Intent to deny!!

V

Vrush

Registered Users (C)
Hi,

We just heard on the recording that a intent to deny was mailed to us on oct 20th 2000. Our lawyer hasnt yet received it. What is intent to deny? and does that mean green card is denied?
Please post your experiences and any info you have as we are very worried.

Details

EB3(india)
PD 4th feb 97
RD 12 aug 99 and ND 2 sept 99

thanks
 
No Title

You are very close to the visa cutoff date for your category,
could it happen that when the officer reviewed your case the visa
dates may not be current causing this decision ?
 
No Title

I saw one posting on isn.org (by lallisri), where he got intent to deny from CSC becase his pd is not current. for some reason, the adjudicator thought that lallisri filed 485 when date wasn\'t current.

please do let us know what your denial is about ... this might be a new trend with INS...
 
No Title

Intend to deny may not be as bad as you thought. For most of the cases, it is like an RFE.
The difference is:

When you have questions on you, but the questions is about something they do not clear,
not about your legal status, you get RFE.

When the questions is about your legal status, you get intend to deny.

i.e. you have worked when you are F-1, even though the international student office issues
working permission for you on the back of you I-20, INS did not see it, or they do not
understand it, they issue you an intend to deny. Because they thought you have illegally
worked in US.

My lawyer told me 90% of the cases of intend to deny is "status" issues, above is just one
example. and most of the cases got approved. In my lawyer\'s office, 100% intend to deny
got approved after sending the documents that INS requested. So do not worry
 
No Title

Vrush\'s RD is 8/12/99, part of "August flood", everyone
was current at that time.
 
No Title

Absolutely ... but I think her case was \'probably marked not current\' when PD retrogressed to 2/1/97 and it \'hasn\'t been marked current\' yet ... just my guess and I think she\'ll easily be able to prove her case.
 
No Title

Jul485, I am concerned that I may receive an "Intend to Deny". I think you have a real good lawyer. Could you please let me know who your lawyer is and the telephone? In case I need it. Thanks.

RD 12/99
ND 12/99

Thanks a lot.
 
No Title

Thanks guys for the info. I am hoping that our lawyer gets the notice tomorrow so I will let you all know what the intent to deny was.

Has anyone got their case approved after responding to intent to deny?

Thanks

Vrush!!
 
No Title

Jul485,

What if a person has indeed worked somewhere else on a part time basis while on H-1?

thanks
 
No Title

Yes. My wife\'s case was approved one week after we submitted all the documents (all I-94\'s).
 
No Title

Vrush:

Please read my thread about the "Intent to Deny" notice that I received on Sept 29th. INS did not have a record of my being in the country for a period of time. So they said that they intended to deny - unless I proved otherwise or paid them $1000.

So, either way, you are fine (worst case, 1G poorer!).

I sent in all the relevant photocopies and documents via the lawyer about 10 days ago and called them on Friday - but they have not "received" it. The lawyer received the postal acknowledgement on Wednesday, so it must be somewhere at VSC...

Regards

KP
 
No Title

For Vrush,
 My lawyer received the RFE requesting to prove my first entry into USA. I will be sending the photocopy of my passport showing the first entry into USA date. Automated message says "Intend to deny ........". My details : EB3,India,PD 1st APR\'97,RD 8/9/99, ND 8/27/99. PD is not current yet for me, 45 days to move, I think they continue processing but not approve till it becomes current. My guess....
 
No Title

Hi,
Reading all your posts gives us some hope. Our lawyer still hasnt received the notice from INS so we still do not know the reason for the intent to deny but I am hoping its to prove legal status.

Thanks

Vrush
 
No Title

Just got the photocopy of the notice from our lawyer and the intent to deny wants us to prove our legal status when we first entered the USA. It also states that we have to give the results of the skin test for TB as it cannot be waived.
We had directly done the chest xray as the doctor said that for Indians the test always comes positive...so we are trying to get hold of the doc to do the skin test.

Thanks

Vrush
 
No Title

Vrush,

could you please tell us if you used up your first 3 yrs of h1 and and got an extension, before/after filing 485??

Thanks.
 
No Title

AquaLung,
     I got the same type of RFE, refer my posting above. I completed my 3 yrs H1 and got my extension 3 yrs before filing 485. What lead you have regarding this RFE ? Appreciate your thoughts.
Sar Krish
 
No Title

Hi Sar Krish,

I was told by my lawyer that the h1 extension has to be filed before the expiry of the first one, to be in status. If this filing date is not available to the adjudicating officer and the h1 extension approval is later than the expiry of the first h1, then the adjudicating officer might consider the person to be out of status ... just a hunch.
 
No Title

Thanks AquaLung, Thank God I got extension before my 1st H1 expired. My Lawyer is sending the photocopies of my passport. Let me pray,wait and see what happens.
 
No Title

Hi aqualung!!
Our first 3 years of H1 got over on 5th may 1999 and we had applied for an extension in march 1999 but it got approved in jun99 after an RFE. Our intent to deny was to prove our stay before first H1 was approved when the status was student.

thanks

Vrush
 
You must log in or register to reply here.
Top