View Full Version : Need some clarifications - I485 denied

03-07-2017, 10:52 AM

My previous employer filed my GC in EB3 and my PD is in 2005. I had my I-140 approved in 2007 and filed I-485 in the same year when my PD became current. My I-485was pending and then I moved to my home country in the middle and did not have H1B for about 5 months. Now, last week I received the notice from USCIS stating that I-485 is denied since I did not maintain my H1B or AP when I am out of USA. Currently I am on H1B visa until 2018.

Now my employer is saying that he has to show me as a newly recruited person and file a new labor for me to proceed with the new GC application. Is it required?

Can my employer apply for my new GC any time before my H1B visa expires?

Assuming that if I don't apply for my GC now, can I apply for H1B extn with the approved I-140 before my current H1B expires?

The notice from USCIS does not say anything about removal proceedings. I guess this is because I have a valid H1B now. Is it correct?

When I switched my employer, I missed to file AC21. Is that a problem? The denial notice does not say anything about the AC21.

Thanks in advance.

03-08-2017, 01:49 AM
Based on what I know (not legal advice)

The reason for denial does not make sense as H1B / AP statuses are needed after re-entry into the US, and don't matter when you are outside the country.

If you changed employers while the I485 is pending under AC21, then it is usually recommended to inform USCIS about this. Not sure if the law mentions any such requirement.

You may be able to file MTR to re-consider the I-485 petition. Please work with a good attorney for MTR.

03-08-2017, 07:33 AM

I have already consulted the attorney of my new employer and she also suggests to file for a new GC and NOT to open MTR. I would like to know is it mandatory to show me as a new recruitment?

Also, is it possible to answer for my other questions as well?

07-30-2017, 04:58 PM
Did you get any RFE before denial