Help Intent to deny

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feyang

Registered Users (C)
I got intent to deny notice. It says "Although you claim on your Form I485 that you are currently in an H1B nonimmigrnt status , your file as well as the Service's electronic records fail to support this information." Actually this is my second H1B, but my salary is 20k lower than what is mentioned in LC.

If any body has similar situation, please help me.

Thanks a lot

PD: 01/15/01
RD: 10/29/01
ND: 12/05/01
Intent to deny: 02/01/03 :mad: :mad:
 
Another Kind of RFE

As I understand from previous posts, Intent to Deny, I just another Kind of RFE.

You need to send proof that you were always on H1B and did not have any period in between when you were in a invalid status.

Your lawyer should be able to help.

But be assured that it is just another kind of RFE.

Best of Luck..
 
get a good lawyer to help you. you have the chance to reply to this notice.

July16 used to get Intent to Deny before, and he is a free bird now.

good luck
 
hey

it is just that u may have to pay a $1000 fine and file 485-A or something. Your lawyer will be able to assist you. If you have been out of status for less than 180 days, you can get away with it by paying penalty and filing 485-A. Don't worry. everything will be alright.
 
Why you do not apply for an EAD.

It looks like your previous employer who filed for your AOS inform INS regarding cancellation of your h1b. Lots of indian body shops so called Presidents are very soft spoken please do not trust on them. They tell you nothing but lies. My friends employer is a very soft spoken indian. He sent cancellation notice to INS regarding h1b visa and never informed him. One day just tell him that company filed bankruptcy becasue they can not afford to pay bills. Charge all personla expense and home decore on company's account and file bankruptcy. then re-start new business under new company name. This is the time to kick back. All previous employee are planning to complain NJ Department of Lobor and inform them the entire situation. Guys do not leave these indian desi body shoppers alone. DOL are looking for several indian so called Presidents to fine them and prison them up to 3 years. Not to mention you will get your wages and all due balance.
 
I am in the same company that is merged with another company under a new name three month ago. I don't think company cancel my H1. It looks like INC destroy all of my history record in their system, or just simply want to get $1000.

Another question:
Does 245i cover the salary lower than that in LC?

Thanks
 
245i and k

245 i and K come into picture only if you have been out of status for any amount of time, less than 180 days.

But if you were not without any gap in your H1s than you should be fine...

As I said earlier, you just need to send complete records of your H1s and probably also details about the merger of your company.
 
feyang - your company should file for a H1 showing the new company name or merger, if they have not done it then it might have no record about you in INS for that comapny. Check if you have a revised H1 filed.
 
Very Easy Solution

Just sent a letter with evidence that you are working on H1B (send you H1B copy)

Good luck!!!
 
correction for the 245-i vs k rule described here

file 245-i if OoS is > 180 days + pay 1000 $

file 245-k if OoS is < 180 days and pay nothing

Both assumes the fact that you were in us end of 2000.
 
Re: correction for the 245-i vs k rule described here

Originally posted by 8yearsus
Both assumes the fact that you were in us end of 2000.
Click to expand...

A slight correction for you.

245i relief requires physical presence in the US on December 21st (or so) 2000, as well as a priority date before April 30th, 2001.

245k relief is granted to ALL EB I-485 applicants, no matter what their priority date, and has no physical presence requirements. It's a very helpful form of relief, and free!
 
Best option is to discuss this with your lawyer(s) so they can check all documents to determine what action is needed to answer the RFE.
Personally, it sounds to me that filing 245i or 245k means you are admitting a period of 'out-of-status', which may not be true in your case if your H1 papers are indeed complete.

In other words, if you do believe that your company have filed the second H1 and have received the approval from INS, pursue this route to straighten the fact with the INS!!
 
feyang,

Did your 485 submittal package include a copy of your H1B approval notice with a CURRENT I94 ? If not, that may be the reason for INS issuing the RFE. The RFE response in this case is trivial. If there are other complications, like "successor of interest" of the merged new company, consult a good attorney.
 
Thanks everyone for your advise. I have sent all of my document, including two H1B approve notices, I-20(transfer from B1 in 1994), employment letter and 3 month pay stubs to my lawyer. I don't want to pay $1000 to INS. INS does not have any record except B1 in their computer.

Now, I have been working with EAD, when the company merged. So I did not renew my H1B.

I will keep giving you updated info.

Thanks
 
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