URGENT HELP!! "Intent To Deny I485"

K

k12ven

Registered Users (C)
Hi All,

My and my wife's I485 was filed in April 2003 after approval of my Laboour certification. We got our finger prints done in Feb 2004. In Oct 2004 (10/21/2004) they have requested Medical for my wife and sent an "Intent to Deny" for myself asking me to submit Form I-485 Supplement Sheet and the $1000.00 penalty fee.

Please advice what should I do? Do you think that I-485 will be approved after applying the above form? I am still working for the same company who is sponsoring me.

I would really appreciate any help

K12Ven
 
k12ven said:
Hi All,

My and my wife's I485 was filed in April 2003 after approval of my Laboour certification. We got our finger prints done in Feb 2004. In Oct 2004 (10/21/2004) they have requested Medical for my wife and sent an "Intent to Deny" for myself asking me to submit Form I-485 Supplement Sheet and the $1000.00 penalty fee.

Please advice what should I do? Do you think that I-485 will be approved after applying the above form? I am still working for the same company who is sponsoring me.

I would really appreciate any help

K12Ven
Click to expand...
what is 'I-485 Supplement Sheet' and why are u asked to submit $1000.00 penalty fee?
 
I-485 Supplement Sheet is for LIFE ACT section 245(i) which allows people to adjust their status in the U.S. I was out of stauts for more than 180 days and uder this law there is a fine of $1000.00 for having been in US illegally.

Thanks
 
Thanks for your reply. How long does it usualy take to approve after submiting the I-485 Supplement Sheet (for LIFE ACT section 245(i))?

Also in the RFI they have requested for the following along with the above form

-- The date of hire with your current employer.
I have applied for EAD after approval of the labour
certification, once EAD got approved then I started working for the
current company, before that I did not have EAD. So the tha date of hire
should be after the approval of EAD, correct?

Thanks
 
unitednations said:
Yes. Make sure it is consistent with the biographical information on the 485 and the eta 750b (labor certification). If it isn't consistent then be prepared to explain the discrepancy.

Approval could be anywhere from a couple of weeks to a couple of months. However, many cases that are subject to LIFE cases do get transferred to local office for interview.
Click to expand...

Thanks very much for your reply. In my case the information is not consistant. I am getting paid from my employer less than what was originally stated in labour certification (almost 50% less). They have asked along with the date of hire "duties, remuneration and prospect for continued employment" on current companies letter head. USCIS have not asked for tax return or W2 at this moment. What will happen if the employer states on the letter 50% less salary as approved on LC? if this does not work than what are other options?

Thanks for your help.
 
unitednations said:
Hmmm.

Is this the same company that sponsored the labor?

The problem is that uscis doesn't care whether you are getting paid proferred wage until greencard approval. The certifications on DOL eta 750a state that the company is certifying that if you are employed with them already or are going to be employed by them then they will pay you the proferred wage.

In the original letter that your employer attached to 485 what did they mention that they were going to pay you?

it seems that if one uses ac21 to switch employers, uscis will allow a difference between proferred wage and the labor, however, I haven't seen anyone post an approval/denial in the case where the original sponsoring company gave an employment verification letter for a salary less then proferred wage mentioned on labor.

You need to discuss with lawyer.
Click to expand...

Yes, it is the same company who sponsored the labour. I will find out what was stated in the original letter (from my employer) attached to 485.

I really appreciate your help.
 
After submitting the requested information USCIS has updated the online status for I 485 as follows:

we received your response to our request for evidence or information. It is taking between 365 and 540 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case.​

I would really appreciate if someone can tell me how long it usually takes and also what are the chances of transferring the case to local office for an interview?

Note: as mentioned earlier in this thread that I have submitted 245(i) LIFE ACT form.
 
k12ven,
What is the update on your case? I am in a similar situation and would like to know what happened to your case.

F25
 
update???

k12ven,
What is the update on your case? I am in a similar situation and would like to know what happened to your case.

F25
 
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