Urgent!!!Please help if case deny

K

Killer

Registered Users (C)
I changed the job according to AC21 rule, I485 filed at vermont on July 16 2001, then transferred to St.Pauls,MN on Apr 22 2002 since then we did n't receive any interview or letter from BCIS. Then I contacted thro Senete office, Understand that my case sent to Lincoln,NE on Mar27 2003. Now today I contacted with Nebraska service centre, they said that they mailed Notice of Action yesterday saying that it is an Intent of denail letter.

Please advise me what to do at this situation. If it is a denail letter, can I make a appeal? right now I don't have lawyer. Please give your comments, if you know anything about this kind.

Thanks in advance.
 
Hire a lawyer

Do not delay. You can appeal with Form I-694. Wait for your Notice of Denial, understand why your case was denied.

Sit with your lawyer and decide on reasons why you think your case should be approved.

You could also ask for an oral argument.

But most importantly, the above can be achieved only if you stay cool. Do no panic.

Best wishes for reversal of opinion.
 
it's RFE

Don't worry much. from what I learned on this forum, intent to deny is another form of RFE, you will have chance to turn in evidence to get it approved.

Some people got same thing and was approved later on, like July16.

You may need a good lawyer's help.

Good luck
 
Originally posted by Killer
Now today I contacted with Nebraska service centre, they said that they mailed Notice of Action yesterday saying that it is an Intent of denail letter.
Click to expand...

A lot depends on the reasons for the Intent to Deny. That's pretty much BCIS saying "give us a good reason not to reject this." It may be something as simple as being out of status, or there's a bigger thing here. Maybe the District Office doesn't understand AC21 properly and kicked it back.

Stay cool, and keep your attorney involved. This is exactly the kind of situation you use an attorney for.
 
Thanks for your encouraging postings

Now I understand what is NOtice of Intent to deny(NOID) , Anyway I strictly followed the AC21 rule which is 180days. I never been out of status, Don't know why I am getting NOID. I will let you know once I receive that notice. Thank you all. I really got hope when read JULY16 case.
 
Hi Killer,
Can you please some more details about your case ? When did you changed from sponsoring employer ? Did you ever get a RFE ?
 
NOID

Applied I485 on JULY 16 2001. at Vermont service Center
Employer change on Apr 22 2002.
Case tranferred to Local BCIS(St.Pauls,MN) on Apr 26 2002.
Since then, NO RFE or Interview.
Case went to Licoln,NE service center.
Now they are sending NOID.
 
What I dont understand is why they transferred your case from the local office to another service center. The NOID is probably because of that. You'll be fine.
 
Got NOID here are details

Today I received NOID . Stating according to "Pursuant to Title 8, Code of Federal Regulations, Part 103.2(b)(16).

They are asking to provide the following info: "If New employer has filed an I-140 on your behalf, submit the related I-797 receipt notice and/or I-797 approval notice."

The petition may be denied based upon the above info

Questions:
1. what is title 8 Code of Federal Regulations, Part 103.2(b)(16).

2. Why they are asking me new employer's I-140 and I-797 notices, when I changed the job using AC21 rule, is it necessary to apply thro new employer for I-140?.

3.I think I need to go for AC21 specialist lawyer. Please suggest me a good lawyer.

Please comment and advise if you have anything.
 
your old employer might have withdrawn his I140 petition after you left. Still it should not be a problem because you left him after
180 days. This is one of those cases where your file went to a
sadist adjudicator. Don' worry. They can only trouble you but they
can't win a case. Any good lawyer can bring this BCIS to its knees.
Try if you can talk to Rajeev Khanna's office. He is the best immigration lawyer. Since this is a serious case, you should get the help from a top notch lawyer. But i am sure that you will succeed in your fight.
Good Luck.
 
Thanks for your advises

I spoke with My Old employer whether they withdraw my I-140. They said no. Only thing happend is Old company lawyer who filed my GC, She wrote a letter to INS that he is no more employ of the company, and future correspondence will be done with the applicant only. She sent this letter after I changed the employer.

Any comments.
 
Get one of the lawyers mentioned above. All you probably need is to send them an employment letter from your current employer.
But NOID is always serious enough to warrant a good lawyer.
 
Hi guys

Today I finalised Shella Murthy as my lawyer, She gave me lot of hope. She was very angry with BCIS why don't they read rules before sending this kind of notices. I should wait and see what will happen to my case. I will keep on update you guys.

Thanks.
 
Killer,
I wish you good luck. I do not have an iota of doubt about the outcome of your case. (This is similar to what everybody felt about the outcome of Iraq-USA war). You are attacking BCIS just like USA attacked Iraq. Just like Iraq, BCIS has a weak case here.

You made a very good decision in going for Sheila Murthy. With Rajeev Khanna and Sheila Murthy, you are always assured of a
Victory.
 
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