I485 Notice of Intent to Deny - What to expect?

M

MexSeattle

Registered Users (C)
Hello Experts - I have been processing my papers since 2002 (LC approved 12/04, I140 approved 11/05 (I485 filed shortly after). I was fingerprinted on 2/06. In April I got an RFE about an I-20 from a school I attended in 1997; I have since lost the document and the school does not keep records for over 5 years (except transcripts of course). In my application I sent the diploma, transcripts and copies of all my visas. In April I received an RFE request for the I-20 that I cannot produce. I did send more copies of transcripts and the diploma as well as a copy of a letter from the registrar at my school explainig why I would not have the I-20. In early June I got a notice of intent to deny :( based on the I-20 claiming copies were not good enough and that they were not persuaded by the evidence. The argument is that I would have been out of status for at least a year (which is totally not the case). After the NID I sent originals for everything they asked.

I am really concerned since my application was complete, had all my docs in order and it would be catastrophic to get rejected over one piece of paper.

I am EB2/RIR.
LC 12/2004
I140 11/2005
I485 filed 11/2005
RFE - 4/2006
NID - 6/2006
Current processing dates are 11/2005 (so i am in that slot)

Any ideas!!!
 
A suggestion

I know, you must have thought about this, but just if you are too stressed out, to have tried, this one thing. Contact all the law firms, who processed your H1-B before. If they have the I-20, it will solve the problem. Desperate times require desperate measures. I hope everything goes fine.

Try in your home country and every possible avenue. You must have atlease some copy somewhere.
Raj
 
Did you contact the Office of International Students at your school? They should definitely keep I-20 copy or other records. Besides they are the ones who can testify that you were there, you were in good status, and you graduated from this school. Let me know how it goes. Also an intent to deny does not mean they deny it, right? So use the time, and get ready. You cannot lose this, you went so far. Good luck!
 
try talking with driver licence folks

MexSeattle said:
Hello Experts - I have been processing my papers since 2002 (LC approved 12/04, I140 approved 11/05 (I485 filed shortly after). I was fingerprinted on 2/06. In April I got an RFE about an I-20 from a school I attended in 1997; I have since lost the document and the school does not keep records for over 5 years (except transcripts of course). In my application I sent the diploma, transcripts and copies of all my visas. In April I received an RFE request for the I-20 that I cannot produce. I did send more copies of transcripts and the diploma as well as a copy of a letter from the registrar at my school explainig why I would not have the I-20. In early June I got a notice of intent to deny :( based on the I-20 claiming copies were not good enough and that they were not persuaded by the evidence. The argument is that I would have been out of status for at least a year (which is totally not the case). After the NID I sent originals for everything they asked.

I am really concerned since my application was complete, had all my docs in order and it would be catastrophic to get rejected over one piece of paper.

I am EB2/RIR.
LC 12/2004
I140 11/2005
I485 filed 11/2005
RFE - 4/2006
NID - 6/2006
Current processing dates are 11/2005 (so i am in that slot)

Any ideas!!!
Click to expand...


I think you may have thought about it. For issuing driver licencse you would have given a copy and try if you can get a copy of it.
 
Assuming you have re-entered the US after finishing your studies and before filing I-485, shouldn't you be covered by 245 (k)? I thought they can deny a 485 if you've been out of status, but only if it is for more than 180 days since the last entry into the US.
 
Thanks everyone for the replies.

I have tried everything. My old school (as most universities) doesn't keep records for over 5 years. They did send me a letter from the Registrar and I have all my transcripts, diplomas and copies of the visas in my passport.

I sent USCIS all my I-94 #s since I have a job that requires international travel and I leave the country at least 10-12 times a year. I have been in lawful status 100% of the time I have lived in the US.

As far as any existing copies of the I-20 the only places where I think there could be copies in the Office where I got my SS # (in IL, now I live in WA) and with USCIS (ironically) since they processed my OPT back in the day. There is even a LIN # associated with this so I wonder why they can't just retrieve the copy with the Freedom od Information Act.

I think my case is really well put together and my firm has spent a ton of money in attorneys to process my case; this is why I'm surprised they are being so difficult over single document. Not sure if I should be reading into something else .
 
Just thinking - another option, does anyone know what is the procedure if one loses I20? How can we get a duplicate? Can't you request a duplicate copy from USCIS? Also where did you open your first bank account? Could be they keep a copy of this? And also you said you checked registrar at your school. How about Office of International students? Also when visas were issued in your home country at the embassy, you gave them copy too? How about there?
 
Do you have a F-1 visa stamp in your passport?

Mexseattle,

If you do have a F-1 visa stamp on your passport and you have transcript showing that you have registered enough credit, F-1 status is established. Am I right? Is USCIS just being difficult? I have similiar situation here and just about to file I-485. Good luck.
 
Last edited by a moderator:
Hi everyone - I checked my online case today and found that a welcome letter was sent on 8/31. I assume this is good news but until I hear form my attorney or see any actual papers I will still be a little cautious.

Hopefully this means I'm closer to getting this done for once and for all.

Don't lose any I-20's by the way! :p
 
MexSeattle said:
Hi everyone - I checked my online case today and found that a welcome letter was sent on 8/31. I assume this is good news but until I hear form my attorney or see any actual papers I will still be a little cautious.

Hopefully this means I'm closer to getting this done for once and for all.

Don't lose any I-20's by the way! :p
Click to expand...


Congratulations! How did you argue the I-20 back? Did you present anything? Thanks
 
braniand said:
Congratulations! How did you argue the I-20 back? Did you present anything? Thanks
Click to expand...

I sent official transcripts (they explicitly said no copies) and a letter from the school's registrar. It was not that hard to get the documents but I did not feel totally sure this would convince them. If you have any official docs that required the I-20 you should try to retrieve them using the freedom of information act.

thanks!
 
Got the cards :D :D :D :D . After all my grief I received the card and the notification on the mail last Friday.

thanks to everyone for your inputs.
 
welcomd letter

MexSeattle said:
Got the cards :D :D :D :D . After all my grief I received the card and the notification on the mail last Friday.

thanks to everyone for your inputs.
Click to expand...

Congrads! you said they send you a welcome letter? Is that approval notice or it's a different thing? My case got approved on 8.24 and until now i still didnt get my card :( thanks for your help.
 
Wow

MexSeattle said:
Got the cards :D :D :D :D . After all my grief I received the card and the notification on the mail last Friday.

thanks to everyone for your inputs.
Click to expand...


Great! Congratulations!!!
 
You must log in or register to reply here.
Top