Intention of Denial

L

leokingwang

Registered Users (C)
The voice message on my case was just change to "the intention of denial has been mailed". Is there anyone in the same boat? Is it very serious problem? Do I have to redo my I-140 and refile I-485?

Your help is appreciated.
 
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It is difficult to guess such things. Calm down and wait for the letter. Once you get the letter come here and post the details. Most people here definitely want to help you understand the situation. Normally, most "intent to deny" cases can be corrected by sending additional information to INS. Don\'t worry. Pray God for help. everything will be okay.
 
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I also got "Intent to deny" message. The query is to prove the 1st date of arrival into USA. I sent the passport copies. It is not that alarming as the message sounds. Keep cool.
 
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Hi, LeokingWang:
I have the same situation. I got intend denial message 11/3/00.
Basically, my info: PD 4/97, RD 6/1/99, ND 6/21/99, FP 4/3/00.
I think this will be legal issues involved with us. Can we
keep in touch and wait for the letter. same to Mar Irish. Can
both of you post you guys details. I have been waiting for GC
for more than 5 years and I used up all my 6-year H1. I am in Boston.
 
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My info:

PD: 8/97
RD: 8/19/99
EB3 China

I will keep you guys posted with my case.

Thanks you all for your concern and God bless.
 
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If there were several times of entry to U.S., which one of them is "1ST date of arrival" ?
 
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Hi,
My husband too got an intent to deny notice last week. Basically they wanted proof of status from his first entry as a student till the time his first H1 was approved.Apparently they thought he was on a visitors visa.We have sent all i-94\'s,i-20,copy of the stamp showing his first entry in to US, H1 approvals and Ead approvals. Now we are waiting for the approval from INS and i hope they do approve it fast and not delay it.
 
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Hi All,

Why INS want to check the status prior to H1? Even if a person was out of status on F-1 for 1 year or 2 year, if he has either got a re-instatement or has changed his status to H1, and has travelled in and out of country, there shouldn\'t be any problem. Is this correct?

Also, 245(k) says as long as the person is not staying illegally in this country for an aggregated period of 180 days since his last entry into US and not engaged in any unauthorized work, he can adjust his status. With all this provisions why INS should send RFE to people for proving their status?

Please reply
 
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hats what I had believed for a long time myself. Looking at some of these RE issued by INS I am pretty sure I will get RE based on all
my observation. I don\'t understand it, based on the current laws change of status can not be approved if you have status gap. If they
approved change of status, doesn\'t that mean that they have checked status gap? Sounds like a witch-hunt to mean.
Also, if there is a status gap, shouldn\'t an individual be given an opportunity to use 245i if priority date is before 1/14/98?
 
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Hi,

Even if they don\'t qualify for 245(i), as long as their status gap is less than 180 days since their last entry, they will be protected under 245(k). I couldn\'t figure out why INS asks people to prove their previous non-immigrant status.
 
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I got an intent to deny 9/29 and they were asking for proof of legal status for a section of my stay here. They received my response (officially) on 10/24. Sent in all the relevant passport page copies. Still waiting (EB2/NIW, India, PD 10/97, RD/ND 6/99, FP 4/00, ITD 9/00).

KP
 
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WaitingInVain:

I am not sure what you mean by status gap - the particulars I have provided in the earier e-mail give all the dates. Do you mean when was I out of status? Well, the fact is, I was never out of status - just a very frequent traveller on various visas.

For a detailed recounting of all that transpired, please see the series of notes I have posted just after 9/29 when I got the first piece of info. If you need any specific info, please post / e-mail and I will be happy to respond!

KP
 
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Khoon, first, thank you for responding. I am trying to understand why they send intent to deny based of status gap.
Based on your response, INS must be drawing a time line from your arrival/departure records, which means they may be looking at your
records (which I thought they weren\'t). Just a point to add, I read somewhere that if an individual enter US without inspection, that
individual may not adjust status in the US. It may have read it wrong....anyway, thanks for responding.
 
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I had intent to deny notice on Aug 3 INS recd the response on Aug 24th.(Voice message did not change). I have called INS few times after that and last time I was told its anytime and today the officer said the file is under review and I should hear in 2-4 weeks. I was asked to prove the status for practical training, they had the I-20 but did not care to look at it. After responding with a copy of I-20 still no news. INS had given me option to file 245i and adjust the status. I was not out of status so prefered not to file for it. Now I regret that I should have paid that $1000 and gotten away with stupid process but at that time I felt that by doing that I am proving that I am guilty. mY pd 1/96 nd 2/99 EB3-INDIA.
 
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intent_to_deny and waitinginvain:

My intent to deny was because they did not care to look at my visas either. I hope my case is not with the same officer as you - this officer seems to be the slowest! There are other cases I have seen that are approved within 2-3 weeks of the RFE or ItD response.

I feel paying $1000 would not up processing - after all, they only thing do is pick up the file and see if the issue is resolved.

frustrated for the past so many months (years!)...

KP
 
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Attorney just got the letter today:

1. Need F1->H1 approval notice for my first H1 to prove I was never out of status while staying in the US.

2. Redo I-140 due to merger.

3. F2->H4 for my wife to prove she was never out of status while staying in the US.

Just want to keep you guys posted.

Good luck to all.
 
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intent_to_deny

Yes - The data was sent on 10/8 (and received by VSC according to the return receipt on 10/12 or so - lawyer has the details, so I am not sure). Officially, they received it on 10/24 and updated the info on 10/25.

Still waiting!

KP
 
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I have the same situation. I paid the $1000 fine and the checks got deposited but the Voice mail has not changed. IIO received the paper work on 10/13/00, called last week and they said status is being reviewed should take 2-3 weeks acording to lawyer. I think paing the 1000 fine will not help if youcan prove the status. In my case because of University tech mistake was out of status but they reinstated the F-1 status. Just did not want to take a chance.
 
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