Intent of Deny- Never Received

gclenahai

Registered Users (C)
Hi All,
- Filed my I-485 in Jan 2002 through Comp A.
- WAC-02-099-XXXXX
- FP 1 - March 2002.
- 3 EAD, 3 AP
- Changed Employer A in October 2002( after more than 180 days)
- Comp B sent the AC 21 papers to INS in Nov 2002, which INS misplaced and never attached with my file.
- Comp A withdrawn my I-140 in Sept 2003
- Talked to IIO and came to know INS sent "Inent to deny" May 24, 2004 which I never reveived.
- Case status never changed. Still same since last 2 years ( " received FP on April 2002 blah-2, ")

I did my First finger prints in March 2002. After that I never listened anything from INS. When JIT passed my case date, I made Level -1, Level-2 enquiries, got no answer from INS.
I kept calling 1-800 # and transferred to IIO on yesterday. What I listened during my coversation with IIO was stunning & Shocking.
I told IIO that I waiting to listen something from INS for my case i filed in Jan 2002. He looked and told me that INS had sent an "Intent to deny" for my I-485 on May 24, 2004 and INS has not recieved anything from you/your company in last 30 days, so officer having your file can deny your case any time.
I told him that I never received any such letter, neither my attorney. Then he told me, okay we shall send you another letter.
Also IIO told me that they still have the Comp-A attorney on my file and they didn't received new G28 and other papers from my new Comp-B. Phone call ends.

After phone call i called my previous attorney & new attorney they said they never received anything from INS.
Compnay - B lawyer acted immediatly. He called INS after I called and was told the same thing and then he faxed all papers (g28, AC 21 papers etc.).
He told me that INS would sent the "Intent of deny" again.

But I am in SHOCK thinking what is next.
Any suggestion/ thought/ what should I do now. Any one who faced the same situation? DO I have any chance now?
 
gclenahai said:
Compnay - B lawyer acted immediatly. He called INS after I called and was told the same thing and then he faxed all papers (g28, AC 21 papers etc.).
He told me that INS would sent the "Intent of deny" again.

But I am in SHOCK thinking what is next.
Any suggestion/ thought/ what should I do now. Any one who faced the same situation? DO I have any chance now?

It sounds like Company B lawyer is taking control of the situation and taking the right steps. I would follow his/her advice. Once you receive the Intent to Deny paperwork, your lawyer can help you respond. It doesn't sound like your case has actually been denied yet, so you will have time to respond.
 
gclenahai

Sorry to hear that man! But dont worry and ask your lawyer to try to re-open the case if the case is actually denied. There are couple cases that i know got re-opened after denial and even approved. Looks like you Comp-B attorney is good and ask him to take care things ASAP. Nothing to worry if you are up to date in all documents.

Godd luck!
 
My case has not been denied yet.
Online message still says that "INS recieved FP on .March 2002... and processing has been resumed....blah-2"

My current employer, attoney and I have all the papers upto date.
Even my attorney has the Fed-Ex Receipts for the AC 21 papers he sent to INS in Oct 2002 which INS failed to attach with my I-485 file.

I am regularly employed with same title, position etc.
But INS says they sent the "Intent to deny" notice and we ( me/new attorney/old attorney) never received any letter from them.

I feel, I need 1% luck !!
 
GClenaHai

Sorry to hear you about this.

1. Do not worry.
2. I am assuming your I-140 was approved when your 180 days had passed after filing I-485. If not then you are in trouble.
3. Good thing is your GC was denied (or NOID) was sent after Aug 2003 when AC21 rules were released.
4. Gather all the evidence from your previous lawyer and current lawyer of your communication to CSC.
5. Prove them that you did not receive NOID.
6. Once they send you NOID, you have 30 days to appeal.
7. Appeal or Motion to Reopen the case is nothing but sending a letter in your defense citing AC21 Section 106 c rule, copies of current pay stubs and letter from employer, showing that your job is still in the same job classification as described in your LC.
8. Initiate all these activities simultaneously.
9. Send letter and FAX to CSC on a REGULAR basis until you get NOID.
10. Do not be afraid of contacting local Senators and Congressman. The early you contact them the better it is for you.
11. Act immediately without a day's delay.

All the best.
 
hi all,

Received notice for 2 nd FP. The Scheduled date is July 18, 04. Planning to do early FP in SFO.

Thanks for all the help.
 
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