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i485 denied. MTR applied.Should i apply thru spouse (US citiz)

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  • i485 denied. MTR applied.Should i apply thru spouse (US citiz)

    I am EB2 sponsored by my employer- in the final stage of the 485 we were denied because apparently they sent a letter to my old address even though i had changed the address over 3 MONTHS before they mailed a query! To date,we have not received a denial notice -only an email since we signed up for htat service. In all of our calls they have refused to discuss anything that was in the original letter but have said that the denial ( via email 7/29) was due to abandonment.

    TTo not lose status,we have proceeded to apply for the Motion to Reopen (MTR) with a detailed letter showing every instance and every phone call we've had with them where they claimed to have updated our address.We;ve also booked an INFOPASS appt for next week.

    Separately, my spouse is a US citizen -should we go ahead and apply with the i-130 through him while the MTR is in process or should we wait? My H1B is valid through 8/09 so we're in that in between phase not knowing where to proceed.

    All help appreciated. i will share any learnings with folks
    G

  • #2
    Whats next is a deportation letter. So don't stress it, sit tight and wait for that letter from the court. As soon as you get it, get yourself an EXPERIENCED laywer and let him speak for you in court. I am positive that if you have a clean record and all everything will be fine.
    Good luck.

    FYI
    Make sure they have a right address

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