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Refiling Employment Based 2nd Preference I-485. What are the chances of getting another denial?

Rahway, NJ |

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.

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Attorney answers 6


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.

Jeff Khurgel
Khurgel Immigration Law Firm -- Representing Clients in All 50 States
Office (949) 509-6515

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- Representing Clients in all 50 States and Worldwide / 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: / Email: / Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


Impossible to predict you don't know the reason for your denial.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(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.


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.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.


I think you should do yourself a favor, take a deep breath and realize that you need to start looking for an immigration attorney right here in NY-NJ area.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Usually pretty high or even 100%, unless the problem(s) / issue(s) that led to the first denial are properly addressed and taken care of to the satisfaction of USCIS.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.