Just sopke to lawyer on Intend to deny 485 caes

M

Munna_Mobile

Registered Users (C)
Just spoke to my lawyer. He said that we is going to put two arguments. One to say that I was on status during that period. The other is that if the INS cannot accept the first argument that the check for $1000 using 245(i). (I do not know if I can use 245(i) as I am using substitute labor. If I have to use 245(k) than I have to go for Counsular processing).
I have the H1B for the period but I was not paid for 1 month so I cannot use the pay stub as the proof if INS request to provide.
Any suggestions if We are doing the correct arguments.
 
Last edited by a moderator:
Munna_Mobile said:
Just spoke to my lawyer. He said that we is going to put two arguments. One to say that I was on status during that period. The other is that if the INS cannot accept the first argument that the check for $1000 using 245(i). (I do not know if I can use 245(i) as I am using substitute labor. If I have to use 245(k) than I have to go for Counsular processing).
I have the H1B for the period but I was not paid for 1 month so I cannot use the pay stub as the proof if INS request to provide.
Any suggestions if We are doing the correct arguments.
Click to expand...

Munna_Mobile,

1: Try to consolidate your threads. One is enough. In the end you will have difficulty reaching out to all answers provided. have the MODERATOR do it for you.
2: Is your lawyer a "good" one? In the US there are about 10,000 of them. Most of them are just interested in making money.nothing wrong with that. Is he really familiar with 245(i) and 245(k)? It looks like your case is more of a 245(k) with no money/fee/$1000 needed, as you were out of status for about a month (not working). Do a search for yourself as you are the best one knowing all the facts. Substitute labor is irrelevant. I do not think that using 245(k) you need to do consular processing.
 
You come under 245(k) only. For 245(K) you need not have to go consular processing. There are lot of people who adjusted the status here using 245(K). consult an attorney who has good knowledge of such things.

No need to do any thing. All you need to give them info.
 
Munna_Mobile said:
Just spoke to my lawyer. He said that we is going to put two arguments. One to say that I was on status during that period. The other is that if the INS cannot accept the first argument that the check for $1000 using 245(i). (I do not know if I can use 245(i) as I am using substitute labor. If I have to use 245(k) than I have to go for Counsular processing).
I have the H1B for the period but I was not paid for 1 month so I cannot use the pay stub as the proof if INS request to provide.
Any suggestions if We are doing the correct arguments.
Click to expand...
Wait for others, but not having a paystub for jsut a month, shouldn't be an issue, u can always treat it as unpaid vacation, so if ur H1-B is valid, then that shouldn't be an issue.
What was the specific reason for intent to deny? As Cinta said, please consolidate ur threads, it makes it easier.
 
GOOD NEWS guys

GOOD NEWS guys. I just got the copy of Intend to deny from lawyer. It say that I was out of status for more than 1 year. The dates mentioned in the NOID is exact dates of my second H1b extension. They missed my 2nd H1B details which i send it when filing 485. So the INS could not find the my second H1B starting from Sept 16th 2000 to December 2001. They are not even looking at the one month period in sept 2001 where in I do not have the pay stub. I have all the pay stubs from my first company from september 2000 to June 2001. So I think I am OK.
See below for my status details:
Feb 1998 came to usa from Company A.
Applied & approved H1B EXT from company A in September 2000
Joined in Company B from July 2001 to Sept 2001 (worked on H1B receipt notice)
Joined Company C H1B notice date Oct 2001 Approved in december 2001
Still working for Company ( they applied my GC)
ONCE AGAIN THANK YOU ALL THE GUYS WHO HAVE RESPONSED. I WILL KEEP YOU GUYS POSTED.
 
Last edited by a moderator:
That's good news. Yes, even in my case they had forgotten about my renewed H-1 and told me that I needed to show proof that I was in status from the time I had last entered the country till the 485 filing.

That should make life a little easier for you. Make sure you respond to the NoID within 30 days. Best of Luck. Your approval is round the corner.
 
You must log in or register to reply here.
Top