I tried to mention by at the end of my I140 appeal brief to reopen the I485:
In the event that the Nebraska Service Center does not treat this Appeal as a Motion to Reconsider the I-140 and the I-140 is approved upon appeal, Petitioner/Appellant moves that the Nebraska Service Center reopen the underling I-485 applications as at that point it will clearly be shown that they never should have been denied in the first place.
Since I believe that NSC has received the results of the appeal, will they decide to reopen my I485 case automatically? Or I should file a motion-to-reopen to NSC?
-No matter what, if you have received the I-485 denial notice, you need to file a Motion to reopen/reconsideration (MTR). If you do not file MTR in this case, they may not process your previous I-485 because they might consider that it was denied already. If you have never received the I-485 denial notice, your I-485 will continue/reropen automatically to be processed.
You may contact USCIS by phone, mail, or going to USCIS local office to check your I-485 status before you do something. If you find your I-485 is still pending, you do not need to do anything.
Someone suggested me not reopen the I485 directly(because no visa number is available currently), but apply for my EAD and/or AP and do the explanation. At that point, if it's reopened, it's reopened. Does that make any sense?
In the event that the Nebraska Service Center does not treat this Appeal as a Motion to Reconsider the I-140 and the I-140 is approved upon appeal, Petitioner/Appellant moves that the Nebraska Service Center reopen the underling I-485 applications as at that point it will clearly be shown that they never should have been denied in the first place.
Since I believe that NSC has received the results of the appeal, will they decide to reopen my I485 case automatically? Or I should file a motion-to-reopen to NSC?
-No matter what, if you have received the I-485 denial notice, you need to file a Motion to reopen/reconsideration (MTR). If you do not file MTR in this case, they may not process your previous I-485 because they might consider that it was denied already. If you have never received the I-485 denial notice, your I-485 will continue/reropen automatically to be processed.
You may contact USCIS by phone, mail, or going to USCIS local office to check your I-485 status before you do something. If you find your I-485 is still pending, you do not need to do anything.
Someone suggested me not reopen the I485 directly(because no visa number is available currently), but apply for my EAD and/or AP and do the explanation. At that point, if it's reopened, it's reopened. Does that make any sense?
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