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amengiv
02-23-2010, 05:45 PM
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!
:confused:
Andrew

desi3933
02-23-2010, 05:56 PM
....
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.

gc28262
02-23-2010, 06:41 PM
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 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3800.html)

amengiv
02-23-2010, 06:49 PM
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

gc28262
02-23-2010, 06:54 PM
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.

amengiv
02-23-2010, 07:18 PM
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!

roseball
02-23-2010, 08:14 PM
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.

dval_dpal
02-23-2010, 09:10 PM
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

kondur_007
02-23-2010, 09:15 PM
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.

dval_dpal
02-23-2010, 09:34 PM
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

kondur_007
02-23-2010, 09:39 PM
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.

pmpforgc
02-23-2010, 09:43 PM
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.

ski_dude12
02-23-2010, 09:52 PM
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.

sanz
02-23-2010, 10:38 PM
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

amengiv
02-24-2010, 10:14 AM
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

CRAZYMONK
02-24-2010, 12:15 PM
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

You can't work

amengiv
02-26-2010, 11:13 AM
Hello,

Just want to give an update,

I went to Infopass appointment this morning and explained to USCIS that the receipt date should be 08/01/2007, so the immigration officer instructed me to reopen my case via Service Motion to Reopen(which is different from normal MTR).

Do you guys have filed a Service Motion to Reopen before? How long does it normally take? Can I start to work once I file it?

Thanks a lot,
Andrew

saketkapur
02-26-2010, 01:39 PM
talk to a lawyer regarding begining work.....do not land up doing something which might add to your woes.....

either post in the free lawyer advice section, post on ron gotcher's forum(he generally respnds)...........but still take advice from reputed immigration attorney and proceed through them....

at the end of the day we are not immigration attorneys and specifics of each case might be different.

just my 2 cents.......

zilmax007
02-26-2010, 03:22 PM
I'm a JULY-2-2007 485-filer with approved 140.
Mine & my wife's 485 got rejected in Sept-09, the reason was "My priority date was not current when I filed my I-485".
My attorney Ron Gotcher filed an MTR and it got fixed.
Also, I have written a letter to the secretary of Homeland Security Janet Napolitano explaining USCIS's blunder in my case. I got a written letter from her office saying my MTR has been approved and my I-485 got reopened.
But the status of my I-485 is still showing denied online,..i don't care as long as I have the proof from the USCIS HQ.

My suggestion is, if you feel there is a mistake from USCIS, write to the secretary they really respond to your request, we must stop USCIS acting crazy on some of the cases.

cinqsit
02-26-2010, 03:33 PM
Hey Andrew,

You should be able to get your case reopened. Get help from a competent attorney.

Its one of those frustrating circumstances where we have to suffer for no reason
of ours - just because someone in USCIS made a mistake.. even when we have
tried our best to stick with all the rules and regulations that get thrown at us.

Hope you can get this resolved soon

Good luck,

cinqsit

thomachan72
02-26-2010, 03:55 PM
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.

What you said above is a scary but truthful fact. Everybody submits the papers to the employer/lawyer and then asume that these people are doing it the correct way. Many times the attorneys are not well informed and as you mentioned their paralegal staff could be careless too!! We should try to read the forum postings and become aware about the various issues regarding this process.

sparky_jones
02-26-2010, 04:04 PM
I'm a JULY-2-2007 485-filer with approved 140.
Mine & my wife's 485 got rejected in Sept-09, the reason was "My priority date was not current when I filed my I-485".
My attorney Ron Gotcher filed an MTR and it got fixed.
Also, I have written a letter to the secretary of Homeland Security Janet Napolitano explaining USCIS's blunder in my case. I got a written letter from her office saying my MTR has been approved and my I-485 got reopened.
But the status of my I-485 is still showing denied online,..i don't care as long as I have the proof from the USCIS HQ.

My suggestion is, if you feel there is a mistake from USCIS, write to the secretary they really respond to your request, we must stop USCIS acting crazy on some of the cases.

May I ask how long it took for the MTR to be approved? Also, during the time between the I-485 denial and the MTR approval, did your attorney advise you to continue working? Does the MTR's approval reverse the accrual of the unlawful presence that begins from the point of the I-485 denial?

zilmax007
02-26-2010, 05:12 PM
It took 75 days to approve my MTR.
I'm on my H1B, so no question of unlawful presence in my case.
I don't know MTR's approval reverse the unlawful presence, Personally I think, it should.
But, this should be a right question for your attorney.

maddipati1
02-26-2010, 09:49 PM
While filing my 485 during july'07 fiasco, i asked my para legal to let me know when are they are absolutely done preparing my app and when they are about to put in FedEx cover to send it to USCIS, incl. attorney sings etc.

Then i went to attorney's office (luckily close by) and asked them to show me the total packet and checked every line and word for 2/3 hours. requested them to give an exact copy of what they are about to send. it was all more than well worth it.



What you said above is a scary but truthful fact. Everybody submits the papers to the employer/lawyer and then asume that these people are doing it the correct way. Many times the attorneys are not well informed and as you mentioned their paralegal staff could be careless too!! We should try to read the forum postings and become aware about the various issues regarding this process.

amengiv
03-02-2010, 02:24 PM
Hello,

It is really encouraging to see that so many people try to help.

While I am waiting for the MTR, can I start to work again? It seems that different lawyers have different take on this. Can anyone comment on this from your experience?

zilmax007,
Did you just send your letter to this address or some more specific one?

Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528

Thanks a lot for all your help!
Andrew

snathan
03-02-2010, 03:40 PM
Hello,

It is really encouraging to see that so many people try to help.

While I am waiting for the MTR, can I start to work again? It seems that different lawyers have different take on this. Can anyone comment on this from your experience?

zilmax007,
Did you just send your letter to this address or some more specific one?

Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528

Thanks a lot for all your help!
Andrew

I am not sure about that. Since its USCIS's error, go and sue their ass for this mess.

adibhatla
03-02-2010, 04:20 PM
Andrew,

By all means you can work while your MTR is pending and a decision is yet to be made. I was under the same situation when my I-485 was denied for missing G-325A biographic information sheets.

You have 30 days to file MTR - Motion to reopen/reconsider before the commissioner, and while it is pending you can work on your EAD. The thing that is important is your EAD should be valid.

My MTR was approved in 6 weeks and my I-485 is reinstated back to pending.

Good luck.

MA

desi485
03-02-2010, 06:10 PM
Hello,

It is really encouraging to see that so many people try to help.

While I am waiting for the MTR, can I start to work again? It seems that different lawyers have different take on this. Can anyone comment on this from your experience?

zilmax007,
Did you just send your letter to this address or some more specific one?

Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528

Thanks a lot for all your help!
Andrew

I asked this question to my lawyer long back as a hypothetical scenario (I was worried to move to other job using AC21). My lawyer said that if it is not your error or issue, and if your 485 gets denied for any wrongful reason or blatant error by cis, one can continue to work. This sounded very logical to me.

You must check with a good lawyer, however I personally believe that you should be able to work based on above experience.