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I485 Denied.

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  • I485 Denied.

    Anyone had this scenario or heared about it.. I have continuously maintained a non-immigrant status and my 2 h1's were filed from Vermont (EAC) and three of them from Texas (SRC), and the current one is from Texas and is valid till 2006 end, with which Iam working.

    I have never been out of status even for a single day from the day i came inside United States.

    Vermont denied my I485 stating that i have not maintained my non-immigrant status from last March ( the new H1 is completely ignored) and hence they cannot approve my I485 under section 245(a) and 245(c).

    The last line in the letter states that "Your application is therefore denied. The regulations do not provide for an appeal of this decision"

    If anyone has got this, what were the steps you took.. or does anyone have any idea, when I called USCIS they asked me to provide necessary evidence and to file a Motion to Reopen/Reconsider.

    Please let me know if will be very helpful. thanks.

  • #2
    let's discuss about it!

    asathya,

    I am confused with your situation, I am not sure what USCIS means "the new H1 is completely ignored". Can you elaborate a little more about your case? Have you never used one of the five H1b visas? Have you applied for H1b transfer and gotten approval, but changed mind and stayed with your old company without cancelling of new H1b? I have a friend facing a similar problem and have consulted with a lawyer...

    Please e-mail me, we can discuss about it...

    Best,
    John

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