Reason for I-485 denial...totally confused
#61
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Re: Reason for I-485 denial...totally confused
Thanks guys, I hadn't even considered an info pass appointment. That's maybe something I need to do. Further to what I posted yesterday, I checked our case online, and according to that, they have sent out another denial notice for our i485, as of November 7th!!!
I have no clue where this is going at this point, I am lost for words and answers. Thank you for your input. I have another Attorney lined up, and if I don't get where I want to be with ours, then I need to change. So frustrating and so confusing
I have no clue where this is going at this point, I am lost for words and answers. Thank you for your input. I have another Attorney lined up, and if I don't get where I want to be with ours, then I need to change. So frustrating and so confusing
Last edited by Brat1; Nov 13th 2013 at 8:38 pm.
#62
Re: Reason for I-485 denial...totally confused
<sigh>
Brat1 has what appears to be what in the military was called a "CF" or what is often known as a "FUBAR."
I have noted a tendency here to advise "change attorneys" at the first sign of trouble. OK, if the attorney is screwing up, that may be good advice. However, when doing "janitorial work" on a case such as Brat's, changing of attorney can be the worst thing to do.
"Shit happens" and sometimes it is just hard to clean up and frequent change of janitors midstream does not help.
Brat1 has what appears to be what in the military was called a "CF" or what is often known as a "FUBAR."
I have noted a tendency here to advise "change attorneys" at the first sign of trouble. OK, if the attorney is screwing up, that may be good advice. However, when doing "janitorial work" on a case such as Brat's, changing of attorney can be the worst thing to do.
"Shit happens" and sometimes it is just hard to clean up and frequent change of janitors midstream does not help.
#63
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Joined: Jul 2009
Location: Bishopbriggs - now Bethel, Connecticut
Posts: 1,439
Re: Reason for I-485 denial...totally confused
<sigh>
Brat1 has what appears to be what in the military was called a "CF" or what is often known as a "FUBAR."
I have noted a tendency here to advise "change attorneys" at the first sign of trouble. OK, if the attorney is screwing up, that may be good advice. However, when doing "janitorial work" on a case such as Brat's, changing of attorney can be the worst thing to do.
"Shit happens" and sometimes it is just hard to clean up and frequent change of janitors midstream does not help.
Brat1 has what appears to be what in the military was called a "CF" or what is often known as a "FUBAR."
I have noted a tendency here to advise "change attorneys" at the first sign of trouble. OK, if the attorney is screwing up, that may be good advice. However, when doing "janitorial work" on a case such as Brat's, changing of attorney can be the worst thing to do.
"Shit happens" and sometimes it is just hard to clean up and frequent change of janitors midstream does not help.
#64
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Joined: Mar 2004
Posts: 2
Re: Reason for I-485 denial...totally confused
Unfortunately in these sort of cases lack of urgency both by Lawyer and USCIS seems the norm.
#65
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Joined: Dec 2009
Posts: 102
Re: Reason for I-485 denial...totally confused
Sorry, apologies. I am just so frustrated with her lack of any kind of urgency, in what is a very real worry and dilema for me and my OH. She had planned to contact Texas last Friday, but for some reason was unable to, instead, my husbands employer spent over an hour and managed to speak to someone. Attorneys are not cheap, and if I'm paying someone, I just feel they should be proactive. Unfortunately, any contact is coming from us, not the other way about. Sorry if I sound impatient, but with as much as we have at stake right now, I need someone to be giving me options, if and when the shit hits the fan and this does in fact, turn out to be a monumental stuff up somewhere along the line.
I wish you the best of luck!!
Steve
#66
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Joined: Apr 2013
Posts: 5,154
Re: Reason for I-485 denial...totally confused
My PERM was Approved and the Denied days later, and they simply stated the error was on them on it "should of been DENIED the first time" due to...wait for it......no company letter head and second page of job advert!!...., we appealed to no avail, luckily I had an EB1-C as a backup that was susequently approved few months later. It is bloody frustrating and I can only imagine how you feel after years of waiting....I was close to packing my bags a few times!!
I wish you the best of luck!!
Steve
I wish you the best of luck!!
Steve
#67
Re: Reason for I-485 denial...totally confused
Thanks guys, I hadn't even considered an info pass appointment. That's maybe something I need to do. Further to what I posted yesterday, I checked our case online, and according to that, they have sent out another denial notice for our i485, as of November 7th!!!
I have no clue where this is going at this point, I am lost for words and answers. Thank you for your input. I have another Attorney lined up, and if I don't get where I want to be with ours, then I need to change. So frustrating and so confusing
I have no clue where this is going at this point, I am lost for words and answers. Thank you for your input. I have another Attorney lined up, and if I don't get where I want to be with ours, then I need to change. So frustrating and so confusing
#68
Forum Regular
Joined: Dec 2009
Posts: 102
Re: Reason for I-485 denial...totally confused
The company has to post the job advert and forgot to post the company header on the second page of the advert, that simple.......yes, for the pemanent labour cert (aka PERM)
#69
Re: Reason for I-485 denial...totally confused
I know that its nerve-wracking. But you are doing what you can.
BTW, there is a little thing of requesting the Dark Forces to reopen "on their own motion" without fee -- this can be done if they have made the obvious mistake. When I was in practice, I was paranoid about asking for that and paid the fee on the "no harm, no foul" and "its only money" rubrics.
"Keep calm and carry on."
BTW, there is a little thing of requesting the Dark Forces to reopen "on their own motion" without fee -- this can be done if they have made the obvious mistake. When I was in practice, I was paranoid about asking for that and paid the fee on the "no harm, no foul" and "its only money" rubrics.
"Keep calm and carry on."
#70
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Re: Reason for I-485 denial...totally confused
I thought we were doing the right thing, going with our own Attorney, and assumed she would be able to get somewhere quicker than us, since we're not the petitioner on the i140. I didn't consider the info pass, but sat and looked into it last night, just trying to work out what kind of appointment I need. I just feel the need to be proactive, as me and my OH seem to be the only ones losing sleep.
Btw, we received yet another 5 denial letters for the i485's yesterday, the exact same letters they sent us last time I have no clue what that's all about, they are the same letters but with ticks at different points. The saga continues......
Btw, we received yet another 5 denial letters for the i485's yesterday, the exact same letters they sent us last time I have no clue what that's all about, they are the same letters but with ticks at different points. The saga continues......
#71
Re: Reason for I-485 denial...totally confused
Perhaps it's been missed in the thread discussion, but it seems to be that if a Motion to Reopen has not been filed, perhaps it should already have been?
Since the attorney is (presumably) charging a fee, it might be productive to have a discussion regarding the service level and sense of urgency expected.
Infopass appointment was also recommended, perhaps with attorney in attendance, if this hasn't been scheduled already it should be done.
Since the attorney is (presumably) charging a fee, it might be productive to have a discussion regarding the service level and sense of urgency expected.
Infopass appointment was also recommended, perhaps with attorney in attendance, if this hasn't been scheduled already it should be done.
#73
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Re: Reason for I-485 denial...totally confused
Apologies for abandoning this thread, but I honestly have not been around BE for a while as this whole issue has consumed my life
So, here is an update. Please bear with me, as I try and make it as concise as I can.
After waiting and quite frankly getting nowhere with the USCIS, I contacted our local Congresswoman's Immigration Liaison Officer who was very nice. She managed to get more information than the Attorney, and the response was, that an original I-140 was submitted in 2008. There was a RFE for that application, but apparently the Attorney didn't complete the RFE in time and it was denied. He then re-applied the following month after the denial, with the same labor certification, which they are saying is not acceptable. This is apparently the reason that the Liaison Officer was given. In the meantime, the Attorney consistently went back and forth asking for a copy of the revocation notice, which 4 months later we are still waiting for
My husband also went ahead with the Infopass appointment where he really didn't find out anything further than what we had already been told. All they would tell him was that the I-140 was revoked 6 weeks after it was approved.
Anyway......
Long story short, it looks like filing a 290 (I think that's right, I'm sure someone will correct me if I'm wrong) is not an option. My work authorization ran out on March 1st and because we have no valid I-140, this would not be extended, so I have had to give up my job. At the moment we are in limbo. The original Attorney who did our I-140 has the burden of proof that he did not receive any RFE, NOIR, or indeed a revocation of the approved I-140. We are being advised that our only option is to file a brand new I-140, which means going through the labor certification process again. Which also means that our oldest daughter is going to age out in November, both of us can no longer work again, and we are right back to where we started in 2007.
I don't know what else I can say at this point. We have done everything that has been asked of us and someone, somewhere is at fault, but how do we prove it? I have my own Attorney who is advising me every step of the way, and since my OH only had his recent meeting with his boss and their Attorney yesterday, where she told us the news that we have to re-file, I am awaiting his response to see if this is the only way forward.
We took a huge risk coming here, gave up our home, careers etc and it looks like it is going to backfire on us big time. I don't really want to say exactly what's on my mind right now, as it doesn't help my situation at this point. We just need to stick together as a family, take the advice of our Attorney, and decide what is the best thing for us all. I don't know of anyone else who has been through this, so I have no idea what the outcome will ultimately be. Thank you for all the support anyway, and the good karma, it is appreciated
So, here is an update. Please bear with me, as I try and make it as concise as I can.
After waiting and quite frankly getting nowhere with the USCIS, I contacted our local Congresswoman's Immigration Liaison Officer who was very nice. She managed to get more information than the Attorney, and the response was, that an original I-140 was submitted in 2008. There was a RFE for that application, but apparently the Attorney didn't complete the RFE in time and it was denied. He then re-applied the following month after the denial, with the same labor certification, which they are saying is not acceptable. This is apparently the reason that the Liaison Officer was given. In the meantime, the Attorney consistently went back and forth asking for a copy of the revocation notice, which 4 months later we are still waiting for
My husband also went ahead with the Infopass appointment where he really didn't find out anything further than what we had already been told. All they would tell him was that the I-140 was revoked 6 weeks after it was approved.
Anyway......
Long story short, it looks like filing a 290 (I think that's right, I'm sure someone will correct me if I'm wrong) is not an option. My work authorization ran out on March 1st and because we have no valid I-140, this would not be extended, so I have had to give up my job. At the moment we are in limbo. The original Attorney who did our I-140 has the burden of proof that he did not receive any RFE, NOIR, or indeed a revocation of the approved I-140. We are being advised that our only option is to file a brand new I-140, which means going through the labor certification process again. Which also means that our oldest daughter is going to age out in November, both of us can no longer work again, and we are right back to where we started in 2007.
I don't know what else I can say at this point. We have done everything that has been asked of us and someone, somewhere is at fault, but how do we prove it? I have my own Attorney who is advising me every step of the way, and since my OH only had his recent meeting with his boss and their Attorney yesterday, where she told us the news that we have to re-file, I am awaiting his response to see if this is the only way forward.
We took a huge risk coming here, gave up our home, careers etc and it looks like it is going to backfire on us big time. I don't really want to say exactly what's on my mind right now, as it doesn't help my situation at this point. We just need to stick together as a family, take the advice of our Attorney, and decide what is the best thing for us all. I don't know of anyone else who has been through this, so I have no idea what the outcome will ultimately be. Thank you for all the support anyway, and the good karma, it is appreciated
#74
Re: Reason for I-485 denial...totally confused
So sorry you are still having this stress. If you ever want to vent or just write down exactly what you think of it all and send it to someone you know how to contact me. Fingers crossed you start getting good news soon.
#75
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Joined: Jul 2012
Posts: 574
Re: Reason for I-485 denial...totally confused
This may be cause for a motion to reopen under Matter of Lozada. (Ineffective assistance in the part of the original attorney). You need an attorney with experience in janitorial work.