Need help!!

[Nancy2015 2]

First off I want to thank everyone that has posted something in a positive manner and that has helped me out with my questions. Second off I want to say something, for the people posting that they have had enough of me I have one thing to say if that is the case then stop reading the post and stop replying! Is that so hard we are all adults here and the only reason we are on the site is to try to help each other go through a process that we are all going through. I appreciate all of the answers and suggestions that I have gotten from everyone whether or not they helped or didn't. I appreciate the time that these people went and the concern that they expressed. But as for the people who have made these comments about being sick of me or my post then again stop reading them!!! And I'm sorry if this offends anyone but we are all adults and should act like them.

Now back to my immigration issues, we have a appointment with a lawyer tomorrow and hopefully that will shine some lite on our case and help us get a reason for the denial. Also regarding the person (sorry I dont remember who) that posted regarding contacting a Congressman thanks and I have already contacted our local congressman and talked to a case worker in his office. They told me that they would be able to find the reason for the denial but also like us it could take them up to 30 days for USCIS to respond back to them. They don't have any special contact that allow them to get a answer ASAP. But again thanks for the advice and hopefully they can help us out should we need it. Again thanks for everyones help and time.

Melissa

The "had enough" comment wasn't directed at you

I sincerely hope that your congressman will be able to find out the reason for this denial - it seems weird that your I-130 is still pending and I-485 got denied. I myself tend to think that it happened because of some RFE that you never received, but it's just a speculation. I'm sure it will all be sorted out, good luck!

[misa 2]

Melissa, good luck with the lawyer and hopefully the congressman can find out something sooner than later. Please keep us updated on your case. Keeping my fingers crossed that you can get to the bottom of this.

[Killer_Clown_2009 0]

Also regarding the person (sorry I dont remember who) that posted regarding contacting a Congressman thanks and I have already contacted our local congressman and talked to a case worker in his office. They told me that they would be able to find the reason for the denial but also like us it could take them up to 30 days for USCIS to respond back to them. They don't have any special contact that allow them to get a answer ASAP.

Melissa

Did you try your senator's office? I'd try all the reps in your area (sorry I'm not sure how many there are, because I'm not exactly an expert on US governmental struture, but I'm guessing at least 3-4 that you can contact). One of they may (and should) have a special contact at USCIS.

Edited August 23, 2007 by jane2005

[~*Maria*~ 1]

Melissa, good luck with the lawyer and hopefully the congressman can find out something sooner than later. Please keep us updated on your case. Keeping my fingers crossed that you can get to the bottom of this.

Melissa keeping my fingers crossed that the Lawyer gets to the bottom of this

Misa,

I was just looking at your timeline...congrats on your interview approval btw

Edited August 23, 2007 by MariaDane

[mabdelbaqi 0]

Good afternoon everyone, well we had our appointment with a immigration lawyer today and I can actually say that we were happy with what we found out......and for a immigration issue thats the first..lool.

So we were told that we have two options, the lawyer was not able to find out the reason for the denial because our case files are not in California yet. So our options are we can file a motion to appeal and then when we find out the reason for the denial we can amend the motion to open due to the reason or we can wait until our I-130 which is still pending to be approved and then reapply for the I-485 and I-765 and just act like the first time we filed never happened kinda...if that makes sense? The lawyer told us that because his H1B visa is Valid until October 1st that technically he's not out of status even though he's not working but they could consider him out of status...but because we do not have the denial letter yet and we were never suppost to find out over the phone we can always say that we thought he was still in status with the I-485 because we never received the first notices and we have since requested for a second notice to be mailed out but that may take 30 days...So now we just have to decided what route we are going to take. I think we might try to file the appeal and see when we finally get the denial notice and then if that does not work we will just wait until the I-130 is approved and then go from there regarding re filing the other forms.

Well I will keep everyone posted as I hope that my trouble might make this process a little bit better for someone else in the future. Take care and again thanks.

Melissa

[Dr_LHA 3]

Yeah, I'm afraid your lawyer is still wrong about your husband not being out of status. His H-1B is no longer valid. I quote from the website of a well respected immigration law firm:

d. Consequences of termination for H1B employee :

Contrary to popular belief, rumor, and other confusion from various sources, there is no in-status “grace period” for terminated H1B employees. Therefore, the status ends on the final date of employment. A 60-day grace period was proposed by the INS in its June 19, 2001 Memo on the American Competitiveness in the Twenty First Century Act (AC21), as discussed below. This is still only a proposal, not the law.

INS policy is that time periods where an H1B employee receives severance salary payments or remains on the payroll without reporting to work are not periods of valid status.

Technically, an employee who remains in the U.S. after termination of the H1B petition dates, without extending or changing his/her status is violating his/her status. However, INS may exercise its discretion on a case-by-case basis to grant an extension, change, or amendment of status, in cases where the applicant was technically out of status for a brief period. It should be noted that the longer the time one is out of status, the less likely the INS is to approve the extension, change, or amendment of status. There are no set time limits in the law or regulations for the INS to exercise this discretion. It is safe to say that after September 11, 2001, INS discretionary actions in favor of the foreign national are less common.

A general rule is that, typically, an H1B employee who is out of status for a period of 30 days or less would have a reasonable likelihood of having the out-of-status period disregarded by the INS. However, we cannot guarantee that this unofficial policy will always be honored.

http://www.murthy.com/news/UDisster.html

Personally I would question the knowledge of an Immigration lawyer who things a person is in valid H-1B status just because of what the stamp says in his passport. Of course he probably only deals with family based immigration so doesn't understand how H-1Bs work. I still think it is important that you realise that your husband's H-1B is no longer valid.

My main reason for pushing this, is because I don't want to see your husband travel on his H-1B and get banned from re-entry because of his period of out of status. Employers are required to report to UCSIS when they terminate an H-1B employee, so it is likely that he would be flagged if attempting to use his H-1B to travel.

[Nancy2015 2]

Personally I would question the knowledge of an Immigration lawyer who things a person is in valid H-1B status just because of what the stamp says in his passport. Of course he probably only deals with family based immigration so doesn't understand how H-1Bs work. I still think it is important that you realise that your husband's H-1B is no longer valid.

Even if this lawyer only deals with family immigration, I'm surprised he doesn't know the basics of H-1B.

A person with an H-1B falls out of status when he/she stops working for a sponsoring employer. It's that simple.

[Dr_LHA 3]

A person with an H-1B falls out of status when he/she stops working for a sponsoring employer. It's that simple.

Indeed, there isn't a lot of grey area here. The same goes for all visas that are linked to a job, or study, like a J-1 or F-1 visa.

Legal status in the USA is not based on what a visa stamp says. I know this because I lived in the USA with legal status for 2 years with nothing but expired visa stamp and I-94 in my passport. All a visa does is let you enter the USA. As I mentioned earlier, its the status that allows you to remain.

[TracyTN 237]

Personally I would question the knowledge of an Immigration lawyer who things a person is in valid H-1B status just because of what the stamp says in his passport. Of course he probably only deals with family based immigration so doesn't understand how H-1Bs work. I still think it is important that you realise that your husband's H-1B is no longer valid.

Even if this lawyer only deals with family immigration, I'm surprised he doesn't know the basics of H-1B.

A person with an H-1B falls out of status when he/she stops working for a sponsoring employer. It's that simple.

Agreed. I read the FAQ on USCIS' website the other day about H1b's and even I gleaned that much from them!

[Magnolia31 0]

It counts more than your 'idea' of them being denied because of supposed fradulent intent - which not only doesn't fit the OPs situation, but is non sensical. How would they be able to rule on intent without having conducted an interview?

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

Indeed, beckypua was wrong to make such sweeping assumptions about you based on what you posted. Not only was it pointless idle speculation, but for the reason I posted above, it is highly unlikely that they would deny your case without interviewing you. In fact the only reason I can think of for flat out denial is missing an appointment, biometrics or AOS interview. Sadly I'm guessing this is what has happened here.

Only reason you can think of don't really count!

All's I'm trying to point out is no matter what the reason OP should have a lawyer standing by.

I always think of the worst scenario in dealing with USCIS as you don't often know what they will hit you with and cover your butte as best as you can.

Been there! Done that!

I don't believe in lawyers much also but there are times you need one no matter what!

It counts more than your 'idea' of them being denied because of supposed fradulent intent - which not only doesn't fit the OPs situation, but is non sensical. How would they be able to rule on intent without having conducted an interview?

The only way the OP can now 'cover their butt(e?)' is to start with an infopass appointment to figure out exactly what happened (read: why they were denied), and then work on appealing the denial (likely with the help of an attorney).

[Magnolia31 0]

I am sorry that they couldn't help you and at least give you the reason why! As crazy as it seems, it is normal for your case file to be somewhere else. I filed my AOS in Chicago - I live outside of Chicago. However, when i went to my infopass appointment to get my case expedited, the adjudicating officer told us that the case file was not there yet, she had to order it. I found it strange too and it did not make sense!

And yes, your case would have to have been in the Sacramento office already in order to get an interview. That is why the AO ordered my case file immediately ... so I can get an interview ASAP.

I hope you can get an answer some sort of way. Not knowing a reason would kill me!

Good afternoon everyone, again I want to thank everyone for there replies. So we had our infopass appointment this morning in Sacramento which is a two hour drive and it was a two hour drive for nothing!! Our case isn't even at the Sacramento office it is still at the National Beneifits Center in MO. So they couldn't tell us ANYTHING!!!!!! We are completely lost at this time we have to wait another month for our file to get to Sacramento, I guess they requested our file there. All I have to say is how can you live in one state but have your file half way across the country? Who knows what the reason is now. I don't think it is a interview missed because wouldn't our case have to be in Sacramento in order for them to have our interview there? I don't know anymore! So now we are back to square one, we know it was denied but have no denial notices almost 20 days after it was mailed and we have no idea what his current status is...(Immigration in Sacramento could not tell us what it was until they receive his case files). So if anyone out there has any ideas or words of advice please help. Next step is were going to have to go talk to a lawyer. The most bothering thing right now is not knowing why the case was denied! Again thanks for all your help.

Melissa

[TracyTN 237]

The only way the OP can now 'cover their butt(e?)' is to start with an infopass appointment to figure out exactly what happened (read: why they were denied), and then work on appealing the denial (likely with the help of an attorney).

Interesting! And they actually gave the intent upon entry as the reason for the denial?

[Magnolia31 0]

Ha! I was thinking that too but didn't wanna say it. Seems odd to me that they get told over the phone? that their applications are denied, but yet they have to receive a letter. Also, how does a customer service representative on the "misinformation line" have access to whether or not their applications were denied?

USCIS is known for making mistakes. And the hotline is a freaking joke! I was laughed at when I asked if our case can get expedited since my husband was going to Iraq. I laughed at that call when I was told at infopass that it would get expedited. i swear, just a bunch of misinformed idiots working those lines. Every now and then you may get lucky and get someone who knows a little bit.

Actually one reason to believe it wasn't an RFE is I believe you usually get email update when an RFE is sent. I assume you didnt' get such an email or see that update on the USCIS website? That said the website isn't 100% reliable. Hell there's a chance the "denial" message is system glitch.

[misa 2]

NOT necessarily true! My friend came here last summer with the intent to marry. She got married and went and filed for AOS. Her applications were also denied without ever having had an interview! She is now back in Germany.

I'm curious... what was the basis of denial in your friend's case? Was her I-130 also denied or is it still pending?

[Magnolia31 0]

Have you contacted the Ombudsman? Contact them - that's what they are there for! I am willing to bet that they can find out what exactly is going on with your case ... I know they can! At least this way you can have your reason, if you are indeed even denied. I don't trust USCIS and they have been pretty consistent a making stupid mistakes.

http://www.immigration.com/improving_immig...sombudsman.html

Please try them! They are there to help with case problems.

As I stated earlier we did file the I130 along with the I485 and the I765 so my question is if they denied the AOS and EAD then why didn't they deny the I130? As of right now it is still pending. And regarding calling USCIS everyday week, that is basically what we have been doing. Its sad that its a government office and they can't seem to get there records straight. Every person that we have talked to has given us a different answer. I don't know anymore. WEll wish me luck I'm off to check the mail in hopes that the denial notices have come finally after almost 20 days.

Melissa