I 485 denied - please help

G

gchopeful1

Registered Users (C)
Hi friends,
Called the IIO today and he informed me that my (and my spouse\'s) case has been denied. I asked him if he meant Intent to Deny or RFE, and he said that it isn\'t an Intent to Deny or RFE, but the case has been denied. When I asked him why it was denied, he said that the reason for denial would be in the denial notice which I would receive in about 30 days. After more than 10 years of waiting, we feel totally devastated. Has anyone encountered or heard of such a situation. Any inputs or suggestions would be very helpful. Was never out of status, have been on H1, and subsequently on EADs.
Thanks a lot for all your help.
Details:
PD: 02/97, RD/ND: 10/99, FP: 03/01, EB2 India
 
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Did you ever get any RFE, if so what where they, and what did you tell/give them. Since you are EB2, I assume you have B.Sc with 5 yrs of experience or M.Sc with couple of years of exp.

Did you verify your/spousal medical and/or finger printing. Did you ever get arrested/convicted, etc. There could be other possibilities, however, at this time I thing one of the above could be a strong possibility.
 
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I guess it could be Intent to deny, Not out right denial. Don\'t beleive these IIO\'s. They says like that only...Don\'t worry much..stay calm and relax and wait for notice. I am you won\'t get denied, definetly they might have lost some info on your file and if you resend the required docs it would be fine. You always have a option od APPEAL as a final resort if they deny your case without a deniable(involvolvement in crimes like drug trafficking etc...) reason.
 
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GChopeful,
Very sorry to hear that. I can understand your agony. But please find out from you attorney if you have a chance to appeal after you receive the denial notice. Please keep us posted what was the reason of denial.
 
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Hello OCT2000, always smile, and GC_ontheWay:
Thanks for your comforting words. I\'ll surely keep you posted. Haven\'t had any arrests, convictions or any of those.. I guess it is a guessing game right now. Will wait for the letter. If only the IIO had given me the reason for denial....
Thanks again.
 
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If you haven\'t got a lawyer now, GET ONE! Also, as soon as the notice comes in, contact your Senator. You pay his/her taxes. And assistance with GCs is a service they provide. Might as well use it.
 
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Hello,

I am sorry it happenned to you at this very moment. I have a strong feeling that they are looking at something that has triggerred the denial.
I\'d suggest you go through all your validity dates of you visas and all the other pertinent information. Also, talk to your lawyer if you have one or contact one immediately so that you can generate a response as soon as you get the notice. You must (and can) do your homework prior to actually getting the notice. You don\'t have to worry if you have all the records stratight and this will come in handy in case you have file an appeals with the Immigration Board of Appeals.

Hope it won\'t be that drastic and from the bottom of my heart, I pray for your eventual approval.

Bhanu
 
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Hi,

I am sorry to hear this. Don\'t worry. I guess INS will not just deny your Application without asking for relevant information. It might be a intent to deny notice.

Did you have any problem in changing the Visa types from F1 to H1 or B2 to H1 etc..,? Did your sponsoring employer have any problem before? I am just raising these questions based on my assumption.

Stay calm.

Thanks
 
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Thanks again for all your support. Really need it right now.
Wanted to add that I never received an RFE and also have never been out of status as far as I know. Have been on H1 right from the day I came to US.
 
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It looks like you were on H1 for more than 6 years. Did you apply for I-485 before the 6 year limit reached?
 
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Were you checking AVM regularly ? Maybe a RFE was issued and your lawyer did not response in time ? Check with your lawyer.

All the best. Dont lose hope so soon. Hire a good lawyer.
 
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I applied for 485 before my H1 expired, it was just on time. My H1B expired on September 4th, 1999; my lawyer sent a fedex so it reached INS on September 4th, 1999. But curiously, my RD is September 24 1999, and ND is October 4, 1999.
I just found out that the notice has been mailed, so I\'ll know exactly what is going on. Also, there was no RFE. I\'ve consulted a few lawyers and they too find it absolutely unbelievable that the case was denied without even issuing an RFE. Also, I was checking the AVM regularly and it still says: "Your I485 was received on ....."
Thanks a lot and we\'ll keep you posted.
 
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Even if you were out of status for a few days, it will not be a problem as your priority date is old. As far as I know there is a law which allows you to pay some fine of $1000 and become legal. Consult a good lawyer. It would be worth it. All the best.
 
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I dont have anything more to add than what all our friends said here. One thing is with your employer - does he/she have a
good record with INS? If everything is right with your file - no out of status etc, legally, they cannot deny your
application. They have to have some basis for denial and from what you wrote, apparently there is none. Best of luck! I am sure
everything will be alright.
 
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HI GCHopeful1,
Really sorry to know your situation and assure you that all our prayers are with you, and you will emerge successful and strong at the end. I strongly think it could be intent to deny and not an outright denial. One sitaution I heard of denial is if the FPs are requested and are not responded in 3 months time, INS will automatically consider that as a violation and can deny.

I am sure you had your FP and other stuff went smooth. YOu can call 304-625-5590 and get your FP information. Also, try to find out what is the reason for denial and see if they can fax you the information (as there will be a 30 day period for responding to such denials). It would be good not to loose any time whatsoever in preparing the rebuttall.

Remember a good lawyer is definitely the need of the hour and there is always an appeals procedure with INS and you don\'t have to worry, as the people who handle those process are very reasonable, and as someone suggested all you may have to pay is a $1000.00 fee (ofcourse there is time and mental worry has to be endured).

Once again I pray to GOD and SaiBaba for your success and peace of mind and be brave.
 
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gchopeful1, it could be another of INS mistakes - and I wish it is just an IIO mistake. What is the AVM message? Get ready for another round of fight...and wait for the letter.

Even if it is denied, you could go to reopen the case if there is evidence (and not submitted to INS so far)that the case could be re-evaluated with fresh evidence. Or if that is not viable go for appeal.

Consult your attorney and wish you good luck.

If it is something silly, you could take it up with INS business liasion as well.
 
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I have not heard of any i-485 rejection so far and so I would say - just take a deep breath and relax. Please don\'t get me wrong, but you would need to clarify the chronology if you wish one of the gurus on this board to help (I am no lawyer and definitely no guru).

You said 10 years of waiting composed of h-1 and eads. Since you applied for i-485 in oct 99, you could be on EAD for last 1.5 years. Assuming you were on h-1 for 6 previous years, then you should have been on f-1 or other visas before that. Am I missing something here ?

Anyway, at this stage, I think you would need an attorney\'s help rather than anyone on this board. Good luck.
 
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Just an observation, I never heard any IIO telling someone over the phone abuot a denial. I applied for NIW in 1997. First they sent me an "Intent to Deny" notice. After my response, they sent me a denial notice. When I spoke with the IIO she told me that a notice had been mailed to me. When I asked what the notice said, she said "You will find out when you get it."

In your case it may be the guy wasn\'t in a good mode. So just wanted to play with you. I am sure he is not right.
 
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Hi gchopeful,

I had gone thru similar status and finally my case was approved.
Give me your personal id and I can give u more details.

Good luck.
 
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