Intend to Deny!!!!!

T

Tpg 75

Registered Users (C)
Just now i spoke to an IIO and she told me that my case is in \'intend to deny status\' and i will get the mail with 2 weeks! She did not expalin the reason for the denial. I don\'t know what to do at this point. Please post your thoughts/experience?

PD 11/97
RD 08/04/99
ND 08/23/99
FP 06/24/00
 
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Did you have any not so common scenarios like, being out of status for sometime, switched F1->H1 where INS can see a gap in status, switch companies frequently or missing documentation, name (or date of birth) mismatch between any two documents, company name change etc., ?!
 
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Nope. I did not receive any RFE so far. Actually i was expecting an RFE because of company name change (Rapidigm).
 
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Did your I140 and I485 have different petitioner names?
Have you already filed for an amended I140?
 
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May be it is related to that one. Instead of saying RFE, the IIO might have said intent to deny. Basically, I consider even RFE as an intent to deny. If you do not take a satisfactory action for RFE, you will be denied. I think it is not a big deal. Just wait for the notice and send some documentation that will clear the doubts INS might have. Good luck.
 
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After I140, my company name changed. My attorney told me to wait for RFE to file amended I140. But today i heard from IIO about intend to deny status!
 
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Thanks Kiran. I asked the IIO whether this is an RFE or not but her
answer was \'intend to deny\'.
 
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I have a question here - my I-140 is approved and I am at a stage to apply for I485. But while going through imminfo.com site about 485 - i noticed that one of the reasons INS could deny AOS is based on change of non-immigrant Visa Status that applicant had done earlier (if any).

In my case - I was here on B1 (by then my second visit to US) and then 50 days after entering in to US on B1, an employer started processing my H-1 (it seems they did LCA much before then). Also that employer had applied for change of status from B1 to H1 instead of applying for new H1.

Not aware of this fact and also not aware of the fact that H1 was approved - i went back to India and later in two weeks I came back on my B1 (which was multiple entry) and was in Us for three weeks before proceeding to Europe.

Then I was informed of H1 when I was in india, and I duly went to Bombay US Embassy and got H1 stamped and came in to H1 to start working for that firm.

Now (after all these days) I came accross this info that INS treats people who have changed status of Non-immigrant visa from one type to another with a 30/60 rule. ie if the status change is done in less than 30 after entering US - applicant can be termed as acted in bad faith. 30-60 days suspicious; beyound 60days, generally in good faith...

My question now is - Did any of you come accross such cases? What happened in such cases? Is it good for applying for AOS or Counsalar processing is better in these case.

Thanks for your input.
 
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If your I485 has a different petitioner name than I140, then that could have triggered this intent to deny. However, I also know of one similar case (non-rapidigm) on this message board, who recently got approval without even an RFE. In his case, his lawyer had included a standard letter about successor in interest and had also filed I140 amendment, which was also approved. Only they never sent this new I140 to VSC. I saw this case earlier this week in this VSC folder.

I suppose you\'ll only know the real reason when you get the notice. But do keep us posted.
 
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BTW, the person I was referring to has user id "BVS VSC" on this board. He is a very helpful guy, if you write to him, he can provide some more specific information. Ofcourse, every case is different, but his lawyer did recommend the right procedures.
 
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Don\'t understand why petitioner for I-485 should be the same as for I-140. In my case, my university filed I-140 (EB1/OR) for me, and I filed I-485 for myself while my wife filed hers by herself.
ars99
 
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