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| Hello, I'm skurab
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My nationality is India
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I last logged in on 02 Oct 2008
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I have been a member since 20 Aug 2008
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| I have added
27 posts in trackitt forums
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I added my last post on 08 Sep 2008
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skurab's Immigration Cases
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| I-485 case:
Denied after 392 days (1 comment) (View approval trend) |
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| User: |
skurab |
Priority Date: |
01 May 2003 |
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| Service Center: |
Nebraska |
Category: |
EB3 |
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| Application Mailed: |
18 Jul 2008 |
USCIS Received Date: |
25 Jul 2007 |
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| USCIS Notice Date: |
20 Aug 2007 |
Filing Type: |
non-concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
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| Fingerprinting Date 1: |
28 Sep 2007 |
Fingerprinting Date 2: |
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| RFE: |
no |
RFE Reply Date: |
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| Name Check Status: |
too early to say |
Name Check Approval/Denial Date: |
N/A |
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| I-485 Status: |
denied |
Denial Date: |
20 Aug 2008 |
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| Card Ordered Date: |
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Card Received Date: |
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| EAD Applied: |
yes |
AP Applied: |
yes |
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| EAD Approval Date: |
04 Oct 2007 |
AP Approval Date: |
14 Nov 2007 |
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| Nationality: |
India |
Country of Chargeability: |
India |
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| Applicant Type: |
primary |
Last Updated: |
20 Aug 2008 |
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| Notes: |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: I-485 Denial Notice : Help Requested
Yes, actually, my attorney said they'll get back to me with available options, I'm guessing MTR should be one of them. A week's time to accept the MTR is fair enough. Thanks guys. I'll keep you posted. |
Topic: I-485 Denial Notice : Help Requested
Hi All,
Just as an update, I got the reason for denial of my I-485. USCIS says that the denial was based on the "withdrawal" of the I-140 which I applied through a different employer B than my current employer A. The I-140 of my current employer is still in PENDING status.
My attorney says we don't have to file for an MTR because MTR has it's own processing times but we need to send some document to USCIS so that they will bring my I-485 application back to PENDING status.
Does anybody know what this document is which is NOT MTR?
Also, should this document be sent within 30 days of the date on the Denial Notice which is 20 August, 2008?
Thanks. |
Topic: I-485 Denial Notice : Help Requested
The received date and notice date of my I-140 are July 10, 2007 which means I was well within the July 16, 2007 deadline for pre-approved labors set by USCIS. |
Topic: I-485 Denial Notice : Help Requested
Hi bhanu1225, I do not have the A# on the revoked I-140. Once I receive the I-140 receipt notice today from my employer, I should be able to check the A# on both the current I-140 which is under process and the I-485.
The other thing is, I received the EAD renewals I applied for me and my wife just today in the morning. And the expiry is in Aug., 2010. They gave a validity for 2 years which was odd, I thought they give validity only for 1 year and we need to renew EAD every year. In any case, as my I-485 is denied, I think they are not valid anymore.
The other strangest thing I observed in my Portfolio at USCIS Case Status Online (https://egov.uscis.gov/cris/logon.do) is the following:
1. The summary of my current I-140 shows the following:
E-mail Last Updated
(mm/dd/yyyy) Form # Form Title
Y 07/27/2008 I140 IMMIGRANT PETITION FOR ALIEN WORKER
As you can see, it shows the Last Updated date as 2008, but when I go into the actual message, I see the following:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case received and pending.
On July 10, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
As you can see, it still shows the date as 07/10/2007. Does this mean that USCIS actually might have sent an RFE before sending the Denial Notice which my attorney might have missed or did not receive due to postal issues? |
Topic: I-485 Denial Notice : Help Requested
Thank you kiranreddy. I hope it was a mistake. I sure will be prepared to file for MTR and will keep everyone posted. |
Topic: I-485 Denial Notice : Help Requested
Hi gcdedoyaar, yeah, I always wanted to keep it straight knowing about USCIS. But desperation overruled my judgement during the July, 2007 fiasco. My I-485 is tied to I-140. Actually, how should I figure out which I-140 my I-485 is tied to? My I-140 and I-485 were both filed by my employer's attorney.
It would be horrible if USCIS DENIED my I-485 based on the revoked I-140 !!! |
Topic: I-485 Denial Notice : Help Requested
Thank you for the response gxr1. I wish USCIS was wrong about my 'B' company's revoked I-140. |
Topic: I-485 Denial Notice : Help Requested
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. |
Topic: I-485 Denial Notice : Help Requested
Hoping the same MrVulcan, for an USCIS error. |
Topic: I-485 Denial Notice : Help Requested
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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