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Topic: I 485 Denial notice email
I got status changed and email mentioning that I 485 was denied. Waiting for Physical receipt.
It is just a day after approval of EAD and 485.
Corporate lawyer sent AC 21 , got H1 transfered to new company - I 140 approved 15 months before.
Enquired with both companies and attornies - no pending RFE s.
Surprisingly it is straight deniel just a day after EAD and AP.
Not sure how to handle this situtaton.
- Ram
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It says that your PD is 2004 and EB3 india (so when your dates are not yet current how can they approve /deny your case ??
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First get the physical rfeject letter in hand before we can find any solution for this. Just sit back calm down and regain ur strength because u will need it to tackle this issue. Also search this site for more info on how people have dealt with this issue
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denial can be done anytime. May be his employer revoked the 140. But I could not understand how come they deny an approved 485. and how did u get 485 approved in first place when eb3 india dates have been retrogressed since ages.
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sorry it was not EAD and 485 - Please read that as EAD and AP.
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Yeah best to do is calm down and then wait for the physical mail containing the reason for denial . I believe there is MTR (Motion ro Reopen) the case. personally don't have much info about it, best to search this site.
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I got status changed and email mentioning that I 485 was denied. Waiting for Physical receipt.
It is just a day after approval of EAD and 485.
Corporate lawyer sent AC 21 , got H1 transfered to new company - I 140 approved 15 months before.
Enquired with both companies and attornies - no pending RFE s.
Surprisingly it is straight deniel just a day after EAD and AP.
Not sure how to handle this situtaton.
- Ram
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Check with your OLD company they might have revoked your approved I-140. this might be the reason for direct denial
if this is the case you do not need to worry find a good lawyer and file MTR you should be OK.
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USCIS has no cases to approve, so i guess they get stricter and have more time to go over cases and denies them.
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Hi sep04,
I feel sorry for you man. Hope your denial issue will get resolved soon thru MTR.
-IMG
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Most likely previous employer might have revoked the 140. Figure it out and however file MTR and fight, you have pleanty of time being eb3'ite.
I feel sorry and hate that kind of employer. And I guess your employer should be a Desi?
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sep04, sorry to hear abt your denial. Hopefully with MTR, the problem will be solved.
Was your previous employer a big company or a small one? Just trying to see if most of the companies cancel approved I-140 in situation like yours...
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15 months after 140 aproval is revoked seems harsh... did you apply for ac21 immediately or actually waited for 180 days.from the day of 485 filing ...
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Corporate attorney has applied after a month after joining.
I 140 doe s not show denial yet.
Not sure if it did or not , it is only 485 denial
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Thanks for all the support.
I am hoping for the same.
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Please tell us the reason as soon as you get the notice...
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Based on my readings on different forum, I-140 does not show denied online. YOu might have seen a soft LUD. I hope, things come on track with u. Please talk to your Senator/Congressman to inquire about your case. They can be very very helpful at times.
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this has to be a mistake sep04, i doubt you have a problem even if your prior employer revoked your approved i-140, since your i-485 has been pending for more than 180 days... you should be fine...
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I wonder why this case got adjudicated before his priority date is current?
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Got the denial notice today.
Repeat of story as expected - employer revoked I 140.
It seems Ac 21 letter never reaches to file .
My present corporate attorney sent AC 21 letter & G 28 way before the revoke of I 140.
Still Denial notice and that too sent to old attorney adress. Atorney is a nice person called me immediately on recipt of notice.
Anyways some relief and attorney filing MTR.
Thanks every one.
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Sep04,
Thank you for the post. We wish all goes well for you moving forward and USCIS corrects itself and approves your 485 soon. Wish you all the best.
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Gee Ii've been reading a lot of I-485 applications being denied because previous employer revoked I-140 and AC-21 was not filed/looked at by USCIS. Wonder if this is another tactic by USCIS to delay processing of cases... just like their retrogression of processing dates so folks who applied during the July '07 fiasco can't file an SR. Frankly, I wouldn't be surprised :(
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I'm still stumped as to why they adjudicated the case even if the pd is not current.
And sep04, I wonder if there was any confirmation at all from uscis that g28 was received?
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I'm still stumped as to why they adjudicated the case even if the pd is not current.
And sep04, I wonder if there was any confirmation at all from uscis that g28 was received?
I-140 revocation must have prompted it. They did it to reduce their future workload as it was a simple and easy enough reason to do so. |
These days USCIS is denying cases even when previor company does not revoke I140. My friends 485 denied becuase previos company sent letter to USCIS. Wording of the letter was something like this.
We wish to inform that this particular employee no longer work with us and here is his petition number and blah blah. There was no mention of withdrawing the I140 petition and some stupid jerk just revoked his I140 and then on top of that he denied 485 without issuing NOID. Its just a game to make more money.
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These days USCIS is denying cases even when previor company does not revoke I140. My friends 485 denied becuase previos company sent letter to USCIS. Wording of the letter was something like this.
We wish to inform that this particular employee no longer work with us and here is his petition number and blah blah. There was no mention of withdrawing the I140 petition and some stupid jerk just revoked his I140 and then on top of that he denied 485 without issuing NOID. Its just a game to make more money.
zandro,
Thanks. Great post. So helpful to many who are frustrated with the 486 approval wait period. |
I had 3 I-140 and all of them were approved and when I got my GC approved in June 9, I asked my attroney to give me back all the documenst I had given them because they were gonna thrash them because its of no use to them. And when I received the pile and when through each and every paper I came to know that one of my I-140 was revoked and the reason USCIS gave was that either the employer or Lawyer had requested for it, infact no one had asked the USCIS to revoke any of my I140. And my lawyer had to send them a mail telling them that it was a mistake from USCIS part because nor the employer nor the lawyer has requested it.
Uscis can make many mistakes we just have to be on top of it. And I know its a painful process to get things corrected with USCIS.
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I am also in a process of invoking AC 21. I have talked to my current company attorney and they have told me that my I 140 wont be revoked and also I am keeping my I 485 attorney who has filed my I 485 application to prepare the documentation to be sent to USCIS. Denial like these scares the heck out of me.
Do people have advise on how to got about my AC 21 application?
My new employer has promised me to put the same job title and job description as it was in my labor certification and also they have promised me that my I 140 wont be revoked.
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Never Use AC 21 unless and otherwise it is the last resort. The rule is vague and there is no application process, receipt number etc., You have to bank on the officer's interpretation.
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vaitheeswaran, This is my last resort. I have already accepted a position and there is no going back and my new employer dont sponsor H1B, so AC 21 is the last resort for me.
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ChiWhiteSox,
Did you had two approved I-485s?
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suu1980, that's not what vaitheeswaran means,
he/she is only saying not to send any AC21 letter to the USCIS. It is not your obligation to inform the USCIS that you are using AC21 to switch employers. People do it because they want to be transparent with the USCIS up front, but sending the letter raises questions within IO's...
so he is only saying to keep quite about it and respond only when USCIS inquires, it is your obligation to respond to any RFE's issued and come transparent with the USCIS, clarifying your change of employement and possibly submitting letter of employment from the new company that verifies same duties as described in the labor certificate, only if they inquired.
Hope that helps.
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i thought that revoking an approved i-140 after an AC21 has been invoked bears no effect whatsoever, i.e. that is what AC21 is for - to protect you against that very possibility.
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revoking an approved i-140 after 180 or more days of i-485 pending bears no effect...
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Ram,
Just curious are you using cross-chargability to a country other than India? Also did you file under EB3 with a PD of Sep, 04?
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suu1980, that's not what vaitheeswaran means,
he/she is only saying not to send any AC21 letter to the USCIS. It is not your obligation to inform the USCIS that you are using AC21 to switch employers. People do it because they want to be transparent with the USCIS up front, but sending the letter raises questions within IO's...
so he is only saying to keep quite about it and respond only when USCIS inquires, it is your obligation to respond to any RFE's issued and come transparent with the USCIS, clarifying your change of employement and possibly submitting letter of employment from the new company that verifies same duties as described in the labor certificate, only if they inquired.
Hope that helps.
AC21 is a formal procedure and if one plans to use it before 485 approval, it should be done correctly through a lawyer. You can't hide it from USCIS because it will come to their attention anyway, one way or another. For example they may ask for paystubs or W2s to verify your employment or send an RFE before 485 approval or during the Citizenship interview 5-6 years later it could be asked.
Check out this http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
Please also see the following post from Adrian Mutu regarding how he used AC21: http://www.trackitt.com/discussion-forums/i485-1/113742299/ |
Wtng4Ever,
You have misinterpreted my post. I didn't not imply you have to hide your change of employment, i only said that you are not obligated to inform unless the USCIS inquires. If they do inquire, you THEN have the obligation to respond, and you must invoke AC-21, no doubt about that...
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Wtng4Ever, good points
AC21 is a formal procedure and if one plans to use it before 485 approval, it should be done correctly through a lawyer.
//I agree, that is why I have decided to keep my I 485 attorney to do that paperwork for AC 21 even though it is costing me 1000$, since my attorney is same so I dont need G-28
You can't hide it from USCIS becuase it will come to their attention anyway, one way or another. For example they may ask for paystubs or W2s to verify your employment or send an RFE before 485 approval or during the Citizenship interview 5-6 years later it could be asked.
//True. i agree again. No need to hide. They will find out sooner or later. Why to cause un-necessary delays in I 485 processing.
Thanks for the post. It was helpful.
My current employers attorney has relations with my I 485 attorney and my current employers attorney has promised to transfer the paperwork to my I 485 attorney and once done he is going to prepare employement verification letter for USCIS which I am going to take to my new employers HR to get it printed on a company's letterhead and signed it by them.
They have also agreed to keep the job title and job description same as it was in my labor certificate.
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So can you explain why a lawyer is needed? What is so complicated about it? Or some special secret knowledge is needed to file AC21 that only a lawyer knows how to do it?
Did you also use a lawyer to file your I-485, EAD and AP?
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I got actual denial notice and it is due to revoke of I 140 by previous employer.
Ac 21 never reached file it seems even though it was sent well before revoke. They also sent the notice to old attorney despite of G 28.
Anyways old attorney is kind enough to call me immediatly to call me and inform me about notice and forwarded it to my present company attorney.
So it is not AC 21 which clicked this and infact attorney says it is clear mistake from USCIS and he is in the process of raising MTR now.
Thanks for all the support and will update here the progress.
- Ram
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I feel, when they review the appeal they will decide in your favor.
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So as we can see a lawyer did not really make any difference. More over, it is possible that the lawyer has never sent AC21 notice to USCIS and that's why they issued a denial. So involving a lawyer in such a case is really a disadvantage because most lawyer are really negligent and they simply don't care. I think an educated person (and most of EB applicants are) who knows how to read and write can send a notification about AC21 to USCIS without any lawyer and keep themselves out of trouble this way.
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So as we can see a lawyer did not really make any difference. More over, it is possible that the lawyer has never sent AC21 notice to USCIS and that's why they issued a denial. So involving a lawyer in such a case is really a disadvantage because most lawyer are really negligent and they simply don't care. I think an educated person (and most of EB applicants are) who knows how to read and write can send a notification about AC21 to USCIS without any lawyer and keep themselves out of trouble this way.
No one would take a chance proceeding without a lawyer on their side on this issue. |
sep04, don't worry much about that denial. If you search trackitt you will find plenty of people who had their I-485 denied but got quickly approved after MTR. I think the fasted turnover was about 1 month. Just hire a good lawyer and handle it correctly.
Regarding AC21, I believe most of the AC21 notifications don't reach the case, they are just being shredded. After July 2007 fiasco there were hundreds of thousands of people who became eligible of AC21 and changed their jobs. It's just impossible for USCIS to toss around hundreds of thousands of boxes with cases to stick there these AC21 notifications. I've heard from many lawyers that notifying USCIS is outright pointless, it is not required and nobody was denied because he/she didn't notify.
More likely in your case some dumb adjudicator just didn't think of AC21. MTR will go to his supervisor and he will be ordered to adjudicate your case.
hciniluk, lawyer might know things you miss reading the law. Just find a good lawyer - it will be worth the money you pay. If I knew that 8 years ago, I would be on my way to citizenship.
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"Good lawyers" only exist in the Hollywood movies, they don't exist in a real life. Read other posts were people describe MTR procedure. There is no reason you can't do it yourself.
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