What are typical reasons for I485 denial?

[ValerieA 350]

Hi Newbie,

Do a Google Search.

"Can you travel outside US while waiting on AOS"

http://www.hooyou.co...iling-memo.html

http://immigration.i...485-is-pending/

Above are just 2 sites which MAY apply to you.

It sounds like your travel outside the states, while permitted, may have cancelled your I-485 application and you may need to reapply.

But you need to talk to your Lawyer and ask him/her to verify the legal requirements and if you broke them by accident.

While Harpa wants to bet her Mortgage on her advice It sounds like she may need to calm down a little

We are all here to seek help/advice and share experiences with fellow applicants.

Good luck. I'm sure it will get sorted.

OP is on an H1-B visa which allows travel during AOS, so no, it isn't that. Harpa is a very knowledgeable member on here, she is usually spot on with her advice. General consensus is something administrative is the issue, likely the RFE, although missing the interview is also a possibility (I had to have my green card redelivered because of USPS, wouldn't be at all surprised if the interview letter got misdirected).

Edited for total misuse of a word. My English teachers would shudder.

Edited September 17, 2012 by ValerieA

[IreMex 2]

OP is on an H1-B visa which allows travel during AOS, so no, it isn't that. Harpa is a very knowledgeable member on here, she is usually spot on with her advice. General consensus is something administrative is the issue, likely the RFE, although missing the interview is also a possibility (I had to have my green card redelivered because of USPS, wouldn't be at all surprised if the interview letter got misdirected).

Edited for total misuse of a word. My English teachers would shudder.

Harpa maybe very knowledgable but it's the tone of her comments I find unreasonable. A bit caustic and condesending!!!

It's Nice to be Nice

[Harpa Timsah 13,258]

I don't see how I am being unnice. Should I put a smiley on things? The only thing I see that was slightly not nice was that there was lots of bad info here, but that was just true. It's hard when people make random guesses and cause undue stress. Of course, we all make mistakes, but randomly guessing is harmful.

[IreMex 2]

I don't see how I am being unnice. Should I put a smiley on things? The only thing I see that was slightly not nice was that there was lots of bad info here, but that was just true. It's hard when people make random guesses and cause undue stress. Of course, we all make mistakes, but randomly guessing is harmful.

Harpa,

Lets review your first comment.

Your first comment is #14

So of the previous 13 comments made by members 5 were made by Newbie and one by an Organiser

2 people talked about RFE's

2 People talked about having to wait for the Letter of Denial to arrive

1 Person said travel was not possible

1 Person takled about firing her Lawyer

All Valid points for the information available, the first 2 which you have alluded too in some of your comments.

So Where does the "Wow, lots of bad info here...." statement come from?

Germany is not on the "2 year Home-Residency requirements" list. So much for "Random Guessing and bad info"

So OBVIOUSLY you did not do your homework.

Whether it was a travel problem, RFE request or a Lawyer screw up we are all guessing!!!

Harpa I do understand that you are trying to help but you have a dismissive attitude toward other people on this site that is rude. No smiley face will correct that

People on this site are only trying to help. The receipient of the comments posted here realise that they ,the comments, are only suggestions and as such not LEGAL ADVICE.

Newbie, IMHO, your best option, while waiting for letter, is to go back to your lawyer and backtrack the process and see if anything is missing. But he will probably say we have to wait to see why the application was denied because as of now who really knows?

Best of luck and Sorry for the Sidetrack comments

[Harpa Timsah 13,258]

It is possible to have J-1s with 2-year HRR's from Germany; you are mistaken (the list you refer to is not complete and confuses many). It is up to the agency, not the country. You are attacking me and I am attacking no one. I won't respond further to you.

Edited September 17, 2012 by Harpa Timsah

[ceadsearc 515]

Pretty sure "lots of bad info" was in reference to the comments made that traveling outside the US was the problem, because OP is on an H1-B. I am assuming that because I would have posted the same thing has Harpa not beat me to it.

Regardless of whether anyone likes the way Harpa comments or not (I didn't see anything I would have been offended with were it me), Harpa is extremely knowledgeable, has been on these boards for a long time, & I've never seen her post something she isn't sure is true (at least, not without outright saying she is not sure).

OP, have you received the letter from USCIS yet?

[DandT14 272]

Harpa provides a lot of good help to people who need it. She gives accurate information without trying to scare people. I appreciate it, even if she forgets to blow kisses when she's done typing.

[IreMex 2]

I am only holding Harpa to the same exact standards that she expects from others.

If she wants to chastise people for giving "lots of bad info" (I still don’t see how one post in 14 is lots) and "Randomly guessing"

She should be open to the same criticism herself.

To her J-1 Home residency point (#35) I would like to point out to her that

1. Germany is not on the list provided by the Department of State. (Revised in 2009)

And it categorically states that any country not on that list is not subject to the "Two year home residency requirement"

http://travel.state.gov/visa/temp/types/types_4514.html

I don’t know how that can be confusing!!

2. The Office of international Affairs at The University of Chicago specifically mentions Germany as a country not Listed in above Program

http://internationalaffairs.uchicago.edu/page/j-1-status-two-year-home-residency-requirement-two-year-repeat-bar

3. That anybody on a J-1 Visa, subject to the Home Residency Requirement, cannot adjust Status to a H,L,K or LPR Visa unless said requirement has been satisfied

And since OP is on a H1-B Visa we can assume that the "J-1 two year home residency requirement" is

a. non factor in this case

b. Requirement satisfied

c. Requirement Waived

http://travel.state.gov/visa/temp/types/types_1267.html#15

So if you are talking about bad information..........!!!!

Slan agus Beannacht

PS. Harpa when I'm in Berlin next week I will scold Chancellor Merkel for not requesting Germany be put on the List

[Harpa Timsah 13,258]

The list I refer to, as I said, is not complete. There was a person on this board from the UK, who had gotten a J-1 subject to the 2-year HRR. While we are here, UK is not on the list you are referring to as absolute, but this person was subject to it. That is determined by the agency, not the country. This person then got a K-1 by mistake even though the 2-year HRR had not been fulfilled (you say it is impossible, well it happened.) Then the person filed for AOS and was denied, because his HRR had not yet been fulfilled.

Yes, it can happen.

If you don't like my advice, you can ignore me.

[Ban Hammer 12,836]

one post removed that is off topic. please stay on topic to help the op or risk admin action.

charles

vj moderation

[Kathryn41 3,205]

Second post removed for continuing the off topic derailment and for petty personal attacks.

As Charles has already posted, please restrict your comments to the question asked by the OP - about possible reasons for an AOS to be denied - and do not continue to derail the topic. If you cannot contribute constructively to the topic instead of attacking other members then do not participate in this thread at all - or we will help you not to participate.

Kathryn

VJ Moderation Team