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ami real
Jul 26, 2023
approved i-140, denied 1485
hi! i am currently in US i have approved i-140 nov 2022. my i485 got denied. we want to re apply another i-485 but it’s not current. does that mean i have to go back to my country? Thank you
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Selith HJul 26, 2023
@ami real Sorry to hear that your I485 was denied. Has your nonimmigrant status expired?
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R GJul 26, 2023
what was the reason for denial?
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Praise GodJul 27, 2023
your previous post you stated that: - 2016. - was F1 and had an approved i140 -2019 revoked i140 - Jan 2023 another i140 approved so whih i140 was approved Nov 2022? - how many i140 you have approved and which one was attached to the denied i485? - what was the reason for denial
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ami realJul 27, 2023
@Praise God the i-140 approved in jan was the one filed in NOV 2022. so yes. i have approved i-140 in 2016 so i stopped with F1. in 2019 the i-140 got revoked. they are asking me for my stat from 2016-2022
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Praise GodJul 27, 2023
@ami real Can you provide clear list of your application status ie F1: from ..... to .... 1) 2016 i140 applied ....... approved....... revoked .... 2) 2022 i140........ Approved.......... 3) .......... i485 ....... Aprroved/Denied........ this will us give you better advise because so far l don't understand your story
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J AJul 27, 2023
The moment you stopped your F1 in 2016 caused your i-485 denial. You should have maintained your status back then to protect you in cases of revocation.
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ami realJul 28, 2023
@J A @Praise God yes. they are asking for my stat from 2016-2022. 2013-2016 F1, 2016-i140 approved. stopped f1, with pending i485 2019 notice of intent to revoke the approved i140, previous employer responded but still they denied it in 2020 so they filed motion. 2022 i485 denied saying no approved i140 nov 2022 looked for another employer. they approved i-140, but just got letter of denial for my i485
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Praise GodJul 28, 2023
@ami real - what happened to the i290b Motion? - when did the respond to i290b? So far sound like: - you filed concurrently - once concurrently filed i140 is denied so is the i485 and associated EAD is cancelled. - the issue is with the new approved i140 when: a) was it apporved b) when you asked uscis to link the approved i140 to old i485 c) when did USCIS confirm receipt of request and having linked (usually uscis never response in writing but attorney calls and document conversation) * not sure what you mean by start from 2016 - 2022. This is the period you stopped F1. Sounds like these dates are back dating your overstay since they revoked the originally approved i140 in 2016. -
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ami realJul 28, 2023
@Praise God no. it was not linked on previous i485. i really don’t know about my previous employer. they said they filed motion. i don’t know. i think on their decision they were saying previous employer is fraud saying they can’t provide whatever they asked for. but i understand them not providing all needed for reason that they might get checked more. i dont know. but yes. i am the one who is suffering the consequences. :(
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Praise GodJul 28, 2023
1) what is your profession? 2) the thing is when your i140 was denied in 2020 - there is no basis for the i485 (since an i485 needs an i140) 3) if the previous employer did not file Motion to reopen - therefore no basis for the i485 4) if they did file and was denied - therefore no basis for the i485 5) Therefore: - when uscis i140 was revoked in 2020 your next i140 approval was Nov 2022. - once i140 was denied according to uscis it means from when you dropped your F1 in 2016 tou have no valid immigration status Therefore, they are using 2016 - 2022/now how long you have overstayed. The gap between the denied and approved i140 left your i485 unsupported with a valid i140. what is your employer and lawyer saying

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