Notice of Intent to Deny I485-- can I go on F2 visa

[alireza_ark]

Hi,

I have received a Notice Of Intent to Deny for My I485 which was employment based. My wife is on OPT. Can I be dependent of her and stay in USA?

Thank you

 

[nkm-oct23]

You cannot overcome immigrant intent on a F2 visa application and it will be denied. What is your current status? Why is the NOID issued?

 

[alireza_ark]

You cannot overcome immigrant intent on a F2 visa application and it will be denied. What is your current status? Why is the NOID issued?

My green card and H1B has been pending for approval for 2 years and 3 years. I sued USCIS and they interviewed me. They just sent me NOID mentioning that my work experience does not match the work experience of my US entry visa. They are right I worked for two companies at the same time before coming to US. I mentioned one of them on us entry visa application and the other one on my green card application. So they are going to deny my application.

Since my H1B is pending can I stay in US with pending H1B.

Thank you

 

[nkm-oct23]

My green card and H1B has been pending for approval for 2 years and 3 years. I sued USCIS and they interviewed me. They just sent me NOID mentioning that my work experience does not match the work experience of my US entry visa. They are right I worked for two companies at the same time before coming to US. I mentioned one of them on us entry visa application and the other one on my green card application. So they are going to deny my application.

Since my H1B is pending can I stay in US with pending H1B.

Thank you

Are you currently employed under H1b or is an application for H1b status pending with USCIS? Are you employed by the company which filed your I-140? Did you claim holding two full time jobs together outside US on your application?

 

[Jackolantern]

My green card and H1B has been pending for approval for 2 years and 3 years. I sued USCIS and they interviewed me. They just sent me NOID mentioning that my work experience does not match the work experience of my US entry visa. They are right I worked for two companies at the same time before coming to US. I mentioned one of them on us entry visa application and the other one on my green card application. So they are going to deny my application.

So respond to the RFE explaining that you worked for both companies at the same time, with proof of that concurrent employment.

Since my H1B is pending can I stay in US with pending H1B.

How is it pending? Are you changing from a non-H1B status to H1B, or are you changing from H1B with one employer to H1B with another employer?

 

[alireza_ark]

So respond to the RFE explaining that you worked for both companies at the same time, with proof of that concurrent employment.



How is it pending? Are you changing from a non-H1B status to H1B, or are you changing from H1B with one employer to H1B with another employer?

I had F1 visa, started my work with OPT. Company applied for H1B in 2010 which is still pending. They also applied for my green card. I could continue working with EAD card that I received from green Card application. But my H1B is still pending! After I sued USCIS they interviewed me and sent me NOID letter.

 

[Jackolantern]

H1B application pending since 2010? It must have been approved or denied by now and you don't know it.

When you sued them, was it Writ of Mandamus (WOM)? If yes, has the court remanded the case back to USCIS to allow them to decide it? Once you file WOM, the case is under the control of the court and USCIS cannot deny your case unless the court gives back that authority to them.

 

[alireza_ark]

H1B application pending since 2010? It must have been approved or denied by now and you don't know it.

When you sued them, was it Writ of Mandamus (WOM)? If yes, has the court remanded the case back to USCIS to allow them to decide it? Once you file WOM, the case is under the control of the court and USCIS cannot deny your case unless the court gives back that authority to them.

Yes Mu H1b has been pending since 2010 and it is under background check, not accepted nor rejected just pending.

Yes we wrote WOM and asked USCIS to make its decision regarding my MY I485. In order to avoid going to the court USCIS agreed to interview me and to make its decision regarding my I485 case by a deadline. Recently they sent me notice of intent to deny letter. So my lawyer advised me to withdraw the WOM and respond to their letter.