URGENT!!! Sep case Intent to Deny

G

gcsep10

Registered Users (C)
Hi friends,

finally i got the notice from INS -NOID (Intent to Deny)
As part of that they want "An employment letter from the company which filed my I-140".But i have already changed my employer and working on EAD with a different company.I switched employers after 180 days after the I-485 was filed.

Now i am not sure if i can submit the employment letter from old employer because i do not have pay stubs from that employer since June.

Friends please post your advise ASAP.

Thanks
RD Sep10
ND Nov 13
FP done in Feb 2002
 
Talk to your lawyer.
you should send the employment letter and paystubs from your current employer, AC-21 allows you to change jobs.
 
Why they want to deny your case?
Have you been out of status?
Has your old company go out of business and INS knows?

Usually they should give you a RFE than deny.
 
i am going to meet my attorney..will post more details once i am back.i know the company i worked for previosly has been investigated by INS but do not know the details of what went on there..I have never been out of status..
 
I have seen other people getting this "intent to deny" in this board this in most cases is strongly worded RFE.

Has anyone had a different experience?
 
Well. if your previous company is investigated by INS, that could be the reason why you get an intent to deny.
If you prove your are working with another company now, I think you should be fine. But very much likely, after you send your document to INS, they will issue you an interview.
 
Friends thanks for all the prompt replies and suggestions.

no i did submit employment letter but somehow they want it now..again or for what reason i do not know.
i have already switched employers in june ..all of the last year since Sep 11 incident the company which i was working for has been investigated by INS ..do not know why or for what reason..

i am eligible for the Ac 21 rule for changing employers but specifically why does the INS Want the letter from the employer who sponsored I-140? Why did the INS word it like that ?

I have checked a few of the friend's RFE notices but i have never seen this sentence before.

any thoughts on this friends
 
Hi,

If you don't mind can you tell the name of your X-company. Is this company still existing?

Your case is strange. Haven't seen INS asking for employment letter from the company which has filed for 140.

Best luck with your case.

Thanks,

udp.
 
If your company is a target of INS black list, maybe that's why they want you have the employment letter from that company.
 
I think INS would have made its list public for blacklisted companies?

Moreover since we don't know the name of this company can't even find if there are any news related to this on the web/news sources.

Also considering that the company was investigated/blacklisted by INS and if it is still operational, how come INS has not taken any action to warn people about this company? How come they are/might have issues work visas to employees of this company.

So many queries come to mind but no answers.....

- udp
 
Don't get frightened by NOID. As amitGreen said, NOID is like a scary form of RFE. Consult the attorney and AC21 should help you.

Best wishes,

Jigesh
 
Friends ,thanks again for the prompt suggestions and help.

I do not know if the company has been blacklisted but surely they are not getting any more labor approvals and new h-1's since last year.

And sorry friends i cannot tell their name in this forum because i may need their help in some way till this whole ordeal is over.But the company has never caused any problems to it's employees except squabbling among the management itself.They gave good salaries to everyone and even bench till the end of the year 2001.

But at this stage i am not frightened or frustrated as this issue is not the end of the world.

I did sign the I-9 form with is mandatory if we have to work with any new employer using EAD.

NOID has been issued because of 245 LIFE act.This is related to being out of status but as far as i know i was not out of status.I have to meet the attorney to find out the exact reason why INS thinks i am out of status .

Friends thanks again for all the help and valuable advise everyone is giving.
 
I would suggest

Input your H1B case # in the web to check your H1 status to see if it's revoked or not.

If the company was investigated by INS, during the process they may have revoked something. That's a possibility that you could be out of status.
 
Hi,

Hope you were not working for Infocom or Infocomm whose president was arrested today in Dallas?

All the best.

udp
 
I have a question...

If anyone is out of status and then eventually gets another Visa and then they get a GC - what if INS comes to know that they have been out of status ?

I heard of my former colleagues bragging that she was out of status and then gave some fake payslips to INS and then got another visa issued. She even got GC last year. What if INS investigates and finds that she lied to INS and got the GC ?
 
gcsep10,

If the NOID is for the LIFE Act, I would presume INS will ask to provide evidence of maintaining status. Did the NOID mention the Life Act or else from where did you get this info ?
 
NOID Update

Friends ,

Thanks for all your support here.

I contacted the attorney .

This case is a long long one.

I came here on a visa with a company in NJ.

This company "C" was a typical jerky company -typical flesh trader.As usual i settled down with company learned driving and all then got selected for a project.Then the music started .Before going for the project the company C asked me to sign a bond with them.

I resigned from this company as they were forcing me to write a bond for 3 years for a salary of 55k and a raise of 5% every year,after i was selected for a project .They had written in the letter they had given me in india that they will pay me 65k.They never had me on payroll or paid me bench.I did not pay them a penny and i even paid for my tickets myself.

I was prepared to go back to India .Then a freind of mine recommended me to this company "N" in NJ.


This company N for some reason applied for the H-1 3 1/2 month late.Thought they told me that the H-1 applied on the day i resigned from company "C", and decided to join company "N".

I got my H-1 from the this new company " N " and it was valid till Nov 2000 and an extension was applied in October 2000 itself.The extension was approved in August 2001(Delayed due GOK). My GC process was started at the end of 99 and 485 filed last year. Then with management squabbles the company "N" sank this year October.By that time to preserve my 485 status i took up full time employment on EAD.

When my 485 was filed my h-1 extension was not approved yet because of INS delay.Though i have attached the H-1 extension receipt at that time INS somehow overlooked the fact that the case has been approved by themselves in August, after i filed the 485.

They have issued NOID thinking that i am out of status but actually i have H-1 approval with me and all the records.

But the catch here is not only the NOID ,INS has raised the issue of proving my status for the period in 98 when i switched companies.

For the latest period i am actually in status for which i have proof of all the appovals.But for the period in 98 i have no proof ,the h1 could have been canceled too by my first employer C.

The attorney has decided to file the case under 245 (i) because that will avoid further problem with the status in 98.The problem here that company C could have cancelled the H-1 in which case my status is invalid.If i say i am in status now INS may still send another NOID for that time.

To avoid any issues with these companies i have given them short names C and N.

Other than the NOID ,what INS they have sent is not that complicated and normal RFE stuff

------>Medical (may be because of the 1 year passing from filing date)
------>Proof of employment
------>2 years tax returns and W-2's

Ham honge kaamyaab ek din. .don't worry be happy and relax . Getting GC or not getting GC is not the end of the world.There are lot of things we have to acheive ...

Cheers friends and thanks again for all your patience..

After all of this i have gained some knowledge and experience in INS matters ..that 's a plus right !!!

Ciao!!
 
Best of Luck

Wish you all the very best. Being in the queue for the GreenCard I can pretty well understand your situation. Keep us posted on the happenings with your issue
 
You must log in or register to reply here.
Top