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Was I in proper status when I filed my Employment based I-485? (or) Can USCIS deny my I-485 because my H1 was pending >180days?

Dallas, TX |

My H1 extension was pending since Mar 1, 2006 which eventually got denied in Jun 2009.
I applied for my EB I-485 in July 2007

*additional information
http://www.avvo.com/legal-answers/i485-rfe--asked-to-provide-continuous-employment-a-931695.html?callable=false&published=true

Attorney Answers 4

Posted

I see that all 3 of the attorneys who responded to your prior questions strongly suggested that you consult with an attorney.

Have you done that?

This is too complicated for attorneys on an internet blog to be able to help you.

Talk to the company lawyer ... or pay for a consultation with one of your choosing.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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8 comments

Asker

Posted

Yes Sir! Consulted my company lawyer (not the one who filed but a new firm my company hired recently) and also with several reputed firms but there seems to b some disagreement between them as some say I was in proper status with my H1 pending, others say that I should have been in proper H1 status (approved I-797) in the past 6 months to be able to apply for I-485. Thanks for your reply though :-)

F. J. Capriotti III

F. J. Capriotti III

Posted

I would be inclined to go with the advice of the attorney that actually held your paperwork in his/her hands when giving their advice. Of course, the bottom line is that US CIS will make the final decision ... sometimes it is difficult to predict how they will proceed. Good luck.

Asker

Posted

I appreciate you taking time to respond to my comment, the attrorneys mentioned above have all looked at my RFEs and knows about my case details (I can't say they had all my paperwork in their hands, but yes, all relevant details like H1 receipts, H1 RFE, H1 denial, I-485 RFEs and other misc. paperwork). Thanks for wishing me luck, I just don't know which attorney to pick :-), obviously I would like to go with someone who had prior experience handling a case like mine and who can guide me through this mess, but haven't yet come across that person yet, maybe, I am just a unique case. Thanks again!

F. J. Capriotti III

F. J. Capriotti III

Posted

I would lean toward the attorney that had the most papers in his/her hand when reviewing your case. No, it isn't as unique as you thing. Still, every case is different in some respects.

Asker

Posted

Well, if you are willing to look at my documents, I can forward it to your email and would take it from there. Glad to know that my case is not so unique after all :-)

F. J. Capriotti III

F. J. Capriotti III

Posted

Sorry for the typo. I meant 'think' not 'thing'

Asker

Posted

no worries Sir, I got your point!

Asker

Posted

fyi - just sent you an email at ihaveadream@capriotti.com.

Posted

Agreed. Bring all your documents to an attorney so someone can look over your situation and come up with some possible options. Best of luck.

Verdin Law Firm, LLC
Dallas, TX

www.verdinlaw.com

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2 comments

Asker

Posted

Mr. Verdin, I live in DFW area, so I can setup some time with you and take it from there, thanks for the comment. With all due respect, may I know if you have any prior experience with handling such cases? Thanks in advance!

Isaul Verdin

Isaul Verdin

Posted

Please call our office at 214.741.1700 to set up a consultation appointment. We can discuss any questions or concerns you may have.

Posted

I agree with my colleagues.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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1 comment

Asker

Posted

Yes Sir, I have done that already, but thought of asking the above question anyways. Do you by any chance offer a free consultation (even if it is an email one), if so, please let me know and I can email you directly with my scanned RFEs and other documents. Thanks in advance!

Posted

It doesn't sound like it. Take your papers to an attorney.

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1 comment

Asker

Posted

Thanks a lot for your comment, even though it is not the answer that favors me, but good to know your thoughts. It is unfair that USCIS can take whatever time it needs to adjudicate a timely filed premium case (3+ years in my case) and then at the end of the day they issue an RFE which essentially is asking me to prove it to them of how lazy they were in the first place :-)

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