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Case Stories
❌ EB-2 NIW I-485 Denied - I-140 Transfer Rejection After Erroneous Approval
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❌ **Case Status: Denied**
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Applicant had a prior denied I-140 with an unanswered motion, and requested transfer of their I-485 to a newly approved I-140. USCIS erroneously approved the primary I-485 and issued a Welcome letter before reversing the decision at interview, denying the case on grounds that the I-485 transfer was not accepted.
This case involves a complex I-485 adjudication failure stemming from an I-140 transfer request that was never formally responded to by USCIS. The applicant had a prior denied I-140 and a pending motion, and upon approval of a new I-140, requested that USCIS transfer the existing I-485 to the new petition. USCIS proceeded to adjudicate the I-485 — issuing two medical RFEs and eventually sending both an approval notice and a Welcome letter for the primary applicant. Derivative beneficiaries remained pending for visa availability. At the subsequent interview, USCIS reversed course, stating the I-485 transfer had not been accepted and that the prior approval was issued in error. The I-485 was denied. This represents a significant USCIS administrative error where an approval notice and Welcome letter were issued and then rescinded.
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**[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1rlpxiq/i_485_denied_eb_niw/)**
*Source: Reddit I-485 EB*
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*This post was automatically curated from online sources to share real case experiences with the community.*
This case highlights a critical risk when requesting I-485 transfers between I-140 petitions: USCIS may adjudicate without formally acknowledging the transfer request, leading to erroneous approvals later rescinded. If you have a similar pending transfer request with no USCIS response, consider filing an InfoPass appointment or submitting an e-Request to get written confirmation of the transfer status before your interview. Cases involving prior denied I-140s require particular scrutiny — ensure your new I-140 is clearly on record with the I-485 file. An erroneously issued approval notice does not create a vested right to the benefit, per USCIS policy, meaning rescission is legally permitted. Consulting an immigration attorney to file a Motion to Reopen (MTR) citing the administrative error and the valid approved I-140 is strongly advisable.