I am currently on 7th year H1B and got a straight denial for EB2 I-485. EB3 I-140 approved on March 2008 and EB2 I-140 approved September 2012. EB3 PD not current so I filed for AOS based on EB2 I-140 since it's current. I went to FP and medical was good so I'm really wondering why my AOS was denied. Almost a month now after denial and still haven't received Denial Notice. I called USCIS many times already, spoke to Level 2 Officer but couldn't give me the reason for denial so I requested the denial notice to be re-sent but still haven't got anything in the mail yet. Level 2 Officer said that no RFE/NOID were issued. Had a new H1B stamp last January 2013 and never used EAD/AP so I believe I'm still on H status. I'm thinking of refiling I-485, submit all needed documents and get new lawyer.
Impossible to predict you don't know the reason for your denial.
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Carl Shusterman, Esq.
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There are a number of reasons the AOS might have been denied, despite your having been fingerprinted and medically cleared. Take a copy of your entire EB3, EB2 and adjustment filing to an attorney in order to get a meaningful answer to your question. Use email/scan and fax if the attorney is not nearby. The attorney can evaluate and then advise you as to how to best follow up with USCIS.
Khurgel Immigration Law Firm -- Representing Clients in All 50 States
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How do you know that your I-485 has been denied if you do not have a copy of the decision? When was it denied? It is important to know the basis of the decision to determine whether the denial was based on the law or as matter of discretion, as that will impact reviewability of the decision. Likewise, any appeal must be filed within 30 days of the date of the decision. I would not file another I-485 because you do not know the basis of the denial and consequently will likely receive another denial. Yes, I would definitely consult another immigration lawyer.
Depends on the reason for the denial and whether those reasons have been overcome.
The Court of Appeals for the Ninth Circuit has stated that immigration laws are "incredibly complex" in nature.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
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