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Topic: I-485 Denial Notice : Help Requested
Hi All,
I received a notification from USCIS that they sent a "Denial Notice" for my I-485 application and my wife's I-485 application. They mentioned that they stated the reason in the document that they mailed. I am worried a lot about this. Could you please let me know what I should be doing now? What could possibly be the reason for Denial? If it is an RFE they don't have to Deny it. Moreover, my I-140 is not yet processed and I applied in EB3 category and my priority date is in 2003. I took a pre-approved labor from my employer and applied in August, 2007 when they had an extension after the official deadline for pre-approved labor on July 16, 2007.
I applied for I-140 and I-485 simultaneously.
Will this invalidate my EAD and my wife's EAD? Moreover, we applied for extension of our EAD and USCIS already deducted the amount of about $325 for each application.
I would really appreciate if you can give me some advise and information on this.
Thank you.
Please see below for the notification I received.
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Denial Notice Sent
On August 20, 2008, we mailed you a denial decision notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the August 20, 2008, please call customer service at 1-800-375-5283 for further assistance.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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I think only reason you might provide adequate reason for your labor replacement.
Hope this will be the reason and if this is a reason you can appeal the decision and provide reasons you did this.
Hope this will help.
thanks
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Pl add your case to trackitt tracker, so that more people can comment or help you.
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Hi Skurab Is you I-140 approved or still pending ???
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I am wondering, his case is EB3 with a PD of 2003 & right now the visa # is unavailable, so how did they send a denial notice.
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Yur 140 might have been denied. This might be the reason.
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Thank you for your response mohdpervaz. Hope MTR will help my case.
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hello irock, I actually could not find where trackitt tracker is on the website. Any pointers to it are appreciated. Thank you once again for the suggestion.
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Hi reddy18, my I-140 is still pending. And it is in Texas backlog center.
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Thank you for the comment Dojo. My concern was the same and it blew my mind when I saw the Denial notice email sent by USCIS.
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Thank you for the response kiranreddy.
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Thank you for the comment Dojo. My concern was the same and it blew my mind when I saw the Denial notice email sent by USCIS.
I can think of only two reasons, either your I-140 is withdrawn or denied. |
Hi gcdedoyaar, thank you for your valuable suggestion and concern. I will post the details of the denial notice once I receive it. Yes, I am currently on H1B. Hopefully, USCIS will accept the MTR. Does MTR have it's own priority dates? Or do I get back to the start of the queue again?
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Skurab,
Here is the link to add your case: http://www.trackitt.com/addmycase/
I am sorry to be the bearer of bad news, but I think your chances of approval are small unless you applied the I-140 before July 17, 2007 or applied to the DOL to have the labor transfered to your name before that date. If you did I have no idea why your I-485 was denied, but if you didn't here is why:
Labor substitutions that was not approved or in process with DOL or USCIS before July 17, 2007 will not be accepted due to new DOL regulations. (http://www.murthy.com/nflash/nf_051607.html) If you filed I-140 in August 2007, and you hadn't applied to DOL to transfer the LC to your name before July 17, 2007 (no need to apply to DOL if I-140 was applied before the deadline) your LC will not be accepted. So what has probably happened is that your I-140 has been denied, and consequently the I-485 has been denied. I know you said your I-140 is still pending, but it is not uncommon that the status change for I-140 is delayed with one or more days.
I am no lawyer and I can be wrong about the reason for your denial, so please wait for the denial letter and talk to your lawyer as soon as posible to find ways to a) save your application, or if that cannot be done b) save your status so you can apply again with your own PERM LC (if you are currently on H1 or L1 that should be no problem).
ADDITION: The time period during which all categories was Current was extended into August, but I have not heard anywhere that the labor substitution deadline was extended. Please let me know if I am wrong and provide a reference if possible.
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Thank you for the link irock
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I am wondering, his case is EB3 with a PD of 2003 & right now the visa # is unavailable, so how did they send a denial notice.
The USCIS can deny a I-485 at any time, for instance if they find it is not approvable during initial review or if I-140 is denied. They only need a visa number to approve, not to deny. |
MrVulcan : Makes sense for what you said. I agree.
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Thank you for your response MrVulcan. My I-140 was filed before July 16, 2007, but my I-485 was received by USCIS on 25 July, 2007. It is very excruciating to know that my I-485 has been denied.
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skurab, so sorry to hear abt ur denial...
as many suggested i think ur 140 was denied.. did u change ur employer in the recent times? any rfe?
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Straight denial means, definitely Employer revoked your 140. MTR will put you back in processing
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I know that the USCIS stopped substitution of labor last yr. not sure whether it is in July or later but around that time. Could it be because of this. that you used subsitution labor after it was stopped?
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Thank you for the response Trackbuzz. No I did not change my employer and there was no RFE also not even NOID. Yeah, even my attorney says so that my I-140 might have been denied. But he also said that my company had 100% approval rate and he will have to apply for an MTR. And I applied for labor substitution before the law came into effect i.e. 16 July, 2007. Have to wait and see.
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vkgc2005, thanks for your response. No, my employer did not revoke my I-140.
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skurab, very sorry to hear that....did they send you NOID? WHen you substituted the labor were the profile,skills matching to your profile and skills? I suspect 140 caused your denial......do you work for small consulting company?
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The extension you speak of, that ran through August, pertained to the Visa Bulletin and resulting 485 filing eligibility. The July fiasco, as we now call it, had no direct impact on I-140s at all (although 140 premium processing was stopped effective July 1st, 2007 due to the resulting deluge of applications).
Unfortunately, I don't believe that a substitute labor certicate, which was no longer accepted after July 16th, 2007 would be considered valid for the purposes of supporting an immigrant worker petition. The matter of labor certificates was quite separate from the visa bulletin issues of that period and no specific extension to the ruling was made.
Thus I would guess at the likelihood that your I140 was denied for not having a valid supporting labor certificate. And once that is denied, the 485 is also denied.
As Mr. Vulcan said, you will likely need to get things rolling ASAP with a new PERM. Depending on how much time you have left on your existing application, it's important that you get a move on with this.
Best of luck to you.
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Thanks and sure Trackbuzz, I will post the reason for denial.
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No gimmegreen, my company has over 150 employees and there is a 100% approval rate. Not sure what's going on with mine !!!
Yes, the skills were matching my profile. BTW, how does USCIS match the profile, resume and experience letters?
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Thank you for your response and suggestions DoItLegally.
If I have to file an MTR, does it have to be within 30 days of the Denial notice (i.e. 20 Aug., 2008) ?
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skurab : If u applied for I-140 before July 16th 2007 based on the Labor Substitution which was still valid at time of I-140 Application, then how can they deny your I-140.
Looks like they denied the I-140 because when they adjudicated your I-140, the Labor Substitution was invalid.
But it was valid when u filed for the I-140
So USCIS has applied the Labor Substitution Invalidation rule Retroactively............
So your lawyer has a case for the MTR. Talk this with your lawyer...
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Sure eadSeeker. Makes sense, thank you for your response.
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skurab: I was exactly in the same situation last month. As most of the members mentioned here, it might be I-140 denial which caused I-485 denied. Don't worry, file MTR as quickly as possible, It might take approximately 2 weeks to get these I-140 and I-485 back to pending. If your EAD/AP renewals are not adjudicated by that time, good chances of getting these renewed once your I-485 back to pending status.
I hope every thing will be set right in couple of weeks. Be prepared to get Form G-28 signed with your attorney so that will save some mailing time. Keep us posted.
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.. and there is a 100% approval rate.
Not anymore, sorry. |
.. and there is a 100% approval rate.
Not anymore, sorry.
OOPS thats evil !!!!!!! |
It could be for many reasons... Did you switched jobs.. could be your old employer revoked 140 and USCIS doesn't know about AC21... Wait for the letter... and put more details so that people can respond...
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Thank you for your response MrVulcan. My I-140 was filed before July 16, 2007, but my I-485 was received by USCIS on 25 July, 2007. It is very excruciating to know that my I-485 has been denied.
Thats good news! You need to wait for the denial notice, but I think whatever it is can be faught as you are clear of the substitution deadline. Let's hope it is an USCIS error.
Good luck! |
Thank you for your response MrVulcan. My I-140 was filed before July 16, 2007, but my I-485 was received by USCIS on 25 July, 2007. It is very excruciating to know that my I-485 has been denied.
I am confused now. Here yu say you filed BEFORE July 16, 2007. If that is the case, then the LC is valid. It's just a matter of the adjudication itself.
However, your initial post says
I took a pre-approved labor from my employer and applied in August, 2007 when they had an extension after the official deadline for pre-approved labor on July 16, 2007.
I applied for I-140 and I-485 simultaneously.
So please, which is it? |
Hi bhanu1225, thanks a lot for your response and explanation. It really helped recuperate my energy. Will keep you posted about the advances in my case.
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ajju, thanks for your reply. Actually, at the time of this July fiasco, in the urge to apply for a substitute labor, I found an employer 'B' who had an EB2 with priority date in 2001 and I applied for it while I was working for a different employer 'A'. But I figured out that employer 'B' did not have any employees at that point, he was trying to restart his company after a 4-year gap in revenues, so I decided to stick to my original employer 'A' who provided me the I-140 that I currently have.
So, the I-140 that I applied through employer 'B' actually got revoked because I did not choose to stick with them.
Does this effect the I-140 applied by employer 'B'?
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Hoping the same MrVulcan, for an USCIS error.
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Hi DoItLegally, I apologize for the confusion. Actually, I was looking into the emails and receipt notices sent to me by my employer and figured out that my I-485 was actually received by USCIS on 25 July, 2007. But, when I sent both the I-140 and I-485 related documents to my employer, he actually told me that they were only able to send my I-140 before the 16 July, 2007 deadline. And only after USCIS reopened the date to accept I-485 applications in the first week of August, 2007, that's when my attorney said they sent my I-485 application also.
But looking at the receipt date on my I-485 application, looks like they might have filed my I-140 and I-485 simultaneously. I requested for a copy of my I-140 receipt notice from my employer to see the receipt date and notice date tomorrow and need to figure out when it was actually sent to USCIS and whether they were filed concurrently.
BTW, will USCIS count the "Receipt Date" or the "Postmark Date" to be considered as applied before 16 July, 2007 which was the official deadline for accepting Pre-approved LCs?
Thanks.
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My 485 was denied too, due to a revoked I-140. Be ready to file MTR. That's the only way out. It has to be done within 30 days of the denial. Unfortunately, you wont know about the denial until you see the letter and that consumes another 5-6 days. So, effectively you will just have around 25 days to respond.
Some of us have been through this process. Let me know if you have questions on MTR.
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Hi skurab, you have two 140s. This might have caused the issue. Do you know to which 140 your 485 tied to and more over look at Bhanu's case, you will get good idea and i believe USCIS has denied your 485 by mistake. So go thro' bhanu's previous post regarding 485 denial and be prepared to file MTR. Wish you good luck.
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My I-485 was denied and got USCIS email today. I changed job in last week of March and sent AC21 in 3rd week of April. What should I do? My old employer revoked I140 and H1. Please suggest about this case.
Thanks
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My I-485 was denied and got USCIS email today. I changed job in last week of March and sent AC21 in 3rd week of April. What should I do? My old employer revoked I140 and H1. Please suggest about this case.
Thanks
Did you change job before 180 days or before I-140 getting approved? |
My I140 approved in December 15, 2005, I485 RD is Aug 10, 2007, Notice date is Sept 24, moved to new job on March 31, 2008. After 180 days, I moved to new job.
thanks
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My I140 approved in December 15, 2005, I485 RD is Aug 10, 2007, Notice date is Sept 24, moved to new job on March 31, 2008. After 180 days, I moved to new job.
thanks
Was the job in same or similar category? |
My I140 approved in December 15, 2005, I485 RD is Aug 10, 2007, Notice date is Sept 24, moved to new job on March 31, 2008. After 180 days, I moved to new job.
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If your new job was in the smae category and still resulted in a 485 denial, then this is an absolute shocker. USCIS has thrown all the rule books out of the window then.
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THey should have issued an RFE or a NOID. You can file an MTR and get back on track. Its a pain and an expensive process.
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Users currently subscribed this discussion: MrVulcan, reddy18, pdrecapturing, Dojo, lagerahogc, gxr1, hopefultoo, bhanu1225, kiranreddy, h4hir, Trackbuzz, godsgift1973, Rizi39, ShyBoy, kerao, mohdpervaz, skurab
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