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  #1 (permalink)  
Old 05-11-2009, 09:16 PM
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gcfever2007 is infamous around these parts
Default I485 - Denied, Please Help me

Hello IV Gurus

I have just received an email hours ago today from CRIS stating my 485 denial notice sent,

I know the reason behind this, I have appealed I290B for I140 denial decision 10 days ago. Since i already applied for my I-140 apeal, can i file an MTR for 485?

Please suggest me.

Your help will save my sleepless nights.

Thanks all in advance.
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  #2 (permalink)  
Old 05-11-2009, 09:24 PM
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Quote:
Originally Posted by gcfever2007 View Post
Hello IV Gurus

I have just received an email hours ago today from CRIS stating my 485 denial notice sent,

I know the reason behind this, I have appealed I290B for I140 denial decision 10 days ago. Since i already applied for my I-140 apeal, can i file an MTR for 485?

Please suggest me.

Your help will save my sleepless nights.

Thanks all in advance.
Sorry to know this..Hope you are still working on H1, else this will invalidate your EAD and you will have to stop working. Since your I-485 denial is based on I-140 denial, I would think you cannot file a MTR for I-485 until your appeal for I-140 denial is accepted and your I-140 case is re-opened for processing. This is my opinion only....Good luck with your 140 appeal.
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  #3 (permalink)  
Old 05-11-2009, 10:33 PM
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gcfever2007 is infamous around these parts
Default

Roseball, thanks very much for your reply.

Guys

Can somebody please help me with more replies, for me the above reply doesn't seem to be more convincing.

Yes i am on EAD, my 7th year h1 is pending from 1 year no rfe till now, i am already due for applying 8th year,

My EAD is valid till oct 2010, at this point since i have applied for 140 appeal, can we not apply an MTR on 485 stating 140 appeal has been applied , so requesting to open 485?


Thanks
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  #4 (permalink)  
Old 05-11-2009, 10:39 PM
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Quote:
Originally Posted by gcfever2007 View Post
Roseball, thanks very much for your reply.

Guys

Can somebody please help me with more replies, for me the above reply doesn't seem to be more convincing.

Yes i am on EAD, my 7th year h1 is pending from 1 year no rfe till now, i am already due for applying 8th year,

My EAD is valid till oct 2010, at this point since i have applied for 140 appeal, can we not apply an MTR on 485 stating 140 appeal has been applied , so requesting to open 485?


Thanks
Please cool down, everything will be alright..
I dont think 485 or EAD/AP can be appealed/MTR'd based on I-140 appeal. To my knowledge, they will remain in denied status as long as 140 is in MTR/appeal. And once 140 gets cleared, they can be reinstated. Also I guess H1 can be extended in one year exttensions based on 140 appeal pending state. I may be wrong, please check with attorneys or more experienced guys here.
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  #5 (permalink)  
Old 05-11-2009, 10:43 PM
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Default

Quote:
Originally Posted by roseball View Post
Sorry to know this..Hope you are still working on H1, else this will invalidate your EAD and you will have to stop working. Since your I-485 denial is based on I-140 denial, I would think you cannot file a MTR for I-485 until your appeal for I-140 denial is accepted and your I-140 case is re-opened for processing. This is my opinion only....Good luck with your 140 appeal.
Didn't happen this way in my case. My 485 was denied coz of 140 denial (concurrent filier, July 2007). Lawyer filed for 290B for 140 and Motion to reopen for 485. Both are pending.

hope this helps.
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  #6 (permalink)  
Old 05-11-2009, 11:28 PM
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Default

Hi All,

I am in a similar situation
I am a July 2007 485 filer.I had to file twice(two sets of I-485) as first set was not
traceable by FEDEX,so filed twice with same Approved I-140.I got two receipts,EAD,FP etc

Today I got a Denial Notice for the later I-485,I am still awaiting the physical Copy

Would appreciate if someone with simlar situation can help me out.

1) I am still using my H1B and valid till july 2011.Can I still continue to work on H1B
2) I am assuming the denial is due to duplicate Application,If that is not the case then
How do I make an appeal
3) I still have one of the I-485 in Pending state.
4) I have changed comapany(not with the company which filed GC) after 1 year and didn't use AC21
5) I checked online for I-140 and doesn't indicate that it has been revoked.

What coure of action I need to take

Would really appreciate.Also any one who appealed and can share the name of Good lawyer.

DEAIL:
EB2(INDIA)
Received Date : Aug 13th 2007,Aug 16th 2007(I-485)
I-140 APPROVED APRIL 29 2007
PD: June 15 2006

Would appreciate any help.Not getting good sleep.Very tensed.

Thanks

Anyone please help

Please Help help help ----------------

Hi All,

I am in a similar situation
I am a July 2007 485 filer.I had to file twice(two sets of I-485) as first set was not
traceable by FEDEX,so filed twice with same Approved I-140.I got two receipts,EAD,FP etc

Today I got a Denial Notice for the later I-485,I am still awaiting the physical Copy

Would appreciate if someone with simlar situation can help me out.

1) I am still using my H1B(after 3 yr ext based on I-140 approval) and valid till july 2011.
Can I still continue to work on H1B
2) I am assuming the denial is due to duplicate Application,If that is not the case then
How do I make an appeal
3) I still have one of the I-485 in Pending state.
4) I have changed comapany(not with the company which filed GC) after 1 year and didn't use AC21
5) I checked online for I-140 and doesn't indicate that it has been revoked.

What coure of action I need to take

Would really appreciate.Also any one who appealed and can share the name of Good lawyer.

DEAIL:
EB2(INDIA)
Received Date : Aug 13th 2007,Aug 16th 2007(I-485)
I-140 APPROVED APRIL 29 2007
PD: June 15 2006

Any one pleeeeeeeese Hellllllllllllp

Last edited by pappu; 05-12-2009 at 12:57 PM. Reason: duplicates in multiple forum threads merged
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  #7 (permalink)  
Old 05-12-2009, 12:56 PM
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Default

In my opinion you need to wait for the document listing the reason for denial before you jump to conclusions.

Wait and see what it says and then draft your response. Without details there's no point.
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  #8 (permalink)  
Old 05-12-2009, 01:08 PM
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boom is on a distinguished road
Default

1) I am still using my H1B(after 3 yr ext based on I-140 approval) and valid till july 2011.
Can I still continue to work on H1B


Can I still work on H1B ????

waiting for the physical copy
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  #9 (permalink)  
Old 05-12-2009, 01:26 PM
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gcfever2007 is infamous around these parts
Default

Boom

Your are really in a boom boom poistion, you have 3 years of valid H1B.

You dont have worry at all, yes you can continue working.



Quote:
Originally Posted by boom View Post
1) I am still using my H1B(after 3 yr ext based on I-140 approval) and valid till july 2011.
Can I still continue to work on H1B


Can I still work on H1B ????

waiting for the physical copy
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  #10 (permalink)  
Old 05-12-2009, 02:51 PM
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140 appeal has to be filed and also the 485 MTR based on the appeal at the same time has to be filed.
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  #11 (permalink)  
Old 05-12-2009, 03:14 PM
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boom is on a distinguished road
Default

I am a July 2007 485 filer.I had to file twice(two sets of I-485) as first set was not
traceable by FEDEX,so filed twice with same Approved I-140.I got two receipts,EAD,FP etc

Today I got a Denial Notice for the later I-485,I am still awaiting the physical Copy

Would appreciate if someone with simlar situation can help me out.

1) I am still using my H1B(after 3 yr ext based on I-140 approval) and valid till july 2011.
Can I still continue to work on H1B

2) I am assuming the denial is due to duplicate Application,If that is not the case then
How do I make an appeal
3) I still have one of the I-485 in Pending state.
4) I have changed comapany(not with the company which filed GC) after 1 year and didn't use AC21
5) I checked online for I-140 and doesn't indicate that it has been revoked.

What coure of action I need to take

Would really appreciate.Also any one who appealed and can share the name of Good lawyer.

DEAIL:
EB2(INDIA)
Received Date : Aug 13th 2007,Aug 16th 2007(I-485)
I-140 APPROVED APRIL 29 2007
PD: June 15 2006

Any one pleeeeeeeese Hellllllllllllp
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  #12 (permalink)  
Old 05-12-2009, 03:20 PM
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gcfever2007 is infamous around these parts
Default

How many times are you going to post the same question again and again in the same thread, can you please enter a seperate thread?


Quote:
Originally Posted by boom View Post
I am a July 2007 485 filer.I had to file twice(two sets of I-485) as first set was not
traceable by FEDEX,so filed twice with same Approved I-140.I got two receipts,EAD,FP etc

Today I got a Denial Notice for the later I-485,I am still awaiting the physical Copy

Would appreciate if someone with simlar situation can help me out.

1) I am still using my H1B(after 3 yr ext based on I-140 approval) and valid till july 2011.
Can I still continue to work on H1B

2) I am assuming the denial is due to duplicate Application,If that is not the case then
How do I make an appeal
3) I still have one of the I-485 in Pending state.
4) I have changed comapany(not with the company which filed GC) after 1 year and didn't use AC21
5) I checked online for I-140 and doesn't indicate that it has been revoked.

What coure of action I need to take

Would really appreciate.Also any one who appealed and can share the name of Good lawyer.

DEAIL:
EB2(INDIA)
Received Date : Aug 13th 2007,Aug 16th 2007(I-485)
I-140 APPROVED APRIL 29 2007
PD: June 15 2006

Any one pleeeeeeeese Hellllllllllllp
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0 out of 1 members found this post helpful.
  #13 (permalink)  
Old 05-12-2009, 03:49 PM
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Default stop spaming

Boom,
Mate, relax. don't get tensed so much. this is life. 30-40% ppl get RFEs and Denials.
2nd thing is, Y r u spamming this thread. If ppl are interested/have answers/have time to answer your questions then they will. no point in bump-ing the thread with a looong repetitive questions.

Now to your questions,
Yes you can work on H1B. EAD get invalidated if 485 is denied. Which is not your case. Re-appeal 140 and file MTR for 485 denial. Talk to your employer/lawyer.
This re-appeal, MTR business takes it own sweet time........

hope this helps and most imp take it easy. life's has more than a GC.
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  #14 (permalink)  
Old 05-12-2009, 04:28 PM
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boom is on a distinguished road
Default

Thanks for cooling down me.I will update when I have physical copy od the denial.

Again Thanks a lot.
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  #15 (permalink)  
Old 05-12-2009, 04:35 PM
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Default need info...!!!

I am sorry i am posting my query over here because I donít know how to start a new theread.

I want to ask from gurus that what triggers the USCIS to send the RFE for employment.

Please provide some information on it.

Thanks.
__________________
--------------------------------------------------
I-140 approved, TSC in Aug. 2006
Applied I-485 (Self and Spouce), TSC JULY 2007
PD: Dec. 2005
Category: EB3 ROW
--------------------------------------------------
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