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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 08-03-2011, 11:01 PM
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Default I-485 denied, need advice

Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK
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  #2  
Old 08-03-2011, 11:35 PM
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Please complete your profile. I thought for once it's a spam.
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  #3  
Old 08-04-2011, 12:02 AM
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What my feeling is they denied because you did not have approved H1B with Company A who filed your GC and I believe you also didn't have filed AC21 either. So USCIS was thinking you were still employed with Company A. But I am not a lawyer.
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  #4  
Old 08-04-2011, 06:54 AM
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first thanks for your replies.
So point to is that when I came back to US I started working for company B whereas according to USCIS I should have continued to work with Company A...

Besides filing an MTR, can I file I-485 again? my I-140 is approved and my priority date is current..

I have an appointment with attorney on Monday, trying to understand all the points which I should discuss with him.

please reply back.

thanks again.
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  #5  
Old 08-04-2011, 09:37 AM
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Default

Quote:
Originally Posted by sks123 View Post
first thanks for your replies.
So point to is that when I came back to US I started working for company B whereas according to USCIS I should have continued to work with Company A...

Besides filing an MTR, can I file I-485 again? my I-140 is approved and my priority date is current..

I have an appointment with attorney on Monday, trying to understand all the points which I should discuss with him.

please reply back.

thanks again.

No working for Company B is should not be problem to file I-485 from company A. People get the green card without having worked for companies with future job

Did your transfer got approved from Company B? that will decide your status.
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  #6  
Old 08-04-2011, 09:56 AM
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yes I got H1B approved from company B...and i had no choice but to leave US for the new visa Stamp.
when i came back on sep 8th i'd new visa of Company B.
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  #7  
Old 08-04-2011, 09:58 AM
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Default

Quote:
Originally Posted by sks123 View Post
Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK
Was your MTR with company A ever approved? You mentioned that you worked for company A after denial and MTR though you had approval from company B.

As per my understanding, once h1b is denied you are not supposed to work with them.

What was the reason for h1b denial? It could be an issue with the employer too.
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  #8  
Old 08-04-2011, 10:02 AM
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sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts
Default

yes it was an issue with the employer.
so then i was noot working for the company A since my H1B was rejected in MTR too, i continued working for company B for which my h1B was approved.
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  #9  
Old 08-04-2011, 10:24 AM
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Default

Quote:
Originally Posted by sks123 View Post
yes I got H1B approved from company B...and i had no choice but to leave US for the new visa Stamp.
when i came back on sep 8th i'd new visa of Company B.
That means you did not get I-94 attached with you approval notice. That Means H1B is approved but transfer is not. I guess that is what causing the issue. Their argument may be You were not on H1B until you returned.
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  #10  
Old 08-04-2011, 10:36 AM
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Default Check with a lawyer

Check with a lawyer, but here is my take. USCIS is right that when you left country after filing I485, you have abandoned that application. You need be in the country when the AP is approved. During the fiasco time, no one got their AP for about 4-6 months..

One option I can think of is to see if your company A can still offer the future job and file a fresh AOS.


Quote:
Originally Posted by sks123 View Post
Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK
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  #11  
Old 08-04-2011, 10:38 AM
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sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts
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no i didn't had i94 attached with company B's h1B approval but i'd a valid I94 of company P wich was my first employer.
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  #12  
Old 08-04-2011, 10:39 AM
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Default Looks like

Quote:
Originally Posted by sks123 View Post
Hi all,
Just got denail notice from USCIS today for my I485.

here are details in chronology of events:
Dec 2005 -->came to US on H1B with Company P.
Nov 2006--> H1b transfer to company A initaited, started working for company A.
Feb 2007 -->H1B with company A denied.
Mar 2007 --> company A filed MTR (Motion to reconsider H1B denial).
Jun 2007 --> company B filed for new H1B.
Jul 2007--> got H1B with company B but still working with Company A.
16 Aug 2007--> company A field GC: I-140 and I-485 concurrently (also applied for Advance parole and EAD).
24 Aug 2007--> left US.
sep 2007--> came back to US on H1b with company B and started working with company B.

Now USCIS said that when I departed the US on 24 Aug 2007, neither I had approved visa nor Advance parole so I abandoned my I-485 when I left the country.

I don't completely understand their reason for denial as I had approval for H1B with company B (of course visa wasn't stamped on my passport as I was still in the US..and this was the reason I went to India..)

I will greatly appreciate your inputs to help me understand this.

Thanks,
SK
Looks like you were working with company A from Nov 2006 to at least July\August 2007 without having an H1 with company A since both your H1b application and MTR were denied. Maybe that has something to do with it too. Just a thought.
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  #13  
Old 08-04-2011, 10:43 AM
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sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts
Default

Quote:
Looks like you were working with company A from Nov 2006 to at least July\August 2007 without having an H1 with company A since both your H1b application and MTR were denied. Maybe that has something to do with it too. Just a thought.
yes I was working with company A till Aug 2007 but at that time MTR was still pending. MTR was denied in Mar 2008.
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  #14  
Old 08-04-2011, 10:47 AM
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sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts sks123 is infamous around these parts
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Quote:
Originally Posted by vbkris77 View Post
Check with a lawyer, but here is my take. USCIS is right that when you left country after filing I485, you have abandoned that application. You need be in the country when the AP is approved. During the fiasco time, no one got their AP for about 4-6 months.. .
but i couldn't stayed in the country for AP (to get approved) 'coz i'd to leave within 180 days of time frame for the new visa stamp of company B since my h1B with company A got rejected. and i left in 170 days. i didn't had much time left to wait for AP.

Last edited by sks123; 08-04-2011 at 10:59 AM.
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  #15  
Old 08-04-2011, 11:49 AM
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Default wrong

So long you have AOS on file, you can stay in the country. You can only work when you have EAD.

Quote:
Originally Posted by sks123 View Post
but i couldn't stayed in the country for AP (to get approved) 'coz i'd to leave within 180 days of time frame for the new visa stamp of company B since my h1B with company A got rejected. and i left in 170 days. i didn't had much time left to wait for AP.
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