QUESTION
How do I file MTR for denied F1 and can we file MTR for withdrwan or abondoned I485?
Asked on Apr 03rd, 2013 on Immigration - Massachusetts
More details to this question:
-CAME ON B1/B2 VISA IN 1999. -B1/B2 TO J1 VISA IN 1999. -J1 TO H1B IN 2003 -LAB CERT DONE MARCH 2004 -EMPLOYER FILED FOR I-140 & 1-485 (EB3) IN 2007. -I140 APPROVED. -WITHDRAW 1-485 IN OCT 2008 (AS SUGGESTED BY MY ATORNEY AS THEY ASSUMED I WON'T BE COMING BACK. I WAS SO NAIVE THAT I NEVER THOUGHT OF GETTING AP OR RENEWING MY EAD). WENT BACK TO INDIA FOR MOTHER'S MEDICAL CONDITION. -AFTER I REALISED WHAT I HAVE DONE, I REQUESTED MY EMPLOYER TO FILE FOR 1-824 IN 2009. I-824 GOT APPROVED 2010. -RECEIVED B1/B2 VISA IN 2009 -CAME TO USA WITH MOTHER FOR HER FURTHER MEDICAL TREATMENT WITH MY WIFE AND YOUNGER DAUGHTER (US CITIZEN) IN FEB 2012. UNFORTUNATELY WE COULD NOT SAVE OUR MOTHER AND SHE PASSED AWAY WITH MULTIPLE ORGAN FAILURE. -GOT EXT OF B2 TILL JAN 31, 2013 -FILED FOR COS FROM B2 TO F1 VISA. -COS TO F1 DENIED MARCH 26th (REASON BEING IMMIGRANT INTENT). MTR ALLOWED WITHIN 33 DAYS. -OPTIONS? IS THERE ANYWAY I CAN FILE MTR FOR MY WITHDRAWN I-485 APPLICATION?
1 ANSWER
2 Awards
Since you withdrew the I-485, it would not have been denied and thus there is no basis for an MTR. It would also be after the 30 day deadline for filing an MTR. You will have to leave the US and re-enter with an immigrant visa.
Answered on Apr 04th, 2013 at 9:52 PM