Intend of deny, talk to IIO

J

jjsni

Registered Users (C)
Just talk to an IIO and told they have issued letter of intend of deny. She said either I have to prove I am not out of status or pay $1000. Can somebody give some advice regarding what documents I need. She mentioned I-94 but I am not sure, she is not sure either, that I need only use first I 94 (entry record) or everyone of them (H-1, F-1 ect). What is the process of paying $1000. (I don\'t think I am out ot status but just don\'t want this thing drag too long)

Thanks for the advice.

My info: EB3, ND 9/21/00 EAC-00-278
 
If you were ever out of status , Use Section 245i or ( I think)

that gives you an option by paying 1000 you can get rid of all the issues and get the damn greed card you wanted, if you are not of out of status, you need to show all the I94 copies if you maintain this will be proff that you are always in status.

Thanks

Aditya
 
You may be out of status

You may be out of status if the date on which you stamped the I94 during your last entry is later than the date on which your latest H1 was issued. In this case your stamped I94 supercedes the I94 attached to the H1. If the validity date on stamped I94 is past, you are out of status, and you have to correct the situation within 180 days. Just check to see if this applies to you and I will post a way out.
 
can you give me advise?

I came here with TN visa. My I-94 card showed that I entered US with TN visa and valid till 2000 (same as my wife - TD). 6 months later, I changed my status to H1B (same as wife - H4) and it valids till 2002. Is this my new I-94 record?
I went to Toronto in Feb, 2001. When I came back, the immigration officer took away my I-94 because he told me that the H1B paper is my new I-94. My wife thought that I shouldn\'t let him take the I-94. My question is:
Is the H1B paper = I-94? (The H1B paper has I-94 record on it.)
 
yes, your H1B should...

have the I-94 dates on it at the bottom left corner on your H1b visa.

what visa is a TN visa you came into USA for the first time?

raj2002
 
No Title

Thanks for your quick response, Raj2002

I am Canadian Citizen so I don\'t have to apply H1B
to work in US.
 
No Title

I got my I485 receipt right before my H1 expired. I am not sure if this is out of status. I have heard that as long as out of status is less than 180 days you don\'t have to $1000 (245(k)?). I am not sure if this is true.
 
No Title

That explains why they think you are out of status. What did you do after the H1 expired after you filed for 485? If you didn\'t renew your H1, did you have an approved EAD to work? If you don\'t have an approved EAD or you didn\'t apply for H1 extension and you continued to work, then you are out of status. Best thing would be to pay $1000. Didn\'t your lawyer tell you this? Ask your lawyer\'s advice for the best course to take.

good luck
 
Resolve problem by

Hey....isn\'t it a whole lot easier to just pay the $1000 ?
I mean if you are going to find out why you are out of status and how etc, etc...That might delay your case, plus stress you out...
Check with the lawyer and I am sure they will agree that you should just fork out the cash.
 
No Title

Thanks. Probably $2000 (me and my wife) is the best way out. Does anybody know whats the precedure to pay $1000.

Thanks again
 
How to pay $1000? Any updates?

Please post if you have found out how to pay $1000 as a remedy of \'out of status\'. Thanks.
 
No Title

Here is a Q&A on 245(i) I found on immigration.com. Hope this helps...

Q10. What should my adjustment of status application under Section 245(i) include?

A10. The Section 245(i) application should include:

Form I-485 ("Application to Register Permanent Residence or Adjust Status") with all information and documentation specified in the instructions;

Supplement A to Form I-485;

$1,000 penalty fee;

$220 application fee and the $25 fingerprinting fee;
 and
Proof that the principal beneficiary of the immigrant visa petition or labor certification application was physically present in the United States on December 21, 2000, if the qualifying visa petition or labor certification application was filed after January 14, 1998.
 
In addition, if you want permission to work in the United States while your application is being processed, you may also apply for work authorization by including a Form I-765 ("Application for Employment Authorization") and the $100 application fee.
 
No Title

I too got an Intent To Deny Notice.
My lawyer advised me to prove that i was not of out status instead of paying $1000 fine.
The reason is that , you will pay $1000 fine and be eligilble under the LIFE act. But once you are under the LIFE act, it may take years before you see any approvals. Besides you cannot leave the country until your approval.

To show i had maintained my status,I had send copies of my H1-B papers , visa stamps in passport, latest copy of my I-94, copies of EAD approvals and copy of the advance Parole.
 
Out of status

Hi!
My question is regarding my I-94.It expired in feb\'01 but I\'ve another H1 through another company which is valid until Nov\'01.The problem is I went out of US(in feb\'00) & came back with my first H1 without showing my new H1(until Nov\'01) thinking that when I have the latest H1 paper in hand I need not have the I-94 written until Nov\'01 in my passport. A few people(including my lawyer) said that since my I-94 expired in feb\'01 I ran out of status and applying for the renewal would put my presence in US in jeopardy.So, they advised me to go for the 245(i) law for which I qualify.My I-140 is due to be approved within a couple of weeks.I just can\'t decide whether to file for the renewal or not.Can anyone advise me on this matter?Your help would be greatly appreciated.

Thanks,
SA
 
Being Out of Status

Recently my husband\'s I-140 was approved and now we like to apply I485 and my EAD. However, I would like to know whether I was being out of status in the past.
Here was two situation that I am concerned.

1. When my F2 was approved in US, I went back to my home country and tried to get F2 stamp. However, I got B2 Stamp along with F2 prospective note. Then I was reenter to US along with my husband. There was no problem.
Second time I went home, I did not even recognized that I still have to get F2 stamp(I think it was my fault that I did not know much of immigration procedure) so when I reenter US, I had to pay some money and I193 was issued. Since then I have not returned to my country.

Is this case considered out of status?

2. My husband obtained H1 (from F1 practical training)on May 2000. However, at the time the company prepared to file my husband\'s H1 along with my H4, the person handled our case quit working and the interim person did not aware of my H4 to be filed. so she just sent for my husband\'s H1 only. When I learned only my husband received H1 (about 3 months later)but not my H4 so I asked the company about my H4. The company finally realized that it did not sent my H4. On March 2001 the company sent my H4 petition along with a letter explaining it was the company\'s mistake. My case is pending now. Meanwhile my husband has changed a job and both have current H1 and H4 from the current employer.

Was I out of status?

Please respond and let me know whether I should include penalty fee in I485/EAD petition.

Thank you in advance
 
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