GURU'S PLEASE HELP Intend to deny on 485

Best of luck..

Keep it up with your positive attitude.

Everything will work out in a good stride.

GlenMD
 
Just spoke to my lawyer

Just spoke to my lawyer. He said that we is going to put two arguments. One to say that I was on status during that period. The other is that if the INS cannot accept the first argument that the check for $1000 using 245(i). (I do not know if I can use 245(i) as I am using substitute labor. If I have to use 245(k) than I have to go for Counsular processing).
Any suggestions if We are doing the correct arguments.
 
It seems that you are in status during that period and the first argument of your lawyer should be enough to clear you. I am not sure if your lawyer can use 245(i) because your's is a substitute case and i am not sure if the original labor is filed before April'30/2002 and even if it does, if it applies to you. Ask him to explore 245(k) since that might be a better option. But i am 99.99% sure that the first argument will clear this problem.
Good Luck.
PS: Please delete the other thread you have created.
 
Thanks satish

I spoke to my previous employer and they said that even though my H1b from thier company was approved on Oct 1st 2001 they send the revocation letter which was received ny INS at the end of October 2001 but the revocation letter stated the date as from September 15th 2001. My new H1b which I applied in the first week of October has receipt date of Oct 16th 2001. Basically I cannot prove that I was on status from Spet 16 to Oct 15th 2001 eventhough my H1B from the employer was approved on Oct 1st 2001 and the revocation letter received by INS was last week of October (as the date mentioned in revocation letter was Sept 16th). What do you guys think I should do. I do not have the receipt notice from my previous employer who revoveked my H1b but I do have the LIN#. From the website I can take the printout as the proof saying that the H1 was approved on Oct 1st. I do not have the pay stubs for that month period. Do you guys have any idea on the grace period allowed between 2 H1B (to be out of status). If not if I use 245(k) do I have to do Counsular Processing? PLEASE HELP
 
glenmd said:
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
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425(i) was from dec 2000 till april 2001, did you start your lc by those dates??
or better said did you filed for a lc between 1998 till apr 2001??????
if so you qualify for 245(i) just pay 1000, on your response to your NOID complete suplemental I-485 and sent your 1000 check , per adult over 16 yrs age
 
I am a little bit confused by your post---you mean your H1b from previous employer was appoved on Oct 1 2001, that means you don't have a appoved H1b before Oct 1 2001. In that case, your previous employer don't have to revoke your h1b start from Sep 15 2001.

If your H1b is revoked, the USCIS website will show that your H1b is revoked.
 
245k

i think you must have misunderstood what your attorney told you. there is no correlation between 245k and cp. 245 k allows you to adjust status (that is 485) in u.s. if your status violation since your last entry into u.s has been less then 6 months. if you have travelled outside since your new h1 renewal then there is no issue of past status as per 245k for employment based cases. even otherwise you would qualify for 245k since apparently the questionable period is less then 6 months. there is no additional fee to be paid for this relief. speak again to your attorney and/or get additional opinions from other attorneys if required. good luck.
 
kuversa said:
i think you must have misunderstood what your attorney told you. there is no correlation between 245k and cp. 245 k allows you to adjust status (that is 485) in u.s. if your status violation since your last entry into u.s has been less then 6 months. if you have travelled outside since your new h1 renewal then there is no issue of past status as per 245k for employment based cases. even otherwise you would qualify for 245k since apparently the questionable period is less then 6 months. there is no additional fee to be paid for this relief. speak again to your attorney and/or get additional opinions from other attorneys if required. good luck.
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I recently went to India in March 2004 using AP entered US on March 28th 2004. had no issues at the POE.
 
mark rajiv said:
I am a little bit confused by your post---you mean your H1b from previous employer was appoved on Oct 1 2001, that means you don't have a appoved H1b before Oct 1 2001. In that case, your previous employer don't have to revoke your h1b start from Sep 15 2001.

If your H1b is revoked, the USCIS website will show that your H1b is revoked.
Click to expand...
When I check the website using the H1b receipt of the company which revoked my H1b it still says that the this case has been approved on October 1st 2001. I was working with my previous employer using the receipt notice which was applied in June 2001.(as far as i remember you can work with the receipt notice legally for the company).
 
As per law, there is no grace period between two H1B's but the service centers have their own operating procedures where they over see some gap. I guess that your lawyer's approach is convincing. Try to convince INS that you are in status (tell them that your current employed hired you are not told by your previous employer about the termination in September). If they don't listen to your argument1, the argument 2 should help, if that is on correct legal grounds.
 
Perico said:
425(i) was from dec 2000 till april 2001, did you start your lc by those dates??
or better said did you filed for a lc between 1998 till apr 2001??????
if so you qualify for 245(i) just pay 1000, on your response to your NOID complete suplemental I-485 and sent your 1000 check , per adult over 16 yrs age
Click to expand...
Mine is a labor substitution so I do not think I fall into 245(i) category.
Thanks
 
In any case, your time of out of status is less than 180 days, you shold be fine under section 245(k). what your lawer says about it? Make sure he know what he should know.
 
I applied H1 extension second time 4 yrs ago. ame company same job title everything same and i got rejected ( thanks god they now took it from Vsc as a desicion maker just recently. Probably the number of the appeals and the number of brainless officers at VSC. ) I went for appeal and got rejected. To make the story short I fell in to out of status. Then paid the sweet $1,000 (which they asked at the time of RFE) and submited it.
Hence, my theory it is ok as long as you pay the sweety 1K you are cool.
Each case has different character and obligation. This is my experience and I am not an expert.
 
dsatish said:
As per law, there is no grace period between two H1B's but the service centers have their own operating procedures where they over see some gap. I guess that your lawyer's approach is convincing. Try to convince INS that you are in status (tell them that your current employed hired you are not told by your previous employer about the termination in September). If they don't listen to your argument1, the argument 2 should help, if that is on correct legal grounds.
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My argument 2 for 245(i) I don't think I am eligible as I have used labor substitution. I am eligible for 245(k) where in I think i do not have to pay fee correct me if I am wrong.
 
Munna_Mobile said:
My argument 2 for 245(i) I don't think I am eligible as I have used labor substitution. I am eligible for 245(k) where in I think i do not have to pay fee correct me if I am wrong.
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It is very very clear,
If less than 180 days is the issue,
1)You will not go for 245i and further 245( i ) condonement provision for violation ceased long ago (allowed between a specific period in the past)and it is not available now.,if I remeber well.So don't bother about this.
2)You can take shelter under 245 K and there was no applicability period restrictions like ..you need to apply before such date,if I remeber.
(See whole murthy.com under 245 i and 245 k).
If your issue is only period gaps <180 days,I am not sure how this cropped up as an Issue for CIS,probably the adjudicator may not be aware of this provision or confused and bothered about revoked H1?
what your lawyer says about 245( K) in your case and what is his response.
------------------------------------------------------------------
Only lay man's opinion.
 
Participant said:
It is very very clear,
If less than 180 days is the issue,
1)You will not go for 245i and further 245( i ) condonement provision for violation ceased long ago (allowed between a specific period in the past)and it is not available now.,if I remeber well.So don't bother about this.
2)You can take shelter under 245 K and there was no applicability period restrictions like ..you need to apply before such date,if I remeber.
(See whole murthy.com under 245 i and 245 k).
If your issue is only period gaps <180 days,I am not sure how this cropped up as an Issue for CIS,probably the adjudicator may not be aware of this provision or confused and bothered about revoked H1?
what your lawyer says about 245( K) in your case and what is his response.
------------------------------------------------------------------
Only lay man's opinion.
Click to expand...
Thanks.
My issue is for the period of one month (30 days) only. Even I am surprised why the officer did not use this rule and just approve the case may be he had a fight with his girlfriend or wife or may be they did not let him have you know what so he was pissed off.
 
245(k) is there to help you

some information:

http://www.immigrationlinks.com/news/USCIS%20Training%20Materials%20on%20Sec%20245(k).pdf

also USCIS.gov mentioned about this.
 
GOOD NEWS guys

GOOD NEWS guys. I just got the copy of Intend to deny from lawyer. It say that I was out of status for more than 1 year. The dates mentioned in the NOID is exact dates of my second H1b extension. They missed my 2 H1B details which i send it when filing 485. So the INS could not find the my second H1B starting from Sept 16th 2000 to December 2001. They are not even looking at the one month period in sept 2001 where in I do not have the pay stub. I have all the pay stubs from my first company from september 2000 to June 2001. So I think I am OK.
See below for my status details:
Feb 1998 came to usa from Company A.
Applied & approved H1B from company A in September 2000
Joined in Company B from July 2001 to Sept 2001 (worked on H1B receipt notice)
Joined Company C H1B notice date Oct 2001 Approved in december 2001
Still working for Company ( they applied my GC)
ONCE AGAIN THANK YOU ALL THE GUYS WHO HAVE RESPONSED. I WILL KEEP YOU GUYS POSTED.
 
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Looks like you are going to be fine

Initially I was surprised when you mentioned that USCIS was actually able to catch the transition period between jobs.

The sad part is, they did not bother to check their systems for your visa status from the time you entered the country before sending you an Intent to Deny notice. They could atleast have taken the pains to go through all the supporting documents.

All the best.

Tim
 
Tim Willis said:
Initially I was surprised when you mentioned that USCIS was actually able to catch the transition period between jobs.

The sad part is, they did not bother to check their systems for your visa status from the time you entered the country before sending you an Intent to Deny notice. They could atleast have taken the pains to go through all the supporting documents.

All the best.

Tim
Click to expand...
Yes I agree with you. I sent all my H1B approval copies when i filed my 485,

Thanks
 
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