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Remedy for Denial of I-485 AOS
Today I have got denial on my I-485. Reason stated was "According to Visa Bulletin in effect on the date this application was filed , a visa was not available based on your established priority date and specific preference category" My category is EB2. Date of filing for this category is 1st July 2009. My priority date is 10th December 2008. I filed 485 application on 1/19/2016 and got receipt notice on 1/29/2016
I did my finger printing on 03/16/2016 based on USCIS schedule I and my family members also got EAD on 03/23/2016 I was surprised to see today’s denial reason. I filed 485 application based on Dates for Filing .e. 1st July 2009 for EB2 category. Not sure why they denied my case since Final action date is not current but I am sure I am eligible to file my application based on date of filing. Is there any way to appeal on this decision ? If appeal gets denied again is there any impact on my current H1B status ?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Guestbook Entry for Thais Peres, United States
Recording of Community Conference (Every Other Thursday), 2015, July 09
Immigration.com
Discussed: FAQ: Refiling I-140 using old PERM (after 180 days);
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;
Guestbook Entry for Guneshwar Sharma, United States
I would recommend Rajiv Khanna and his firm to anyone who wants to have a seamless and worry free experience. Rajiv is extremely professional and gives excellent advises. His great attitude and approach has surely been passed on to his entire team. In my case, he went above and beyond to give advises with a tricky divorce related immigration questions. Last but not the least, Diane, who worked on my case, works faster than the speed of light. She is always super quick in responding to queries and always gives the right information. I am impressed and fortunate to have Rajiv and Diane work on my green card process. I can't thank Rajiv and Diane enough for a smooth and wonderful experience. If at all I have the opportunity to work with them again, I would not think twice. Thank you Rajivji & Diane!!
Recording of Community Conference (Every Other Thursday), 2015, July 23
Immigration.com
Citizenship and Naturalization
Green Card
Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
Recording of Community Conference Call (Every Other Thursday), 2015, June 15
Immigration.com
Immigration Law
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
Recording of Community Conference (Every Other Thursday), 2015, June 25
Immigration.com
Citizenship and Naturalization
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
Thank you for the Continuing Support
Rajiv and his team (Amrita, Anna, etc) go above and beyond when taking on a case. I've experienced it as a student seeking Visa support and as the employer working on an associate's case. I highly recommend their services and look forward in continuing working with their team. Thanks guys!