I-485 denied don't know what to do?

[hope_for_better 0]

I-485 got denied in 7/06 reason says that I was involved in unauthorrized work for more than 180 days. which is clear mistake from USCIS. as my h1 6 year term completed on 02/05 and I am working on ead from that time.

I have valid ead from 01/05 to 01/06 and 2nd from 10/05 to 10/06 but they clearly state in denmial notice that I was involved in unauthorrized work from 02/05 to 10/05 but I have ead for that time.

after denial they didn't inform me or attorney so I am conitnuing working and apply for 3rd EAD which got denied so we enquire to USCIS they send us denial notice on 9/13/06 so we apply for MTR.

my attorney says not to woory you continue doing work as this is there mistake(please note I am working with same company from 2003 to till date, which is my gc sponser), but my worry is that how can I continue work as denial notice says that they terminate my ead and my I485 is closed.

I am talking to my attorney, but he is saying wait, which is killing my time. Knowing that I am not eligible to work I am doing that...as I am the only one source of income for my family.

I don't what are other ways to expediate the process.

My question is shall I stop working till my case get reopen and get new ead. I can't refile I-485 as PD is not current.

my PD 2003 and eb3 india.

[Kez/JWolf 6]

Are you applying for a greencard because you are married to a USC or a greencard through your employer???

[hope_for_better 0]

Are you applying for a greencard because you are married to a USC or a greencard through your employer???

I applied in employment base category(EB3). PD 2003

[Kez/JWolf 6]

It is unlikely that anyone here will be able to help you as this is a Family based immigration forum..... everyone here is getting or got there Greencard because they are married to a USC...

Good Luck

Kezzie

[diadromous mermaid 36]

I-485 got denied in 7/06 reason says that I was involved in unauthorrized work for more than 180 days. which is clear mistake from USCIS. as my h1 6 year term completed on 02/05 and I am working on ead from that time.

I have valid ead from 01/05 to 01/06 and 2nd from 10/05 to 10/06 but they clearly state in denmial notice that I was involved in unauthorrized work from 02/05 to 10/05 but I have ead for that time.

after denial they didn't inform me or attorney so I am conitnuing working and apply for 3rd EAD which got denied so we enquire to USCIS they send us denial notice on 9/13/06 so we apply for MTR.

my attorney says not to woory you continue doing work as this is there mistake(please note I am working with same company from 2003 to till date, which is my gc sponser), but my worry is that how can I continue work as denial notice says that they terminate my ead and my I485 is closed.

I am talking to my attorney, but he is saying wait, which is killing my time. Knowing that I am not eligible to work I am doing that...as I am the only one source of income for my family.

I don't what are other ways to expediate the process.

My question is shall I stop working till my case get reopen and get new ead. I can't refile I-485 as PD is not current.

my PD 2003 and eb3 india.

Your priority date is not current? Was it current when you filed the I-485? My understanding was that even with an approved I-140, one can't adjust unless the PD is current.

[hope_for_better 0]

yes it was current when file I-485. I-485 filed on 10/04 but now its not current so can't refile it so my future is entirly on MTR I-485 don't know how long it will take.

[meauxna 15]

My question is shall I stop working till my case get reopen and get new ead. I can't refile I-485 as PD is not current.

No one here can or should answer that question for you; maybe a second opinion from another attorney would help ease your mind?

[diadromous mermaid 36]

yes it was current when file I-485. I-485 filed on 10/04 but now its not current so can't refile it so my future is entirly on MTR I-485 don't know how long it will take.

When you say that you applied for an MTR, you mean a Motion to Reconsider, correct? Not a Motion to Reopen, which would require that you present new facts. Agreed, these are questions that the OP should be asking his attorney, and if he's uncomfortable with the answers, another consultation.

Edited October 10, 2006 by diadromous mermaid

[Addie_Goodvibes 0]

Follow the advice of your attorney!