485 denied what next ? please help me out

[guu]

company "X" sponsered for my greencard with substitute Labor under future employment.

Recently I came to know that Company "Y" had auditing problem and withdrawing their I-140's. In safeside I filed AC21 with my present company "Y" on sept 22nd 2008.

PD(Sub Lab) : DEC 2004
Jan 2008 : I-140 got Approved
Sept 18th 2008 : Application Type: I140 , Case Transfered to Another Office for Processing(Texas to Nebraska)
Sept 23rd 2008 : Application Type: I140 This case is now pending at the office to which it was transferred.
Sept 30th 2008 : soft LUD on I-140 but there is no change in the status.

Sept 22nd 2008 : AC21 filed with company "Y".
RD sept 21 2007 : for 485 (180 Days completed)
Sept 9th 2008 : soft LUD on I-485.
Sept 30th 2008 : 485 case status Denial Notice sent(changed online no email )
Spouse 485 Case status : received and pending.

I have some questions regarding my case.Can anyone please kindly explain these...

Recently(Aug 2008) I went to India and used my Adance Payroll to enter US. After coming from india I filed for AC21 sept 22nd 2008) with my current company "Y" who holds my H1.

1) Now 485 is denied can I use my H1 to continue working with current company "Y"?

2) After filing AC21 (on sept 22nd) we shouldn't get any denial notice ?But In my case I received denial notice for I-485 sept 30th.do you have any idea what might be reason?

3) Now I-485 is denied what are the next steps ?If we file MTR how long it takes to process (minimum how many months)?

4) what about I-140 current status transferred from texas to nebraska and now pending?do we need to file MTR for 140?

5) Is there any chance of porting newlabor with old labor Priority date?

6) Applying newlabor with "Y" in perm and planning to port with this old substitute labor (dec 2004).Is it possible?

7) If possible ,then do I have to again apply for 140,485 with company "Y"(incase of porting ) or can I use old I-140 and 485? Please let me know answers ...

My lawyer,Empployer they are not responding properly and asking me to wait for denial notice...


I will wait till denial comes,Please give me your advice what are next steps...continue working or stop...

[txh1b]

You need to get in touch with a good lawyer and go from there immediately. As you used AP to enter, you are a parolee and with the I485 denied, you cannot work as the EAD is deemed invalid.

You need to look at the options like getting back to H1b status by travel while the lawyer evaluates the MTR options.

I would suggest someone like Greg Siskind, Cyrus Mehta, Shiela M urthy or Rahul Khanna law firms.

[guu]

485 denied

As I have H1 with company "Y" which expires on Aug 2009 .I used AP for traveling.so I became parolee.My company "Y" is planning to have amendment to my existing H1.

How long it will take for amendment?

[waiting4GC]

What's the reason of the denial?

sorry to hear that.

What's the reason of the denial? Is it because the 140 withdraw of the other company?

My case just transferred from TSC to NSC. I'm so worried.

[guu]

Hello ,

My case I-140 transferred from TX to NSC .Now current status is showing as pending to which it was transfered.

I received denial notice regarding I-140 revoked.

[waiting4GC]

if it's over 180 days

if your 485 pending over 180 days and 140 approved. The company cannot revoke your 140. That's what I heard. You should contact a lawyer to find out more about it.

[waiting4GC]

I think 485 denial is for different reason

Here is the memo from USCIS on 140 revocation:

Revocation or Withdrawal of the I-140 Petition

The Memo provides that the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the revocation or withdrawal. Those who chose concurrent filing enjoy an advantage, as they are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved.

So, base on that, I think your I-485 might be denied for different. Have you got your denial paper yet? What does it say? Please share some info.

[guu]

My denial letter shows I-140 has revoked.

I-140 appoved on jan 16th 2008,TX(180 days completed)
485 applied Aug 2008 NSC(180 days completed)

Regading I-140 on sept 19th they transferred 140 from TSC to NSC.
Current status shows still pending whereever it was transferred.

I filed AC21 on sept 22nd still i received denial notice on sept 30 th 2008.

Now my lawyer is filing MTR on my case...