adjustment of status to that of a lawful permanent resident of the USA if the applicant is eligible to receibe an immigrant visa is immediately available at the time of filing of the application."

As a beneficiary of an approved Immigrant petiton for Alien Worker, you are subject to visa availability in the employment based 2nd preference ccategory for China, your country of birth. A visa was not available in that category when you filed your Form I485, therefore your ineligible to adjust status. Your application is hereby denied. Any employment authorization or advance parole you received as a result of this application is here b terminated.

---
My previous employer's lawyer submitted my I485 in September to October time frame in 2007 during the infamous visa bullinton twisted events in July 2007, if someone could still recall that.

Does anyone experience this as well? I know I have to stop working because of my EAD and I have made a Infopass on this Friday. In the meantime, what are my other options now?

Thanks a lot in advance!

Andrew
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 02-23-2010, 05:56 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2007
Posts: 1,569
desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by amengiv View Post
....
My previous employer's lawyer submitted my I485 in September to October time frame in 2007 during the infamous visa bullinton twisted events in July 2007, if someone could still recall that.
......

http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

[From pdf file]
Q14: USCIS’ July 17, 2007 press release stated that USCIS would accept applications filed not later than August 17, 2007. Does this mean applications delivered on August 17, 2007 will be accepted but those arriving August 18, 2007 will be rejected?
A14. Yes


http://www.uscis.gov/files/pressrelease/FAQ2.pdf

http://www.uscis.gov/files/pressrelease/FAQ3.pdf



_________________
Not a legal advice.

Last edited by desi3933; 02-23-2010 at 05:58 PM.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 02-23-2010, 06:41 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

amengiv,

What is your priority date ?
When did USCIS receive the 485 application ? ( October 3 ? )
Country of changeability ? ( China ? )

As per October 2007 Visa bullletin, EB2 China is at PD 01-JAN-06
If your PD is on or before 01-JAN-06, you should be fine.

Visa Bulletin for October 2007
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 02-23-2010, 06:49 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 12
amengiv is infamous around these parts amengiv is infamous around these parts
Default

Thanks a lot for the info!

But it does not seem to be what I want. I recalled that USCIS allowed many people to file I485 again in September and October 2007 after people sending flowers to USCIS and I believe that the immigration law firm hired by a big financial company(my previous employer) was competent enough to know that they could only file my application when PD became current.

Now I just could not find any solid info on USCIS website to prove that my PD was current(in October, 2007) when it was filed.

Thanks a lot!
Andrew
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 02-23-2010, 06:54 PM
Donor
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/14/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Jun 2007
Posts: 997
gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of gc28262 has much to be proud of
Default

Quote:
Originally Posted by amengiv View Post
Thanks a lot for the info!

But it does not seem to be what I want. I recalled that USCIS allowed many people to file I485 again in September and October 2007 after people sending flowers to USCIS and I believe that the immigration law firm hired by a big financial company(my previous employer) was competent enough to know that they could only file my application when PD became current.

Now I just could not find any solid info on USCIS website to prove that my PD was current(in October, 2007) when it was filed.

Thanks a lot!
Andrew
You just need to know your priority date and receipt date of I-485 to know whether you filed in proper timeline.

July Fiasco period ended on Aug-17-2007. So you don't fall under July Fiasco.
Bookmark and Share Compare Reply With Quote


  #6 (permalink)  
Old 02-23-2010, 07:18 PM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 12
amengiv is infamous around these parts amengiv is infamous around these parts
Default

My PD is March 2006 and receipt date is 10/03/2007.

The strange part is that even USCIS could miss the date by accepting the application and issuing the receipt number in October 2007, it was definitely unimaginable that the law firm and me could file I485 when the visa bulletin had 01/01/2006 there then.

After 30 months, they rejected it. Just so wierd!
Bookmark and Share Compare Reply With Quote


  #7 (permalink)  
Old 02-23-2010, 08:14 PM
Senior Member
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Sep 2006
Posts: 776
roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
Default

Quote:
Originally Posted by amengiv View Post
My PD is March 2006 and receipt date is 10/03/2007.

The strange part is that even USCIS could miss the date by accepting the application and issuing the receipt number in October 2007, it was definitely unimaginable that the law firm and me could file I485 when the visa bulletin had 01/01/2006 there then.

After 30 months, they rejected it. Just so wierd!
What is weird is that your law firm filed your I-485 application even though your PD was not current. USCIS might have overlooked it just because of huge number of I-485 applications they received during that time frame. Are you sure 10/03/2007 is the receipt date and not the notice date. Receipt date is the date on which USCIS physically received your I-485 application by mail. Notice date is when they data-filled your application into their system and generated a receipt notice. Notice date is what is seen in online case status, not the actual receipt date. But whether an application is acceptable or not is determined by the physical received date (receipt date). Check your I-485 receipt notice and make sure again. If your receipt date is in fact 10/03/2007, then you are out of luck.
Bookmark and Share Compare Reply With Quote


1 out of 1 members found this post helpful.
  #8 (permalink)  
Old 02-23-2010, 09:10 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
04/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Oct 2007
Posts: 52
dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold
Default pls help...little confuse here...

Quote:
Originally Posted by desi3933 View Post
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

[From pdf file]
Q14: USCIS’ July 17, 2007 press release stated that USCIS would accept applications filed not later than August 17, 2007. Does this mean applications delivered on August 17, 2007 will be accepted but those arriving August 18, 2007 will be rejected?
A14. Yes


http://www.uscis.gov/files/pressrelease/FAQ2.pdf

http://www.uscis.gov/files/pressrelease/FAQ3.pdf



_________________
Not a legal advice.


On my I485 online status says" we received your file on September 26,2007.......


is there any problem with august 18th deadline????

pls reply
EB-3 india
PD-june 2004
Bookmark and Share Compare Reply With Quote


  #9 (permalink)  
Old 02-23-2010, 09:15 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Quote:
Originally Posted by dval_dpal View Post
On my I485 online status says" we received your file on September 26,2007.......


is there any problem with august 18th deadline????

pls reply
EB-3 india
PD-june 2004
What is the "Received date" (RD) on your 485 receipt notice? If that is before the deadline, you will be fine. If not, you may have a problem.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
Bookmark and Share Compare Reply With Quote


  #10 (permalink)  
Old 02-23-2010, 09:34 PM
Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
04/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Oct 2007
Posts: 52
dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold dval_dpal is a splendid one to behold
Default thank you

thank you sir,

i was scared to death....as soon as i got your reply i searched all my files and found RD is before deadline...

thank you once again
Bookmark and Share Compare Reply With Quote


  #11 (permalink)  
Old 02-23-2010, 09:39 PM
Senior Member
Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2009
Compare
Join Date: Nov 2007
Posts: 395
kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute kondur_007 has a reputation beyond repute
Default

Quote:
Originally Posted by dval_dpal View Post
thank you sir,

i was scared to death....as soon as i got your reply i searched all my files and found RD is before deadline...

thank you once again
You owe me a beer!! Good Luck.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
Bookmark and Share Compare Reply With Quote


  #12 (permalink)  
Old 02-23-2010, 09:43 PM
Senior Member
Priority Date
:
N/A
Category
:
Others
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Feb 2006
Posts: 205
pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute pmpforgc has a reputation beyond repute
Default You need to get involved with your immigration process

Quote:
Originally Posted by amengiv View Post
My PD is March 2006 and receipt date is 10/03/2007.

The strange part is that even USCIS could miss the date by accepting the application and issuing the receipt number in October 2007, it was definitely unimaginable that the law firm and me could file I485 when the visa bulletin had 01/01/2006 there then.

After 30 months, they rejected it. Just so wierd!
Sorry to hear your news.

I think USCIS will accept any form (I-485 for any thing else you want to file !) as long as you submit the FEE to process Your form (application). They did not made any mistake as far as I know in accepting your application and issuing you a RECIPT for getting your application. It is just a simple receipt to confirm that you filed a Certain form and here is TRACKING NO ( USCIS call it RECIPT NO) for your form.

I understand that it is YOURS and YOUR LAWYERS responsibilty to Make sure that you are filing a proper form at proper time.

Lets talk about Lawyers first, When I filed my immigration papers I checked the papers/form that my Lawyer/s where filing (just to mention I tried to get experienced lawyers). When I cheked the forms and Papers I was really shocked with the types of and frequency of errors the Paralegals do in the paper work. Most of the time lawyers does not have that much time most of the paper work is done by Para legal staffs. So then I started asking and checking for the each papers/forms that was submitted on my behalf by lawyers. Let me mention here that at the end I was happy with lawyers that selected for my immigration process. Why not because they did very good paper work (I did more paperwork then paralegals at my lawyers office and lawyers just signed and submitted papers) BUt the fee that I paid to my lawyers were still very satisfied to me, because the pathways and legal ideas that they gave me for my immigration process.

It is your immigration process and you need to own it, dont try to put any more blame to USCIS and your Lawyers then they are entitled to. You should own your immigration process. Lawyers just give you right ideas and process your case papers between you and USCIS.

I should not write all these at this difficult moment for you. I also dont know what will be follow up action, only RIGHT attorney can guide you properly,

But I would advise you that now onwards you need to OWN and DIRECT your immigration process and FULLY UNDERSTANT WHY CERTAIN FORM IS FILED ON YOUR BEHALF and IS IT RIGHT FORM OR NOT AT THAT TIME FOR YOU.

Hope this help you atleast in your future immigration process.

Hope your future steps will secure your green card as soon as you you PD become CURRENT.
Bookmark and Share Compare Reply With Quote


2 out of 2 members found this post helpful.
  #13 (permalink)  
Old 02-23-2010, 09:52 PM
Senior Member
Priority Date
:
Aug-05
Category
:
EB2
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/28/2007
Compare
Join Date: Jul 2007
Posts: 369
ski_dude12 is a splendid one to behold ski_dude12 is a splendid one to behold ski_dude12 is a splendid one to behold ski_dude12 is a splendid one to behold ski_dude12 is a splendid one to behold ski_dude12 is a splendid one to behold ski_dude12 is a splendid one to behold ski_dude12 is a splendid one to behold
Default

What is your current status? Are you on Adjustment of Status or still on H1?

If you are on H1, then there shouldnt be any issue except that you would have to wait for your date to be current before you can file your I-485 again. If you were on EAD then you should immediately get in touch with an experienced lawyer.
Bookmark and Share Compare Reply With Quote


  #14 (permalink)  
Old 02-23-2010, 10:38 PM
Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Nov 2009
Posts: 67
sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute sanz has a reputation beyond repute
Default

ya thats real scary. When I enterd my LIn# , I also saw Oct 4 as the date there. Later realised that is the Notice date while Aug16th is the receipt date.
wonder when USCIS will come up to the 21st century. they are still in stone age
Bookmark and Share Compare Reply With Quote


  #15 (permalink)  
Old 02-24-2010, 10:14 AM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jan 2010
Posts: 12
amengiv is infamous around these parts amengiv is infamous around these parts
Default

Thanks a lot for all your help!

I just checked that my notice date was 08/01/2007 instead of 10/03/2007.

Now, I guess I have to file an MTR to let them to reopen my case. It seems that MTR takes weeks or months to process. While I am waiting for the result of MTR, can I start to work with my current EAD?

Andrew
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
EAD denied, i485 pending maceanfin Self-filing, documents, forms, directions, mailing. 4 02-10-2010 10:12 PM
I485 - Denied, Please Help me gcfever2007 Ability to pay issues and other 140 RFEs etc. 19 05-26-2009 12:01 PM
I485 Denied - I140 RFE not processed H1B-GC-NY Receipt tracker of 485, EAD and AP applications 0 04-14-2008 06:16 PM
Help! I485 denied... mohitb272 Retrogression, priority dates and Visa bulletins 13 03-21-2008 10:09 AM
I485 denied winniyin Receipt tracker of 485, EAD and AP applications 1 01-16-2008 12:21 PM



All times are GMT -4. The time now is 12:07 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org