Intent to Deny- Help

J

Jfd

New Member
My case was approved on 10/17. Just heard the message for my wife\'s case changed to "Intent to Deny notice was sent". We did not receive the notice yet. However, I think it is related to my wife being out of status for about 10 months.

We interred in the US in 10/96, my H-1B status was valid until 9/98 and therefore my passport was stamped in the airport "admitted until 9/98". However, her passport was stamped "admitted until 9/97" which is clearly an error by the INS officer in the Airport. We did not notice that until 7/98 when it was the time to extend my H1B status. My H1B and her H4 were extended until 12/2000.

What can we do to fix the situation? If we pay the $1000, do we have to start the I485 process all over again?
 
No Title

Don\'t worry. See what the notice says.If it is because of that mistake made by immigration office at port of entry, you can just copy your H-1 documents and mail to INS. I believe they will correct it.
 
No Title

I think being out-of-status is a problem only if you haven\'t been reinstated at all. If however your wife travelled outside of USA and was able to re-enter and get in status, this shouldn\'t be a problem. This is just a hunch from what I read at murthy.com

Please pursue proper legal advice.
 
No Title

Hi I also got intednt to deny notice from INs. It was our lawyer\'s problem who failed to apply for H4 when my husband changed the job. Our lawyer has filed 485I with $1000,and we are waiting to hear from INS. Acc to our massages, it seems like the error has occured at the port of entry, send them your wife\'s H4 copies,and I think INS can retify the error.Don\'t worry too much it is not worth it.
Roopa
 
No Title

JFD:

Firstly, don\'t worry. This is not a big deal. At worst $1000 will fix it.

Anyway, what you need to do is find out where the "fault" lies. Since your wife and you are on different visas (H-1 and H-4), there may be a reason why she got only a 1 year entry permit while you got a 2 year permit. If this is standard, then the fault is yours. If the problem was on the side of INS, you will need to prove it.

If you can prove it, well and good. If you cannot or if it is hard to, consult your lawyer on how you can phrase a letter to them showing that it was really not your fault and a common oversight, enclose the $1000 (its only money, afer all, and that\'s what we are here for :), and get done with it.

Again, you MUST consult your lawyer on the best course of action.

Hope this helps.

KP
 
No Title

Thank you all for reply. I\'ll wait for the INS letter to see the details. I do not mind paying $1000. Just I do not want to wait another year.
 
No Title

Roopa: as I understand your case, you had H-4 before your husband changed his job; then he changed his job and you didn\'t renew your H-4. Was this your case?

Then I will have the same problem. The lawyer told me I didn\'t have to re-apply H-4 when my wife changed her job.
 
You must log in or register to reply here.
Top