I-485 denied while applied COS under AC21

[vshar]

Hi Folks,

I am in a stressful situation of getting my I-485 denied. I filed I-485 during July 2007 fiasco. My I-140 was approved on 3/18/2008. I used my EAD and took permanent position with a new employer on 6/2/2008. I applied for change of status under AC21 on 12/26/2008. USCIS texas center received my request on 12/31/2008 and on 1/1/2009 denied my I-485. I checked online and my I-485 status is "Denial Notice Sent".


I haven't received the notice yet so I don't know what I have done wrong. I read on other online forums that this has happened to many other folks.


My previous employer confirmed they haven't revoked my I-140 .

Does anyone know what are my options now and how soon I need to leave the country?

Thanks,

Vik

[txh1b]

Hire a good attorney and get an MTR immediately. You have 30 days to respond. Don't waste time on the forums.

If the denial for 485 is for some other reason other than I140/AC21, then you have to see what it is. Are you working on EAD? If so, you should stop. If you have H1b period left, you could use it with your new employer.

[vshar]

Thanks txh1b for quick response.

My lawyer said we need to wait for the notice which they have not received. I H1B visa is valid till apr 2009 so I may switch to it.

[txh1b]

Did you transfer the H1b along while you changed employers?

[vshar]

No, I used my EAD with the new employer.

[txh1b]

You have a problem then to continue working.

[vshar]

How long can I work with the new employer( with whom I used EAD)? Either me or my lawyer have not receive the notice yet.

[txh1b]

You have to stop immediately as it has been denied meaning you have no authorization to work.