I485 Denied due to medical report RFE

[Bala64]

Hello Everyone

Firstly I am  so glad i can have a forum to ask this question and hoping for someone to throw some light.

Here is my quick summary of my status: EB2 Applicant, PD May 1 2009, Got an I140 approved and applied I 485 in Feb 2012 when it was current and waiting for AOS ever since it retrogressed. This month my PD became current and i was eagerly awaiting some good news (Waiting for more than 10 years now!), instead I get a I485 Denial to my utter disbelief. Got my Labor approved when I was working at Google, then I moved to Twitter (after 180 days of I 485 in 2013 or so), then after 6 years at Twitter, I am now a CEO of a start up technology company. 

Reason for Denial: RFE sent May 2018, they acknowledge my response to RFE on Aug 2108 but say my response did not include the medical report I 693 and that one in file (referencing the one i submitted Feb 2012) is expired

Reality: I submitted response to RFE by June 2018 and my lawyer sent another addendum to the RFE on Aug 2018 to resubmit my I485J Confirmation of bonofide job offer/portability clearly mentioning it was an addendum to the June submission.   Looks like the denial letter only references our Aug 2018 and says there is no medical report in there.. when in reality it was not supposed to be in there. The medical report is already submitted in our June response :-(

Question for this group: 

- Has anyone seen or heard a situation like this? Is this something that can be solevable

- I am going to apply for a motion to reconsider shortly.. point out our original response with proof of medical and filing letter from lawyer etc, the dates and content of our responses (june and Aug 2018) and also add an updated fresh medical report as well  -  Is there any hope on this? 

- In anyone experience, how long does it take for the motion to be accepted and case reopened? 

- Unfortunately i did not extend my H1 visa ( iam kicking myself now) and as a result I am out of status now. My 6 years with H1 is over. Is there a recourse to get me on status back by seeking H1 extension on the basis of my approved I-140? I have been using EAD/AP for the last 6 years or so

- Can I stay out of status till I get the results of my motion to reopen my case based on what I see as a clerical error? I am assuming this will not extend to 180 days limit. 

- Given my I 140 is intact, I can file a new I 485.. but with my lack of status now... is this possible? 

As you can see I have lot of questions..would love to hear this forums take on this.. I cannot believe that a procedural lapse as silly as this could literally destroy my family and my life that I have worked so hard to build for the last 15 years as a hard working, high tax paying, legal resident in this country. 

 

Any and every help is highly appreciated

Fingers crossed (nervously!)

 

 

[JoeF]

Do you have a lawyer? If not get one and let the lawyer handle the issue.

[pontevecchio]

I realize you are under a lot of stress. If you have trust in your lawyer, that person will be the one to sort this mess out. You should wait it out and if the facts are as stated, the matter will be resolved. 

[Bala64]

Thank you folks. Yes.. i have a lawyer working on filing a Motion to Reopen the case with the information above. I have also set up a consult for a second opinion next week. 

 

This is a lot of stress indeed folks.. 

Thank you again