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jpandey
02-10-2016, 02:52 AM
Hi Friend's,

My I-485 got Denied (Still waiting for the reason) Please help. I am currently on EAD which is expiring on 18th March 2016 and My wife EAD is expiring on March 2017. I am the primary applicant.

I used my H1B with previous Employer (who filed my EB3 labor and I-140 Approved) for 5 years (I did not use my second H1B for all three years which was expiring in July 2011 and join a full time to a company using my EAD in July 2010 (One year before my second H1B was expiring. Got laid off from this company in two years and joined my current company in August 2013 who filled my Labor and I-140 Approved in EB2).

Can you please let me know what are the options I have:

1. Can I apply for H1B in Premium and capture my 1 year+ of H1 unused and continue working?
2. Can I re appeal for I-485 by I-290B "OR" Should I apply for fresh I-485 with current I-140 approved
3. Should I try to enroll in any classes where I can get CPT to continue working while we re-appeal.
I-485 Denial Date: 02-09-2016 (Note It was ported from EB3 to EB2)

EB2:
1. Labor Approved: March 11th , 2015
2. Priority Date: August 29th , 2013
3. I -140 Approved Date: May 14th , 2015

4. I-140 Ported from EB3 to EB2:
5. I-485 RFE (First): October 19th , 2015 (Medical, Status of last 12 years, Employment Verification/Offer Letter)
6. I-485 RFE (First) Replied Date: November 10th , 2015
7. I -485 RFE (Second) Date: December 18th 2015 ( Medical: Three of the check boxes for DT, DTP and DTaP were marked showing contraindicated by Mistake from Dr Side)
8. I-485 RFE (Second) Replied Date: January 11th , 2015

EB3:
1. Labor Approved :15th June 2006
2. I-140 Approved:
3. I-485 Notice Date: October 11, 2007
4. I-485 RFE Date: July 9,2009

Regards,

spicy_guy
02-10-2016, 02:36 PM
Hi Friend's,

My I-485 got Denied (Still waiting for the reason) Please help. I am currently on EAD which is expiring on 18th March 2016 and My wife EAD is expiring on March 2017. I am the primary applicant.

I used my H1B with previous Employer (who filed my EB3 labor and I-140 Approved) for 5 years (I did not use my second H1B for all three years which was expiring in July 2011 and join a full time to a company using my EAD in July 2010 (One year before my second H1B was expiring. Got laid off from this company in two years and joined my current company in August 2013 who filled my Labor and I-140 Approved in EB2).

Can you please let me know what are the options I have:

1. Can I apply for H1B in Premium and capture my 1 year+ of H1 unused and continue working?
2. Can I re appeal for I-485 by I-290B "OR" Should I apply for fresh I-485 with current I-140 approved
3. Should I try to enroll in any classes where I can get CPT to continue working while we re-appeal.
I-485 Denial Date: 02-09-2016 (Note It was ported from EB3 to EB2)

EB2:
1. Labor Approved: March 11th , 2015
2. Priority Date: August 29th , 2013
3. I -140 Approved Date: May 14th , 2015

4. I-140 Ported from EB3 to EB2:
5. I-485 RFE (First): October 19th , 2015 (Medical, Status of last 12 years, Employment Verification/Offer Letter)
6. I-485 RFE (First) Replied Date: November 10th , 2015
7. I -485 RFE (Second) Date: December 18th 2015 ( Medical: Three of the check boxes for DT, DTP and DTaP were marked showing contraindicated by Mistake from Dr Side)
8. I-485 RFE (Second) Replied Date: January 11th , 2015

EB3:
1. Labor Approved :15th June 2006
2. I-140 Approved:
3. I-485 Notice Date: October 11, 2007
4. I-485 RFE Date: July 9,2009

Regards,

You posted it in as well. Try calling L2 officer to find out the reason.

Your 140 revoked?
You have more than 180 days gap?
Your doctor filled up the wrong form?
Your employer suspicious?

s416504
02-10-2016, 05:06 PM
Should I apply for fresh I-485 with current I-140 approved ?
I don't think you can do this. I think USCIS must have already tied your earlier I-485 with current I-140.

You are at critical situation. I won't wait longer to take advise from good immigration Lawyer.
Good Luck !! Keep us informed

WillIWin?
02-10-2016, 05:08 PM
Did you talk to your lawyers? Make sure they are aware ASAP.
Also - get an infopass appointment - [Many offices have same day appointments]. The folks there can reach out directly to the case officer.

I dont think you got called for an interview -- right?

IMO - Assuming there are no 'red' flag issues - you dont mention *any* issues, it could very well be an administrative/Paperwork issue. While waiting for the actual letter in the mail, talking to an L2 officer OR at the InfoPass will let you know the reason. Get all your paperwork ready (W-2s, Employment letters, EADs, AP...)
Am not aware of your specific situation, but plan do not assume the worst - just plan for it.
Hang in there!!!

jpandey
02-10-2016, 06:38 PM
Your 140 revoked? No
You have more than 180 days gap? Yes (I assume you are asking about leaving earlier company to next)
Your doctor filled up the wrong form? No , But it was mistake from the Dr Side on my first RFE for Sure and then we got second RFE for the Medical mentioning Three of the check boxes for DT, DTP and DTaP were marked showing contraindicated by Mistake from Dr Side
Your employer suspicious? NO, they are very co-operative.

Yes, My employer and lawyer both are aware and we are exploring the alternatives while waiting for the actual reason and plan of action after that.

Thanks for your much needed Good Luck. Thanks
I am sure we will pass this phase and will look back with smile.

kotivella
04-27-2016, 09:40 AM
Hi there,

Hope everything went well with you, just curious what was the reason stated by USCIS

s416504
04-28-2016, 09:00 AM
Hi Jpandey,
Can you update the status? That will help the community.


Your 140 revoked? No
You have more than 180 days gap? Yes (I assume you are asking about leaving earlier company to next)
Your doctor filled up the wrong form? No , But it was mistake from the Dr Side on my first RFE for Sure and then we got second RFE for the Medical mentioning Three of the check boxes for DT, DTP and DTaP were marked showing contraindicated by Mistake from Dr Side
Your employer suspicious? NO, they are very co-operative.

Yes, My employer and lawyer both are aware and we are exploring the alternatives while waiting for the actual reason and plan of action after that.

Thanks for your much needed Good Luck. Thanks
I am sure we will pass this phase and will look back with smile.