Urgent!!! "intent to deny"???

cindy wu

New Member
I just called the IIO, she said that I got a notice of "intent of deny". My lawyer has not recived it yet. Does anybody has similar situation? How bad it could be? I was EB1, china, ND 1/00, FP 3/00 Thanks for any advice.
 
No Title

msg "Intent Deny" is a better than "denied". I saw a case on this forum. INS could not locate H1-B approval history in that case and sent the same notice. After producing Docs, I think the case got approved. Wish you good luck.
 
No Title

Do not worry. it could be a simple thing. In most of cases, INS sends this notice to check your status history if the necessary documents are not in your application. Once you supply INS with the requested documents, your case will be approved right away.
 
No Title

Please post when you receive the letter and find out the actual reason for "Intent To Deny". Lot of people had requested help on the forum before they received the letter and then they never posted the actual reason. Please help everybody!

Thanks & Good luck!
 
No Title

I just got the notice. It is true that they consider part of my history as out of status. The options are, 1 I prove I was not out of status, 2: i summit $1000 for penalty and apply for 245i. My lawyer said the chance for the first choice is 50% and second was 100%. I think I will go with the 245i. My problem was unique, i don\'t think anybody had it. My employer told me they were going to apply H-1 for me. 4 month pass the expiration date of OPT, they found out that the person who handled my case, prepared all files, but never sent it out. by the time it was found out, she left the job for 4 months already. 4 months is only 120 days. i was so unlucky, that was year 1998, the year for the first time H-1 reach its cap in april..... that is why my grey statuse last 8 month....the problem got solved somehow by my expensive lawyer and I got the h-1 Oct that year. I thought they wouldn\'t bring this up since they grant me the H-1. well, they do, obviousely. Here is one those horrible immigrant stories.

Now I have another question: If i use 245i, do i still have to wait for very long time like years or do I get a response withing weeks like a "further info request"? what is the chance for me to be asked for more info for 245i once i replied? I have no idea how 245i works. I guess not much people here have experience with 245i here either. but if you do, please spare your wisdom.
 
No Title

Thanks for sharing the info! Your experience will certainly help some one take proper precautions and keep on the lawyers back till they make sure that things are done correctly.

Seems like your problem is solvable. Good luck and hope you get your GC soon!
 
No Title

Your problem is solvable. Good luck. Thanks for sharing the info. There might be people who will benefit from this.
 
No Title

hi stringbean,

I too have been denied my I-485 and am looking for a good lawyer. Could you recommend one to me. I will be very grateful.

245i, I thought was replaced by 245 (k) where one does NOT have to pay $1000 anymore. Check on that, just type \'245 (k)\' and \'immigration\' on google.com and that should get you started.

Best of luck
 
No Title

Please consult a good lawyer. My suggestion is to ask your lawyer to explain fully to INS and to send $1000 penalty to use 245(i) simultaneously. In this way, you may save a lot of time. Recently, most 245(i) cases are sent to local offices. However, if you explain to INS the special situation you faced in 1998, INS may just approve your case without a transfer. I remember that I saw a similar case last year (may be on the old discussion board), in which a direct approval was received from NSC.
As for 245(i), I believe your PD is after Jan 14, 1998. You have to supply an I-485A, the evidence of your presence in USA on Dec 21, 2000 and $1000 as penalty ( I am not sure whether you have to send $1000 for each person in your family if they have the same problem). INS issued a memo this year listing a bunch of things that they would accept as evidences: such as receipts having your signature on or around Dec. 21, 2000, etc. Because you filed you I-485 before that date, INS may exempt you from the burden of supplying evidences.
 
Top