I-485 denied

[iftsal]

Here is my immigration history:

1) H-1B expiring on October 20, 2005. Filed for extension on October 3, 2005.
2) Labor filed on September 28, 2005 and approved on November 21, 2005.
3) I-140 (EB2) filed on January 9, 2006 and approved on June 12, 2009.
4) I-485, EAD, AP filed on August 16, 2007.
5) EAD approved for period October 17, 2007 - October 16, 2008
6) EAD extension filed on September 2, 2008 and approved for period December 1, 2008 - November 20, 2010.
7) RFE issued on H-1B on August 22, 2009. H-1B denied on October 29, 2009 because employer chose not to respond to RFE (I had EAD).
8) RFE issued on I-485 on July 13, 2010. Response received by USCIS on August 6, 2010.
9) I-485 denied on October 18, 2010. Reason from the denial letter: "Since the H1B EOS (Extension of Status) request was denied, it did not grant, or have the effect of granting, a lawful status during its pendency."


Do you guys think it is best to file for MTR. Can I file for H-1 on approved 140, go out of the country, get visa stamped and return, then file a new I-485 ?

I will be talking to few lawyers as well.

Thanks in advance for your responses.

[immiwait]

I wonder why you decided to renew H1B in the first place. These days, its lot easier and simpler if you continue onto EAD rather than trying to renew the H1B.

[BigJoe5]

So, they denied the I-485 for AOS.

Was there any discussion about the underlying I-140 and if you can go abroad and seek an immigrant visa and re-enter the U.S. to gain immigrant status?

I'm just wondering what they actually said to do, if anything.