Eb2 EB-2 concurrent filing "intent to deny" Need Urgent Help!!
Hi every one
Need urgent help with the following: : “INTENT TO DENY”
First let me give you my background:
I-140/I485 filed concurrently Nov-26,2007, Filing under EB-2.
Got my EAD and AP.
Married with 3 kids.
Nationality: Pakistani
F1 status: Sept 2000 to July 2002
Practical Training: July 2002 to July 2003
1st H1-B for Company A: July 2003 to October 2004
H1-B Transfer to Company B: October 2004 to date
Traveled to Pak on Prac-Training between Oct-17,2002 and Nov-14, 2002: Got Registered at the port of entry and re-registered for 30-40 day period again on Dec-23-2002.
Traveled again for my H1 stamping to Canada and registered my self at both exit and entry and the IO also printed the FIN# on my H1 visa: travel dates Dec-11 to Dec 17, 2006
Traveled to Pak between March 9 and April 15 2007, registered my departure at NY JFK but at port of entry the Immigration Officer didn’t ask me to go for special, although I told him that I have to since I am in H1-B but he said yes I know and you don’t have to .
Traveled to Pak on AP between Nov-08 and Dec-01 2008 and went thru NSEER speacial registration again at the port of entry at JFK.
Last week I received a letter “INTENT TO DENY” from USCIS for my I-140and I-485.
And the reason given was that I did not appear for my annual re-registration for Nov-14 2002 Entry.
To my understanding I was suppose to re-register one year after my last registration which to my knowledge was suppose to be Dec23-2003 (one year from my 30-40 day registration) and since they suspended the rule on Dec-2,2003 I never went back to re-register my self, but now reading thru the forums it looks like the one year anniversary is from the date of entry not from 30-40 day registration.
USCIS have also set up an interview with NY ICE office at 26 Federal Plaza on Feb-12.
This is for registration and confirmation whether the alien was subject, and if so, whether any failure to register was willful and/or not reasonably excusable.
I would appreciate if any one can provide some guidance and recommendation as how to proceed with this and what could be the implications and how can I prove that the failure to register was not willful and was misunderstanding of “ONE YEAR ANNIVERSARY DATE”.
Note : I did get RFE for both (AP and EAD) requesting evidence for my 30-40 day reregistration and that went fine.
Hi every one
Need urgent help with the following: : “INTENT TO DENY”
First let me give you my background:
I-140/I485 filed concurrently Nov-26,2007, Filing under EB-2.
Got my EAD and AP.
Married with 3 kids.
Nationality: Pakistani
F1 status: Sept 2000 to July 2002
Practical Training: July 2002 to July 2003
1st H1-B for Company A: July 2003 to October 2004
H1-B Transfer to Company B: October 2004 to date
Traveled to Pak on Prac-Training between Oct-17,2002 and Nov-14, 2002: Got Registered at the port of entry and re-registered for 30-40 day period again on Dec-23-2002.
Traveled again for my H1 stamping to Canada and registered my self at both exit and entry and the IO also printed the FIN# on my H1 visa: travel dates Dec-11 to Dec 17, 2006
Traveled to Pak between March 9 and April 15 2007, registered my departure at NY JFK but at port of entry the Immigration Officer didn’t ask me to go for special, although I told him that I have to since I am in H1-B but he said yes I know and you don’t have to .
Traveled to Pak on AP between Nov-08 and Dec-01 2008 and went thru NSEER speacial registration again at the port of entry at JFK.
Last week I received a letter “INTENT TO DENY” from USCIS for my I-140and I-485.
And the reason given was that I did not appear for my annual re-registration for Nov-14 2002 Entry.
To my understanding I was suppose to re-register one year after my last registration which to my knowledge was suppose to be Dec23-2003 (one year from my 30-40 day registration) and since they suspended the rule on Dec-2,2003 I never went back to re-register my self, but now reading thru the forums it looks like the one year anniversary is from the date of entry not from 30-40 day registration.
USCIS have also set up an interview with NY ICE office at 26 Federal Plaza on Feb-12.
This is for registration and confirmation whether the alien was subject, and if so, whether any failure to register was willful and/or not reasonably excusable.
I would appreciate if any one can provide some guidance and recommendation as how to proceed with this and what could be the implications and how can I prove that the failure to register was not willful and was misunderstanding of “ONE YEAR ANNIVERSARY DATE”.
Note : I did get RFE for both (AP and EAD) requesting evidence for my 30-40 day reregistration and that went fine.
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