Form I-485

H-1B and I-485 RFE, Notice of Intent to Deny or Denial Due to Incorrect Information Provided on Resume: What You Need to Know

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When applying for an H-1B visa or an I-485 green card adjustment of status, every detail in your petition matters. One of the most common and frustrating issues applicants face is a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or even a denial because of incorrect information provided on the resume.

If you recently received an H-1B or I-485 RFE, NOID, or denial for this reason, you are not alone. USCIS takes accuracy very seriously, and even a small inconsistency can trigger concerns about misrepresentation, eligibility, or the credibility of your case.

Why Resume Information Matters in H-1B and I-485 Cases

  • Work Experience Claims – If your resume lists employers, job titles, or dates that don’t match official records, USCIS may question whether you meet the specialty occupation or experience requirements.
  • Education Background – A mismatch between resume details and degree transcripts can raise red flags.
  • Skills & Certifications – Inflated or misstated credentials can be viewed as misrepresentation.
  • Employment Gaps – Unexplained or incorrectly presented time periods may prompt USCIS to question status maintenance.

Common Triggers for an RFE, NOID, or Denial

  1. H-1B Visa Applications
    • Dates of prior employment that do not match payroll or tax records.
    • Experience letters that contradict resume claims.
    • Education details that differ from transcripts or degree evaluations.
  2. I-485 Adjustment of Status
    • Past employment inconsistencies revealed through background checks.
    • Overstating roles or responsibilities to qualify for a category.
    • Listing employers later identified as fraudulent or dissolved.

How to Respond to an RFE or NOID

Responding to an RFE or NOID is not just about sending more paperwork. It’s about building a cohesive legal argument that convinces USCIS your case deserves approval. Many applicants try to respond on their own or with generic templates and end up facing denials because the response lacked strategy, evidence, or proper legal framing.

The difference between approval and denial often comes down to the quality of your response. A well prepared package can turn a weak case into a winning one. We’ve successfully helped clients overturn NOIDs, overcome RFEs, and even salvage cases that other law firms had given up on.

Denial and Next Steps

If your case is denied due to resume inaccuracies:

  • Appeal or Motion to Reopen/Reconsider – File with USCIS or the Administrative Appeals Office.
  • Refiling – In some cases, correcting the record and refiling is the fastest path.
  • Waivers – If USCIS alleges willful misrepresentation under INA §212(a)(6)(C)(i), a waiver may be needed in limited circumstances.

How Our Law Firm Can Help

We have helped many clients overcome H-1B RFEs and NOIDs and successfully respond to I-485 challenges involving resume discrepancies. Our team:

  • Reviews every detail of your petition for consistency.
  • Builds strong documentary evidence to resolve USCIS concerns.
  • Prepares persuasive legal arguments citing USCIS policy and case law.

Turn RFES or NOIDS Into Approvals With Our Help

An H-1B or I-485 RFE, NOID, or denial caused by incorrect resume information can feel devastating but it does not have to end your immigration journey. With the right strategy, documentation, and legal representation, we have successfully helped many people succeed. Contact us today at 305-515-0613 or email info@messersmithlaw.com to discuss your case.

I-485 Denied for Criminal Record? What You Need to Know and How We Can Help

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Applying for a green card through Form I-485 (Adjustment of Status) is one of the most important steps in your immigration journey. But many applicants face a difficult roadblock: criminal issues. Even a minor arrest, misdemeanor, or past conviction can trigger serious problems, including a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or outright denial under INA 212(a)(2).

If you’re worried about whether your criminal record will affect your green card application, you’re not alone. This guide explains what types of crimes impact I-485 approval, what options are available, and how our law firm helps clients overcome these obstacles.

Does USCIS Check Criminal Records for I-485?

Yes. As part of your I-485 application, USCIS requires fingerprints and background checks through the FBI, Department of Homeland Security, and other law enforcement databases. Even expunged or dismissed cases can appear in these checks. That means hiding or failing to disclose past arrests can lead to denial for misrepresentation under INA 212(a)(6)(C)(i) and sometimes worse than the crime itself.

What Crimes Can Cause Green Card Denial?

Some criminal issues can make you inadmissible and lead to denial of your I-485:

  • Crimes Involving Moral Turpitude (CIMTs): theft, fraud, domestic violence, etc.
  • Controlled Substance Violations: drug possession, marijuana use, trafficking charges.
  • Multiple Criminal Convictions: two or more offenses with sentences adding up to 5+ years.
  • Aggravated Felonies: serious crimes like murder, rape, or major fraud.
  • DUI or Alcohol-Related Offenses: while not always a bar, multiple DUIs or DUIs with injury can cause denial.

Even arrests without conviction can raise red flags. USCIS officers often issue RFEs or NOIDs to demand police records, court documents, or proof that the case was dismissed.

Can You Still Get a Green Card With a Criminal Record?

Yes. In many cases, you can still succeed. Options include:

  • Criminal Waivers (Form I-601): Available if you can show extreme hardship to a US citizen or lawful permanent resident spouse, parent, or child.
  • Strong Legal Arguments: Demonstrating that your charge is not actually a CIMT or doesn’t trigger inadmissibility under immigration law.
  • Challenging Incorrect Findings: USCIS sometimes misinterprets state law. Our legal briefs have overturned many wrongful inadmissibility determinations.

Real Client Success Stories

  • Case 1: DUI and I-485 Pending
    A client was arrested for DUI while his I-485 was pending. USCIS issued a NOID citing concerns over public safety. We responded with strong legal arguments and evidence. His case was approved, and he received his green card.
  • Case 2: Theft Charge Dismissed, Still Denied
    Another client had a theft charge dismissed years ago, but USCIS still flagged it as a crime of moral turpitude. We successfully argued that dismissed charges cannot form the basis of inadmissibility. USCIS reversed its decision, and the green card was granted.

How We Help Clients With I-485 Criminal Issues

Our firm has extensive experience handling I-485 denials, RFEs, and NOIDs involving criminal records. We:

  • Review your case and identify the exact immigration consequences of your charges.
  • Collect crucial documents to build a defense.
  • Write persuasive legal briefs challenging USCIS misinterpretations.
  • File I-601 waivers when necessary to overcome inadmissibility.
  • Guide you step by step to keep your green card process on track.

Don’t Risk a Denial. Let Us Fight for Your Green Card

A criminal record does not automatically mean your I-485 will be denied, but it does mean you need a strong legal strategy. Many applicants succeed in overcoming these issues with the right approach and evidence.

If you’ve received an RFE, NOID, or denial on your I-485 due to criminal issues, don’t wait until it’s too late. Call us at 305-515-0613 or email info@messersmithlaw.com today. Let us fight to protect your immigration future and help you secure your green card.

I-485 Notice of Intent to Deny Employment-Based: What It Means and How to Respond

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Applying for a green card through employment is an exciting step toward permanent residency in the United States. But if you’ve received a Notice of Intent to Deny (NOID) on Form I-485, it can feel like your dream is slipping away. The good news is that a NOID is not a final denial. It is your last chance to respond and save your application.

In this guide, we’ll explain what an I-485 NOID means, common reasons it is issued in employment-based cases, and how to prepare a strong response to keep your green card journey on track.

What Is an I-485 Notice of Intent to Deny (NOID)?

A NOID is issued by US Citizenship and Immigration Services (USCIS) when an officer finds serious issues in your adjustment of status application that could result in denial. Instead of rejecting your case immediately, USCIS gives you a limited opportunity to explain or provide new evidence.

For employment-based green card applicants, USCIS may issue a NOID for reasons such as:

  • Problems with the job offer or the employer’s ability to pay wages
  • Concerns about your qualifications for the position
  • Allegations of unauthorized employment or status violations
  • Suspicions of fraud or misrepresentation in prior applications

Common Reasons for Employment-Based I-485 NOIDs

Employer-Related Issues

  • USCIS questions the company’s ability to pay the offered wage, often based on tax returns or financial records.
  • The job description appears inconsistent with the approved labor certification (PERM).

Applicant-Related Issues

  • Unauthorized employment or status violations during your stay in the US
  • Discrepancies in your education, qualifications, or work experience.
  • Criminal history or other grounds of inadmissibility.

Legal Grounds Often Cited

  • INA 212(a)(6)(C)(i): Willful misrepresentation of a material fact.
  • INA 245(a)/(c): Ineligibility to adjust status due to unlawful presence or other restrictions.

How Much Time Do You Have to Respond?

Most I-485 NOIDs give applicants 30 days to respond. This deadline is strict and if you miss it, USCIS will almost certainly deny your case. Acting quickly is critical.

How to Respond to an I-485 NOID

Responding to an I-485 Notice of Intent to Deny (NOID) is not something you should face alone. USCIS expects a detailed and point by point response backed by solid evidence and strong legal arguments. A weak or incomplete reply almost always leads to denial. Our firm has helped countless clients overcome NOIDs by crafting persuasive responses that address USCIS concerns directly and protect their path to a green card. If you’ve received a NOID, time is critical. Contact us today at 305 515 0613 so we can build the strongest possible case for you.

What Happens If You Don’t Respond?

If you fail to respond or provide a weak response, your I-485 will be denied. In some cases, if the NOID cites fraud or misrepresentation under INA 212(a)(6)(C)(i), you could face a lifetime bar from immigration benefits.

How We Help Employment Based Applicants

When employment-based applicants receive a Notice of Intent to Deny (NOID), we step in with the experience and strategy needed to turn cases around. Our team carefully analyzes USCIS’s concerns, gathers the strongest evidence, and prepares persuasive legal arguments to protect your path to a green card. From proving your employer’s ability to pay to defending against allegations of fraud or misrepresentation, we know what it takes to overcome NOIDs and win approvals.

With the right strategy, many of our clients have overcome NOIDs and moved forward to green card approval.

Secure Your Green Card and Contact Us Before It’s Too Late

A Notice of Intent to Deny on your employment-based I-485 is serious, but it doesn’t mean your case is over. With a strong response, supported by clear evidence and legal arguments, you can still win approval.

If you’ve received an I-485 NOID in your employment-based case, act quickly. Contact us today at 305-515-0613 or email info@messersmithlaw.com to start building a strong response before your deadline expires.

I-485 Notice of Intent to Deny Under INA 245(c)(7) – What It Means and How to Respond

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If you’ve received a Notice of Intent to Deny (NOID) for your Form I-485 based on INA 245(c)(7), it’s essential to understand the reason behind it and what steps you need to take to protect your immigration status. This provision specifically impacts applicants who filed for adjustment of status through employment-based categories but did not maintain lawful nonimmigrant status at the time of filing.

What Is INA 245(c)(7) and Why Did I Receive a NOID?

Under INA 245(c)(7), applicants seeking to adjust status based on an employment-based immigrant petition must have maintained continuous lawful nonimmigrant status until filing the I-485. If USCIS finds you were out of status, even briefly, they may issue a NOID threatening to deny your green card application.

You may have received this NOID if:

  • You overstayed your prior visa or fell out of status;
  • You changed employers without authorization;
  • There was a gap between your previous visa expiration and your new employment authorization; or
  • You worked without proper authorization before filing the I-485.

Can I Fix a 245(c)(7) NOID? What Are My Options?

Receiving a 245(c)(7) Notice of Intent to Deny (NOID) can feel like the end of the road but it doesn’t have to be. Many applicants are denied simply because their response lacked the right legal arguments or supporting evidence. The good news is that with a strong, carefully crafted response, a 245(c)(7) NOID can often be overcome. Your options depend on the specific issue but the key is presenting strong legal arguments backed by solid documentation. With the right legal strategy we have successfully assisted many clients overcome 245(c)(7) denials.

How to Respond to a 245(c)(7) NOID

You typically have 30 days to respond to a NOID. Your response must address all the issues raised by USCIS with strong legal argument. A well-prepared response can convince USCIS to approve your case despite the initial finding.

We Help Clients Fight 245(c)(7) Denials and Win

Don’t let a NOID stop your path to a green card. Our firm has helped clients across the U.S. overcome I-485 NOIDs under INA 245(c)(7) by building strong legal responses that highlight eligibility, fix record errors, and demonstrate that clients meet the requirements under the law.

If you’ve received a Notice of Intent to Deny your I-485 under INA 245(c)(7), act fast. Contact our office at 305-515-0613 or info@messersmithlaw.com to schedule a consultation. We’ll evaluate your case and guide you through your best legal options.

I-485 Portability; EAD Employment

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My current company has sponsored my H1B and applied for Green Card. I have received my EAD card, and I485 is submitted an year back. I485 is pending approval.

I am currently interviewing with other companies and anticipating an offer letter from another company. My new company is not willing to sponsor my H1B.

So, my question here is:

a. Can I sponsor my EAD myself ? What is the process to do it ?

b. What are the risks ?

c. Is it going to impact my Green Card processing ?

Please advise. Thanks in advance.

So long as meet the I485 portability requireemnts, you can move to a new employer and work with an EAD and USCIS will still process your green card. The portability rule applies where you have an approved I-140 and an I-485 pending for at least 180 days you may move to a new employer where the new job is “in the same or similar occupational classification as the job for which the certification or approval was initially made.” You new employer will have to make an AC21 filing notifying USCIS of your new employment..

I-485 Approvals Before Priority Date is Current According to Latest Visa Bulletin

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In the past couple months, we have been seeing some client obtain I-485 approvals where their priority date is not current.  This is contrary to the law and may lead to a future revocation.  The USCIS Service Centers are willing to allow an informal application to rescind the approval and allow the person to retain their pending I-485, along with any approved work or travel authorizations.  Failure to take action in this instance may preclude future immigration benefits such as naturalization and may cause the applicant to lose his or her place in the immigrant visa queue.

New Processing Procedure for Form I-140 and I-485 at the Texas Service Center (TSC) and Nebraska Service Center (NSC)

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New processing procures at the NSC and TSC regarding concurrently filed Form I-140 and Form I-485 are creating difficulties for borderline cases.  Previous USCIS Memoranda required USCIS adjudicating officers who denied an Petitioner’s Form I-140 to hold the Form I-485 for up to 30 days after the Form I-140 denial in case the Petitioner chose to appeal.  Then if the Administrative Appeals Office (AAO) sustained the appeal, the USCIS adjudicating officer would approve the Form I-485.  Now, the USCIS will immediately deny Form I-485 when Form I-140 is denied.  This means that every Petitioner should make sure that their Form I-140 petition is presented in the best possible light, especially in cases of concurrent filings.  Beneficiary’s are also advised to maintain nonimmigrant status, where possible, prior to Form I-140 approval and in some cases, before Form I-485 approval.