GURU'S PLEASE HELP Intend to deny on 485

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Munna_Mobile

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GURU'S PLEASE HELP Intend to deny on 485.
Because of out of status from sept 16th 2001 to dec 4th 2001.
I changed company during that time. I applied with the new company before my previous H1 was revoked but I do not have the H1 receipt from the company which revoved my H1b but I do have the receipt number. Please help
 
You could pay $1000 using 245(i) and continue your processing provided you satisfy the requirements of 245(i). Please contact a competent lawyer AS SOON AS POSSIBLE, since you only have 30 days to respond to the NoID.
 
Munna_Mobile said:
GURU'S PLEASE HELP Intend to deny on 485.
Because of out of status from sept 16th 2001 to dec 4th 2001.
I changed company during that time. I applied with the new company before my previous H1 was revoked but I do not have the H1 receipt from the company which revoved my H1b but I do have the receipt number. Please help
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I think the Notice of Indent to Deny is somewhat serious and thus it is recommended to get in touch with an attorney.

Did you travel outside the US from that time? Search this forum for Status only from LAST ENTRY into the US.

You may be eligible for 245(i) or even for 245(k) and an additional $1000 fee, or you may just fight this by submitting the receipt date.

Search also for H1-B continuity in STATUS. Were you out of work for the period of change? If YES then it is out of status.
 
Hi munna,

1. Did you change from OLD company to new company using H1??

2. How did USCIS know about your "Out of Status"??

thanks
GlenMD
 
I am really sorry to hear about NOID for your case. I think you should seriously consider consulting Rajeev or Murthy or any other competent lawyer and take their valuable advice. If your labor is filled before April 2001 then you can take advantage of 245(i), but you should talk to a good lawyer and proceed.

Once again Good Luck To You Buddy.
 
Hi munna,

Now do you still have I-140 approved?,

Is your I-485 is changed and showing you Intent - to Deny status.

I saw somewhere in murthy forum that you can use 245(i).

But i am not sure that, you can search in murthy's forum also.

Thanks
Glenmd
 
I will keep you posted after I speak to my attorney on Friday

I will keep you posted after I speak to my attorney on Friday
 
Did you get the notice? I do not think 60 days of out of status will trigger NOID. Since it is less then six months 245(K) covers you. Reason might be some thing else. Or They may be just asking for new employment letter.
It may not be scary one.
 
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yes I double checked with my lawyer. This is the only thing they are asking

tammy2 said:
Did you get the notice? I do not think 60 days of out of status will trigger NOID. Since it is less then six months 245(K) covers you. Reason might be some thing else. Or They may be just asking for new employment letter.
It may not be scary one.
Click to expand...

yes I double checked with my lawyer. This is the only thing they are asking. I did not get the notice. My lawyer just got it today. Atleast he called me up the same day without wasting any time. They also mentioned the dates from September 16th 2001 and December 4 th 2001.


Thanks
 
I am sorry to see this message.... I hope and wish that you should over come this issue as soon as possible.... I wish you GOOD LUCK.....
 
Munna_Mobile said:
Mavishka, you had the same issue as far Intend to deny. can you please let me know what you did.
Thanks
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Actually, I didn't realize that your out of status period is very short. Don't worry, you're covered under 245(k) which allows you be out of status for less than 180 days, if I remember right. I think that's the logic my lawyer used in the response letter. In my case though I really wasn't out of status since I was very much on an H1 approved by USCIS.
 
I wonder how they found out the exact out of status dates

Munna, did you provide information to USCIS regarding your out of status period in your I485 petition?

If not, I am not sure how they could extract that information on this. Folks do you have any insight on how they could have obtained this information?

Tim
 
Munna_Mobile said:
GURU'S PLEASE HELP Intend to deny on 485.
Because of out of status from sept 16th 2001 to dec 4th 2001.
I changed company during that time. I applied with the new company before my previous H1 was revoked but I do not have the H1 receipt from the company which revoved my H1b but I do have the receipt number. Please help
Click to expand...
your total days from sep16 2001 to dec4,2001 is less than 180 days(from last entry).
Likely 245(K) under which protection can be asked and it seems legal.245i is not applicable now.
I guess your lawyer can help and write to INS appropriately.Talk to
him ASAP.Pl.post the results.
Did you indicate this gap in your Biographic inforamtion(G325) or your I94 copies shows this?How CIS came to know about this?
 
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I am sorry to hear this

It is very short period.
To use the 245(i), the labor should be filed on or before April 30,2001. I am not sure if it is extened after that. Please check with good lawyer. After long wait, I hate these things happening.
 
To use section 245(i)/245(k), you should have filed for your labor before April 30, 2001 as GCWORLD pointed out and also you should have been present on Dec. 20, 2000 (I am not sure of the exact date) in US.
Or else, if you think you were in status before your H1-B was revoked, you need to prove.
Anyway, your attorney should be able to help you with all the details.
 
Edison_NJ said:
To use section 245(i)/245(k), you should have filed for your labor before April 30, 2001 as GCWORLD pointed out and also you should have been present on Dec. 20, 2000 (I am not sure of the exact date) in US.
Click to expand...

I do not believe that there are any restrictions on the ability to claim 245k relief. This is automatically available to all EB I-485 filers, no matter what their priority date is.

245i, of course, is a different matter and you have outlined the requirements for that relief.
 
I do not have any gap

I do not have any gap. I applied for my new H1B before my old H1B was revoked. Guys don't scare me off. I have litlle bit of knowledge may be less than you guys. I know that worst case i am eligible for 245(i). I have proof that i was not out status.When my h1b was approved it shows that it is valid from 12/05/2001 even though the receipt date is 10/15/2001 from which date I am eligible to work. I applied for H1b from my new employer before previous employer is revoved in November. The I94 from the previous to precious employer is valid from 2000to 2003 so I have the I94 valid from 2000 to 2003 and the other I94 from 2001 to 2004.
Thank you all guys who posted reply for my posting. I really appreciate what you guys have done. I am not scared of anything. In the worst case I will be going to my hometown HYDERABAD which any how I would gone after 5 years even if I get the green card. The best thing will be if I have to leave USA than my company which have no choice other than outsource the project to me because they cannot handle thr project for one day without me. I can earn more than what I do here. I will keep you guys posted my development.
THANKS TO EVERYONE WHO HAVE RESPONDED AND WHO HAVE WISHED ME GOOD LUCK
 
If you applied new H1 before old was revoked you are good. H1 pending is good status. If that does not work 245(k):

Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.

Bottom line - NOIDs are common do not worry too much.

245(i) 245(k)
 
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Munna...you do have a positive outlook. Keep it up. Dont lose your sting.
And I am sure that you'll get it thru with the help of a competant attorney.

I am not as expert as the others here to talk about 245(i)/(k). the least i could do is to give you some moral support.
keep your faith.
:)
 
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