Notice of Intent to Deny - 245(i)

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mavishka

Registered Users (C)
My attorney informed me today that he has received a Notice of Intent to Deny my 485 from USCIS because I apparently failed to be lawfully present in the US during a certain period before filing my 485. My online status does not reflect this.

The funny thing is that they don't know what's happening in their own house. I was clearly lawfully present in the US during the specified period on a valid visa. They could have just looked up my records. I'm surprised that they could not find the Approval Notice that they had sent me. My lawyer thinks this is a non-issue. He's supposed to send the required documentation today along with our RFE response.

First, it was the RFE, then this NoID. Almost feels like they're on a witch hunt, all out to get us.

This is a confirmation that anything is possible with the USCIS!!
 
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Dont worry. It will get approved as u were not out of status. Once My 140 was rejected and my lawer appealed and won.

Apply immediately
 
.

I really hope everything will turn out ok for you...I found your post on iEAD in Philly very informative, and I am rooting for you, my dear neighbor.
 
mavishka said:
My attorney informed me today that he has received a Notice of Intent to Deny my 485 from USCIS because I apparently failed to be lawfully present in the US during a certain period before filing my 485. My online status does not reflect this.

The funny thing is that they don't know what's happening in their own house. I was clearly lawfully present in the US during the specified period on a valid visa. They could have just looked up my records. I'm surprised that they could not find the Approval Notice that they had sent me. My lawyer thinks this is a non-issue. He's supposed to send the required documentation today along with our RFE response.

First, it was the RFE, then this NoID. Almost feels like they're on a witch hunt, all out to get us.

This is a confirmation that anything is possible with the USCIS!!
Click to expand...

Just for clarification:

Did you file under 254(i)?
Thanks
 
ramss said:
Just for clarification:

Did you file under 254(i)?
Thanks
Click to expand...
Sorry about the number in the previous post. I meant did you file under 245(i)

Thanks
 
No Reason to apply under 245(i)

I have never been out of status so there's no reason for me to apply under 245(i). Yes, my lawyer wanted to make some quick $$ so he informed me last minute. The NoID has an issue date of 4/7/04, my online status never showed it, and he tells this to me yesterday, clearly it was sitting on his desk. But given that he's been nice to us all along I just let it be. He was supposed to mail out the RFE & NoID response yesterday (5/6/04, within 30 days), so hopefully I should be OK.
 
timaeuti said:
I really hope everything will turn out ok for you...I found your post on iEAD in Philly very informative, and I am rooting for you, my dear neighbor.
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Thanks for your best wishes. I really hope this nightmare ends soon.
 
sam012007 said:
My best wishes are with you Mavishka... keep us updated.
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Thanks for the best wishes. Did you send the RFE Response yourself, or through your lawyer? Keep us posted.
 
mavishka said:
I have never been out of status so there's no reason for me to apply under 245(i). Yes, my lawyer wanted to make some quick $$ so he informed me last minute. The NoID has an issue date of 4/7/04, my online status never showed it, and he tells this to me yesterday, clearly it was sitting on his desk. But given that he's been nice to us all along I just let it be. He was supposed to mail out the RFE & NoID response yesterday (5/6/04, within 30 days), so hopefully I should be OK.
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Just make sure that your attorney actually sent the reply before the 30 day period. Good luck.
 
mavishka said:
I have never been out of status so there's no reason for me to apply under 245(i). Yes, my lawyer wanted to make some quick $$ so he informed me last minute. The NoID has an issue date of 4/7/04, my online status never showed it, and he tells this to me yesterday, clearly it was sitting on his desk. But given that he's been nice to us all along I just let it be. He was supposed to mail out the RFE & NoID response yesterday (5/6/04, within 30 days), so hopefully I should be OK.
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I have doubts that your lawyer may be lying here. Assuming it is for the money it makes sense for him to tell in the beginning so that he can make the money anyway.
 
mavishka said:
I have never been out of status so there's no reason for me to apply under 245(i). Yes, my lawyer wanted to make some quick $$ so he informed me last minute. The NoID has an issue date of 4/7/04, my online status never showed it, and he tells this to me yesterday, clearly it was sitting on his desk. But given that he's been nice to us all along I just let it be. He was supposed to mail out the RFE & NoID response yesterday (5/6/04, within 30 days), so hopefully I should be OK.
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Also ask him to send the copy of the RFE to you.
 
mavishka,

Make sure that your lawyer responds before the dead line period. My best wishes are with you to get your GC soon without "any-more" troubles.
 
Thanks for your warm wishes ar888, sam99, feb27.

ramss, even my first hunch was that he's lying to get some $$ out of me, but he did give me a copy of the NoID. The only thing that annoyed me was he could have informed me earlier. He must have sent out the RFE & NoID response yesterday. I went to his office personally to hand over some copies of documents, and he seemed to have the response letters ready.

Even in the case of the RFE instead of being positive and trying to comfort us, he was sounding concerned that lay off before 180 days after filing 485 might be grounds for rejection but added that given that it was a lay-off we would just need to respond and then wait and see. He didn't say anything initially, only later when he was preparing the RFE response letter. But since our previous experiences with him were good we just let it be and decided to proceed with him.

I'm hoping that everything goes smoothly in this final stage. I need the blessings of the Almighty and your best wishes to make it through to the other side. I've had enough of this GC nonsense. I'll post my gory details (years and years of waiting and being just 1 week away from GC, etc.) later.
 
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someone please correct me if I'm wrong but

AC21 is; if in 180 days, USCIS has not adjuducated your application, then you can change jobs.

so USCIS has taken more than 180 days for you; therefore AC21 applies to you?

if you have a new sponsor, and LC still applies to new job, you should be okay??

also, if you are judged to be out of status for less than 6 months, 245K may apply to you, and there is no penalty fee.

i think 245i is very specific, and only valid if you made an application [LC/ I140] before april 30 2001 and were physically present in USA on december 21 2000
 
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mavishka said:
Thanks for the best wishes. Did you send the RFE Response yourself, or through your lawyer? Keep us posted.
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My Lawyer got the RFE and I responded through him only within 10 record days (for me)...

Will post you guys once I hear something exciting from BCIS!
 
sundancekid said:
someone please correct me if I'm wrong but

AC21 is; if in 180 days, USCIS has not adjuducated your application, then you can change jobs. so USCIS has taken more than 180 days for you; therefore AC21 applies to you? if you have a new sponsor, and LC still applies to new job, you should be okay?? also, if you are judged to be out of status for less than 6 months, 245K may apply to you, and there is no penalty fee. i think 245i is very specific, and only valid if you made an application [LC/ I140] before april 30 2001 and were physically present in USA on december 21 2000
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I agree with you, current documentation on AC21 is not specific when the applicant can change jobs, as long as the 485 remains unadjudicated for 180 days, which it is in our case. Also, the new position title is exactly the same as the approved LC, duties are more or less the same, only salary is slightly lower. Neither me nor my spouse have ever been out of status, so 245 doesn't apply. Thanks for your comforting message.
 
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