Discussion about "Status" of Pending AOS Applicants & Denial of I-485 (Technical)

[itsmusa]

Thanks Q...I understand what you mean...

Spec - this is something new that I learned today. Thanks for those details.

[itsmusa]

I approached Ron Gotcher and he gave me this case to read - http://ma.findacase.com/research/wfr...925.DMA.htm/qx

Ron's response - Occasionally a CIS adjudicator will make a mistake and deny an adjustment of status upon receipt of an employer's request to withdraw an I-140. When this happens, the applicant should file a motion to reconsider and ask for a refund of the MTR filing fee because it is an obvious USCIS mistake.

I am reading it, it's a good read, maybe I need to read it multiple times to soak in the information.

[sairam402]

Guys I need some advise. Im confused. I came to usa in 1997 and filed under 245(I). The first I140 & i485 GOT REJECTED REASON A2P . Then we refilled under the same 245(I) as we had approved LCA filed properly n correctly before april 2001 based on which we filed under eb3 in 2007 approved i140 and filed under july fiasco and got EAD cards. Then we refilled recently under eb2 approved i140 and consolidated the cases as my dates are current feb2007. Went thru second interview once done in 2009 for eb3 category went fine. Then TSC sent to local office and went thru interview sept5 went great . IO DIDNT NEED anything went thru supervisor review due to an arrest but all got cleared. Now I heard form my congressional senator that the supervisor is gonna deny the i485 as it not considered grandfathered as i485 was denied in 2009 for which till date we don't even a have notice. 245(I) MEMO DATED MAY 2005 CLEARLY CLARIFIES THAT AS LONG A S AN APPLICANT HAS LCA filed properly and correctly and approvable whichw e do before april 2001 deadling it can be reused as its for life and he cannot be precluded from it. Is it true gurus please share your thoughts .

[sairam402]

Hello what does 245(I) rule state. As long as you have approvable LCA filed before april 2001 deadling you can file multiple applications of adjustment even if your previous i485 and i140 was rejected u can still be grandfathered under the rule . M I RIGHT PLEASE SHARE YOUR THOUGHTS THANKS

[sairam402]

Thanks fro reply. The first i 485 and i 140 which was filed should have been rejected cause the other one i am still working on with EAD for last seven years. I guess the confusion i believe is on my new approved I140 they gave me the old A# . Thats my belief. Im sure the supervisor is miscommunicated as 245(i) rule clearly states 245(i) is considered grandfathered as long as original LC was filed before april 2001 deadline which we did and all other conditions met.I also provided the supervisor new i485 reciepts filed in july 2007 with new A# as well as all interview notices and stuff. Hopefully this will solve her misunderstanding. I am sure u know on the rule of 245(I) u can file multiple filings even if your original petition was rejected as long as LC was filed before 2001 april which we did.

"T

[Kanmani]

Thanks fro reply. The first i 485 and i 140 which was filed should have been rejected cause the other one i am still working on with EAD for last seven years. I guess the confusion i believe is on my new approved I140 they gave me the old A# . Thats my belief. Im sure the supervisor is miscommunicated as 245(i) rule clearly states 245(i) is considered grandfathered as long as original LC was filed before april 2001 deadline which we did and all other conditions met.I also provided the supervisor new i485 reciepts filed in july 2007 with new A# as well as all interview notices and stuff. Hopefully this will solve her misunderstanding. I am sure u know on the rule of 245(I) u can file multiple filings even if your original petition was rejected as long as LC was filed before 2001 april which we did.

"T

Sairam,

Can you please confirm you were physically present in the U.S. on the date of enactment of the 245(I)law extended that is on December 21, 2000? (or) Your first labor certification was properly filed on or before Jan 14 1998?

[sairam402]

Thanks for reply. Filled original LC IN 2001 APPROVED. bASED ON WHICH FILED i140 UNDER EB2 AND i485 BOTH REJECTED IN 2005. fILED NEW i140 with old LC and new perm in 2007 under eb3 approved. Filed i485 in july fiasco pending since then have eads since then every eyar after year. Filed new labor under eb2 approved i140 in july 14. Consolidated them as dates current. Went thru interview cleared. My question as stated earlier was 245(i) rule allows multiple filing of applications as long as u have old LC approved before april 2001 right.

[sairam402]

Yes been in USA since dec 1997 never left. Also have filed taxes from 1999. I was surprised that the supervisor could say that. I am sure the confusion is two different A# we have and newly approved I140 has old A# . But the 245(I) rule allows multiple filing till you adjust your status all conditions met like original LC approvable and no fraud filed on or before april 2001 deadline. PROOF OF STAY in usa and stuff. Is this right

[Kanmani]

Sairam ,

I don't see any flaw in your case, probably confusion might have led the adjudicator to come up with this potential denial decision.

I suggest you to go with a reputed attorney firm to proceed with your case hereafter. Sometimes the name of the attorney firm adds certain weightage to the argument they put forward.

[sairam402]

Thanks and yes I do have the best attorney who has been with me thru this 17 years of green card journey and she is the best. I just got an email from her saying the same that 245(I) protection remains with us for life till we adjust our status it doesn't affect with any rejection. I am sure the supervisor misunderstood something and I have also fwded her all my EADS and new receipt of proper filing and interview notices and all the documents which she might have needed. So god willing im sure she will go thru it and make the right decision including the march 2005 uscis memo regarding 245(I). So cross our fingers and hope for best. Note we haven't as yet got denial notice as of yet it was only what the senators office said nothing as yet. So hoping all the documents provided to her will let her make right decision.

[Kanmani]

Sairam, I knew you were in trackitt and discussed a lot about this with Matt, even followed your posts when you were anxious during your recent personal interview. I was expecting a approval news indeed.

You are on the right track, but sometimes it takes time for a complicated case like yours. All the best!

[sairam402]

Thanks I really appreciate that kind words. Yes the interview was great only a formality. I just don't wanna miss the boat as dates are current and with your god wishes I should see the green soon and with gods blessing. Hopefully within next week or so. ill keep u posted.I do get tensed real easily and anybody would im sure.

[sairam402]

Guys need expert advise. Please read my previous post. Now my case has been transferred to the Field Director For review. Any expert advise please share as its killing me. I am grandfathered under 245(I) and the other requirements too. Now the case is qwith Filed Director is it a good or bad sign share opinion please.

[sairam402]

Gurus when does a case get assigned for review to field director anyone share your thoughts.