Intent to Deny - 09/29/00

K

Khoon Pasina

Registered Users (C)
Hi folks:

I just called the AVR at VSC and was told that there was an intent to deny my application for AOS. After 3 years of waiting, this is a really frustrating situation. While I was relieved that SOMETHING had happened about the application, this is not what I was looking forward to!

What are the reasons for intents to deny? I have read about company name changes and practical training situations being causes for intent to deny. Are there any other?

Thanks.

KP

(EB2-NIW/India, PD 10/97, RD/ND 06/99, FP 04/00)
 
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Company name change should be no problem, have your company write you a letter of Succesive in Intereset, this letter should state that eventhough the company had changed its name, your job description, and teh company\'s business have remained the same, You really need a lawyer though, good luck.
 
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Hayyoot:

Thanks for the note. Have a lawyer, but I suspect he is not the best.

I really do not know what the reason is - apparently it could be insufficient evidence of NIW or EA (so why was the 140 not rejected??), fraud or the use of public funds for support. I don\'t think the any of these three are possible so I am hoping it is the company name change.

I also read (on Sheela Murthy\'s site and Immigration-Law) that many NIW cases have been denied because of a 1998 NYSDOT requirement. Unfortunately, for those of us who filed NIW before \'98, we do not have some of the required evidence. It is quite frustrating as I am trying to pre-empt the letter by obsessing about what the cause of the intent to deny may be! Would not wish this torture on anybody.

Thanks again

KP
 
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If you were self petitioned, you shouldn\'t be affected
by name change. The intend to deny could be due to some
other things, like medical, FP, etc.
 
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I\'m company sponsored, not self-petitioned. So the company name change could be it - but it could be one of many different things! What I can\'t understand is why they did not issue an RFE in this case.

KP
 
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If you are able to check the archive about some
earlier posts (a month back), which involved a case having company
sponsored NIW and name change, and eventually
the case got approved.
 
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Thanks Daveman - I will look.

I spent last night (sleepless!) scanning this site and the web. I think I will compile an archive for folks who may come up after me.

Regards

KP
 
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Khoon Pasina,
Prayers in Helplessness state will be powerful. Just Pray and ask for guidance and help from the supreme source. Everything will work out fine. Good Luck my friend.
 
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I remeber one of the msgs . in this board was exactly similar (intenet to deny), then the IIO called at his house and it was approved. Probably you may have to check with him.
 
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Thanks for the prayers guys! But here is an update - I called my lawyer and he has received the notice (sent out on 9/29, this must be the fastest ever!).

Apparently they are not sure whether I was in status during my entire stay here - I have been in and out of the country frequently and on all kinds of visas. So, instead of asking me for evidence to the contrary, these exceptional bureaucrats have issued a notice to deny.

Anyway, now I have to photocopy every page of my passport and put all the I-20\'s, H-1 and AP documents together. I will pray for one thing - that I have not chucked the I-20s!!!

Will keep you all updated. This forum is a very good psychological boost! With the 2 week suspension of processing (is this true?) I don\'t know how much longer this is now going to take.

Regards

KP
 
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Folks -

My lawyer claims that the photocopied passport pages, I-20\'s (F-1 papers) and I-797s (H-1 papers) went in by FedEx on Friday (10/06). I suspect the papers should get to VSC sometime today (10/10) and then the rusty wheels of immigration may begin to grind again!

All I can do now is pray!

Regards

KP

PS - Correction to an earlier note, I am self-sponsored (till 3 days ago my lawyer had told me I was company sponsored!), so the Company name change should not have been the reason.
 
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Correction - I am self petitioned, not company sponsored. Lawyer was too busy to give me the correct description and I guess I was too lazy to actually check my application...

Apologies

KP
 
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