Intent to Decline the Case.

S

sds70

Registered Users (C)
Here is my story..I got my I-140 approved in Apr 2000 and my attorney filed I-485 which was rejected, the reason given was that PD was not current. Then attorney realised that I-140 was approved under EB3 so he filed for correction and got it approved under EB2 by Dec \'00. Then attorney filed the same I-485 papers which was filled the previous time. Problem is when 485 was filed first time my wife was on H4 but by the time it was filed second time she was on H1 but the application was not changed to reflect this. Now she has EAD but got laid off a few months ago. Now INS has sent a notice with an Intent to decline the application since proof of status is not verifiable. What is the recourse to this problem?
Pls advise and thanks in advance.
 
Very simple. Pay 1000 dollars fine and get your GC

Did you receive the letter from INS (intent to denial notice?).Most probably it will be for this fine.

Also consult a good attorney. you can change attorney by filling a G-28 form.

The attorney you have now appears to be a total jerk.
 
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I got a copy of the notice. Looks like INS doesn\'t have records of her status, even though she has travelled a couple of times out of the country, tha\'s strange. Attorney asked for proof of status, I will provide the same and see what happens. Thanks for the advise.
 
No Title

I do not see any problem with your wife\'s visa status. You need to find a good lawyer and send a statement with all documents to INS to explain the visa status change, eg. copies of I94 for H4, H1, EAD etc..
 
No Title

If I pay $1000 will they approve the application immediately or will they put the application in 245(i) which I believe will take a long time to approve. Also will this hold up my I-485 approval?
thanks.
 
sorry

i read your post again and realized your wife was never out of status....so u cannt apply 245(i).

This is only intent to deny case. Re-submit all documents for your wife with a new application & clear stauts information.

I am sure you will get approved. You may want to get a good attorney though!

I dont see this affecting your case(i assume all your information was correct atleast in your form)...although i admit i am surprised as to how they took your wife\'s case first although you were the primary applicant.
 
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