Shehroz Kiani
Dec 21, 2023
i485 Denial
Hi Everyone, I recently got a denial notice for my EB-2 employment based. Denial notice states, Immediate visa was not available at the time I filed the application. However, I verified myself and three different attorneys, that I was current and remained current. I am current even now. USCIS made this decision in an error. I spoke to different attorneys. Couple of them suggested to file a motion to reopen and said that they cannot tell how much time this motion will take (could take upto 2 yrs), and one of the attorneys suggested to file a lawsuit against USCIS. He said that since this is a very clear and fat mistake from USCIS, they will approve this case within 2 months of the lawsuit notice.
I am in process of deciding which route to take. Any suggestions that what would you guys do in my situation? Will appreciate the help alot.
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Mr GreenDec 21, 2023
So sad to hear about your predicament. I will suggest you follow your attorney advise and file a law suit asap.
Abhishek ThapaDec 22, 2023
what was your PD?
Shehroz KianiDec 22, 2023
11jan22
Abhishek ThapaDec 22, 2023
i have a similar PD jan 2022 and still waiting for my i485, my current status says: visa bulletin not current or case held in abeyance, got this update 30 days back. Did you have this status or anything as such? or was it just denied after status was in pending?
G L-BDec 22, 2023
I would file the law suit and make the process quicker or if you’re patient enough wait it out, but I’m not that person and I know my rights 🤷🏻♀️
brsygn brsygnDec 23, 2023
if visa not available your case status should be pending not denial, interesting
Ainagul KarashevaDec 24, 2023
You should Sue the Uscis.
Shehroz KianiJan 24, 2024
I filed a Motion to reconsider last week. Lets see if this option works; if I don’t hear back in 3-4 months, I’ll take the lawsuit route then. Thank you all for your support.
Lalo FringApr 2, 2024
@Shehroz Kiani I was wondering if you have any updates on the motion. I filed a motion to reconsider for my 485 last Dec and haven’t got any updates after been received.
angie AntunesMay 17, 2024
@Lalo Fring do you have an update. my green card just got denied
