Intent To Deny!

N

ned

Registered Users (C)
My wife just received a letter from INS indicating the intent to deny if documents were not received in a month!

Employment Letter and Tax report.

What's the deal with that? Can't they just request for evidence instead?

Anybody has experienced with this type of request.
 
Who are the primary applicant, you or your wife?

any job change? any visa issue before? any unusual issue?
if there's no other issue, just provide what they want, you'll be ok.

sorry hearing that!
 
ned said:
My wife just received a letter from INS indicating the intent to deny if documents were not received in a month! Employment Letter and Tax report. What's the deal with that? Can't they just request for evidence instead?
Click to expand...

USCIS will typically only issue an NOID if this is an AC21 case where the underlying, approved I-140 has been revoked.
 
My wife is the primary applicant. The 140 has not been revoked and she is a NIW. No AC21.
 
ned

Per, new interpretation of the Memo issued by USCIS to reduce RFE and proceed directly with denials, it is only becoming increasingly evident that the onus for proof is pushed to the petitioners/beneficiaries. Once, a response is not given, it automatically hastens the process of adjudication -- in this case, a denial. Any unresponsiveness for a RFE should not automatically lead to denial and hence the due process now means responding to a NOID instead of a RFE.
 
tombaan

I don't think I have a tangible case to cite, other than what I read at various other sites. If my memory is right USCIS is about to clarify the earlier memo on trying to curb RFEs and substituting them liberally with NOIDs or even denials.
 
I think that is the case as "poongunranar" suspected.

But u don't need to worry it, reply the RFE.

the wording they used is stric but as long u reply what they asked u would be fine.btw keep mind "Not all graps are sweet".

Good Luck
 
P....

Your response is what my lawyer explained to me. He has several NOID in receipt lately from USCIS. His experience lately is that it gets approval quicker and he actually welcomed it.
 
Unfort_User

I guess, you are implying a case of AC-21 with a new employer. Subject to the conditions as set in AC-21, if 180 days have elapsed with your I-485 pending, there should not be a NOID or denial for that. However, a NOID or denial is certainly possible, if your I-485 petition lacked form and substance in its initial submission. USCIS' logic is that if the petition is blatantly lacking any required evidence/documentation, then a NOID or denial can be issued in lieu of a RFE to save time and resources to the Service.

Believe me, INS is not trigger-happy to deny any of (y)our petitions unless there is a clear case. There was a rationale even for the denial of longGc's case which was an exception and came at a time when there wasn't a clear memo clarifying AC-21. So, as PrinceOfJungle said, just don't bother about the dysphemism and go ahead with your responses to USCIS.

This is a country of Justice and there are appellate institutions against which INS has to justify any denials whatsoever. It is amazing that they have even given up on one-time DUI cases, clearly showing that their decisions are increasingly scrutinized by the Circuit Courts of Appeals. I would still exhort people to kindly stay away from all occasions of mischief and if you know that you are not having any brush with the legal system of this country and are in status all long, then just don't worry about the verbiage of the notices you receive. Respond to those notices and that's it. Take their threats with a pinch of salt.
 
Thanks, ned

ned said:
Your response is what my lawyer explained to me. He has several NOID in receipt lately from USCIS. His experience lately is that it gets approval quicker and he actually welcomed it.
Click to expand...
Praise be to God! I am happy to stand vindicated. Thanks friend, for your corroboration on this issue. It adds gravitas to my interpretation. Thanks, once again.
 
poongunranar said:
Subject to the conditions as set in AC-21, if 180 days have elapsed with your I-485 pending, there should not be a NOID or denial for that.
Click to expand...

Actually, the Yates memorandum says exactly that. If the I-485 has been pending for more than 180 days and the I-140 is approved, if the original I-140 sponsor informs USCIS that the future job is no longer available, USCIS should issue an NOID and request evidence of employment as provided for in AC21.
 
Thank you very much Poongunranar and RealCanadian,

I would like to provide more info about my case.

I applied through company "A" in EB1(OR). Just before my I140 got approved (a month before) i joined into another company "B". But, my lawyer said that if i get a future job offer letter from my company "A", i will be alright. I got future job letter from company "A" and submitted. I am working for company "B" for the past 2.5 years. SO THERE IS NO AC11
 
Thank you very much Poongunranar and RealCanadian,

I would like to provide more info about my case.

I applied through company "A" in EB1(OR). Just before my I140 got approved (a month before) i joined into another company "B". But, my lawyer said that if i get a future job offer letter from my company "A", i will be alright. I got future job letter from company "A" and submitted. I am working for company "B" for the past 2.5 years. SO THERE IS NO AC11 IN MY CASE.

I totally depending on comapny "A's" future job offer letter.

However, if any RFE or NOID comes, i don't know how much my company "A" will help. Because there is no gain for them...so they may not help much.

That's my worry.
 
poongunranar said:
I guess, you are implying a case of AC-21 with a new employer. Subject to the conditions as set in AC-21, if 180 days have elapsed with your I-485 pending, there should not be a NOID or denial for that. However, a NOID or denial is certainly possible, if your I-485 petition lacked form and substance in its initial submission. USCIS' logic is that if the petition is blatantly lacking any required evidence/documentation, then a NOID or denial can be issued in lieu of a RFE to save time and resources to the Service.

Believe me, INS is not trigger-happy to deny any of (y)our petitions unless there is a clear case. There was a rationale even for the denial of longGc's case which was an exception and came at a time when there wasn't a clear memo clarifying AC-21. So, as PrinceOfJungle said, just don't bother about the dysphemism and go ahead with your responses to USCIS.

This is a country of Justice and there are appellate institutions against which INS has to justify any denials whatsoever. It is amazing that they have even given up on one-time DUI cases, clearly showing that their decisions are increasingly scrutinized by the Circuit Courts of Appeals. I would still exhort people to kindly stay away from all occasions of mischief and if you know that you are not having any brush with the legal system of this country and are in status all long, then just don't worry about the verbiage of the notices you receive. Respond to those notices and that's it. Take their threats with a pinch of salt.
Click to expand...

Some one on VSC had similar problem. According to employer never revoked I-140. But he changed the job. Now he got NOID. BCIS may be going with NOID instead of RFE.
 
tammy2

tammy2 said:
Some one on VSC had similar problem. According to employer never revoked I-140. But he changed the job. Now he got NOID. BCIS may be going with NOID instead of RFE.
Click to expand...
Thanks, tammy2. That is precisely the processing du jour of INS, these days, even though an outright denial is not needed for AC-21 cases as I have clearly mentioned. For those who are used to RFEs, NOID may sound extremely dysphemistic. My point is that, just call the rat a cat, so what? Just RSVP the responses and keep your fingers crossed. :)
 
P

nothing connected with this thread and I don't want to start an english tutorial. But do you think "dysphemistic" is the right word here? dysphemism is substituting a very offensive word with a more agreeable albeit still offensive version. It looks like USCIS is really going the other way here. NOID, IMHO, is more offensive.

Like I said IMHO...
 
bag3

bags3 said:
P

nothing connected with this thread and I don't want to start an english tutorial. But do you think "dysphemistic" is the right word here? dysphemism is substituting a very offensive word with a more agreeable albeit still offensive version. It looks like USCIS is really going the other way here. NOID, IMHO, is more offensive.

Like I said IMHO...
Click to expand...
Thanks for your charity, dear friend. Yes, your meaning is right with an accurate understanding of the word. However, the choice of word to dysphemism was chosen by me to point out that a RFE would have been more apt than a NOID. By choosing a threatening tone in the form of NOID, INS has settled for a dysphemism over a benign RFE, which would have been an euphemism.

Hope I had clarified myself. Thanks for your response.
:)
 
ned I was wondering in ur earlier post u had both 485 and Cp options and u were planning to go to manilla in july for stamping whay happened?BTW is ur wifes case is NIW for MDs in MUA???thanx in advance for reply
 
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