I-140 Denied? Please Help!!!

[Rohit11]

Hi Guys,

I had filed my I-140 and I-485 concurrently on October 15, 2003. Today I received a letter from USCIS telling...

"Title 8, Code of Federal Regulations, Part 245.2(a)(2)(i) states:
Before an application for adjustment of status under section 245 of the Act may be considered properly filed, a visa must be immediately available. If a visa would be immediately available upon approval of a visa petition, the application will not be considered properly filed unless such petition has first been approved.....
.... The immigration Visa petition filed on your behalf by the employer was denied. Absent evidence that you are entitled to any other immigrant classification, your application must be, and hereby is denied. The regulations do not provide for an appeal from this decision"

Above letter does not clearly mention the reason of denying the I-485 or at least I don’t understand it. Could you please help me to understand the above? What should I do next? My employer’s immigration lawyer is out-of-town and I'm really worried about the legal status and unknowns.

PLEASE HELP.

Thanks in Advance.

-Rohit

[markda_p]

your answer

what you're saying is ref to I 485. this is denied based on deny of I -140, of course (normal procedure). i 485 can not be approved if i-140 is not. so check the answer to i -140, why this was denied. they should explain it to you. also, this denial letter shout tell you that you have 30 days (or 30 + 3 if mailed) to file for appeal. if no action will be taken within that time, the case will be closed as denied and you can't do nothing after that.

my suggestion, if time didn't pass yet (check the refusal letter for i-140):
1. you can file for Motion to re-open/ reconsider, where you should state why you consider thay made a mistake in judjing your case. if this is approved (120 to 180 days!), your i -140 will be re-open and reconsidered.
2. if motion to re-open is denied or if is accepted and your case is stil denied (2nd time!) you can file Motion of Appeal (last chance!)

3. on top of all, even if the final answer is still a refusal, you can file a new i-140 and i 485, all new and from very beginning... the only inconveninece is the long time you have to go over everything again.


hope you'll succeed and don't have to go over again! good luck! this is my opinion