moolchand_2002
03-24 04:11 PM
Hello
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
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ksvreg
09-25 03:02 PM
You are eligible for H1 extension, though you may need visa stamp and re-entry to be back in H1 status. In such cases, one gets H1 extension approval without new I-94. That's why person needs to get new stamp and re-entry.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
RDB
09-26 10:56 AM
I am not sure if every state allows this but I know this is true for California. There are different reasons for taking this leave. If you had a baby - For a mother, it is 12 weeks, partially paid by the state and for a father it is 6 weeks partially paid by the state.
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
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gcdreamer05
11-18 02:11 PM
May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D
more...
telekinesis
11-18 03:41 PM
At least we know one of mdipi's lacking personal traits include good sportsmanship! :-\
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
This battle is over, lostinbeta is the obvious winner, thread will be closed later tonight!
gc_dreamer_485
10-05 07:13 AM
I did call them several times in an attempt to talk to different individuals, but all them have said try contacting the area post office. I don't think area post office will be able to give any other information.
Are you considering to re-file the case. Or would u be waiting to get the packet back?
Are you considering to re-file the case. Or would u be waiting to get the packet back?
more...
rustum
07-14 04:24 PM
Moved residence couple of weeks back. Changed address online for my 485 case and added for spouse and child as weel?
Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.
Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.
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redelite
08-20 01:33 PM
Okay so here is my first draft of the YA RLY owl..
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
more...
homers
04-09 08:49 AM
As long as your H1-B application is still being processed, you should be IN STATUS.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
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Maverick_2008
04-16 09:14 AM
Friends, my EAD/AP will expire later this year along with my 8th year H-1B extension. My 140 isn't approved yet. Now, what happens if my employer wants to cut costs and says let's extend only your H-1B for now and let your EAD/AP expire? If I'm not wrong, filing for H-1B/H4 extension is cheaper than that for EAD/AP.
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
more...
GCBy3000
05-03 09:24 PM
Admin,
I was eagerly looking from May 1st for the contribution update. Today is May 3rd and it still shows the contribution as of April 28. Could you please update so that all of us can know the acheivement as of May 1st.
I was eagerly looking from May 1st for the contribution update. Today is May 3rd and it still shows the contribution as of April 28. Could you please update so that all of us can know the acheivement as of May 1st.
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cygent
07-02 04:43 PM
You cannot sue them for any of the above.
3) See (2)
kaisersose,
I see your point in 1) Ok, I will agree with that. My mistake.
But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.
Similar argument for 3) - They must be held accountable.
3) See (2)
kaisersose,
I see your point in 1) Ok, I will agree with that. My mistake.
But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.
Similar argument for 3) - They must be held accountable.
more...
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austingc
07-31 11:15 AM
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
That’s good. In addition to the evaluation, it doesn’t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
That’s good. In addition to the evaluation, it doesn’t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.
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morchu
05-04 12:50 PM
NO.
[QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]
[QUOTE=gauravsh;338657].....will there is any issues at POE due to my long absence on H1B?/QUOTE]
more...
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mjdup
11-17 03:00 PM
Welcome to the club achi goro :)
This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.
good luck,
This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.
good luck,
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vdlrao
05-02 12:10 PM
Don't go for the ICICI home loan. They are the first ones to increase the interest rate when ever theres a RBI changes the base rate. And the last one to decrease the interest rate when ever there's a base rate change. And some times they don't decrease at all.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
more...
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gc_lover
07-24 07:36 AM
^^^^
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tcsonly
12-12 06:55 PM
USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.
Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.
I didn't know CIS became so customer oriented all of a sudden.
Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.
I didn't know CIS became so customer oriented all of a sudden.
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boston_gc
06-05 08:33 PM
I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.
Does anyone else has comments on this?
Does anyone else has comments on this?
devikas81
06-16 10:06 PM
EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
Pls. advise
Company gave the Receipt Number when they filed 140 but not sure whether that receipt number is belong to my case or not..??
Pls. advise
Company gave the Receipt Number when they filed 140 but not sure whether that receipt number is belong to my case or not..??
Steelers
04-22 10:19 AM
My H1b and my wifes H4 extensions were filed on 2/10 and approved on 4/1.
Depends on your job, company etc. I work in non-IT, big company and have been working there since 3 years.
Good luck.
Depends on your job, company etc. I work in non-IT, big company and have been working there since 3 years.
Good luck.
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