Intent to Deny Notice for I-485

P

pacha_card

Registered Users (C)
Hello Everybody need your advice.

PD - 12/2002 (EB3 substitution)
I-140 (applied in 08/2004 approved 10/2004)
I-485 (applied in 08/2004)
Changed the company in 04/2005
submitted the AC21 documentation to USCIS in 06/2005

But I didn't know that my previous employer had revoked my I-140 in October 2005. We only came to know that when we applied AP for my spouse. Online case status changed the LUD for my I-485 and and also for my spouse AP.

USCIS sent NOID on I-485 explaining I-140 was revoked so if you are elibile under AC-21 submit the following documents in 30 days other wise I-485 will be denied.

1) A written request to have your application considered under
section 106(c) of the AC21 act.

2) An original letter on company letterhead outlining your employment or offer
of employment by your current or prospective employer containing a
detailed description of the offered position, duties , remuneration and
and prospect for continued employment.

When I joined the new company I did send all the AC21 documentation and
also sent a letter to change the attorney respresentation to my new company. But looks like nothing has been considered by USCIS and sent the NOID to my old attorney. Thank God he a is good person and professional attorney, so he sent me the letter immly.

Now after responding to this NOID how do I make sure that my case has been
reinstated and also my attorney representation is changed to my new company. Because I am stuck in retrogession so they can't approve my case so there is no way I will know my case status. Please advice how to findout if my I-485 is still active and also who is my current representative on my pending cases.

Thanks in advance...
VG
 
Last edited by a moderator:
NOID is not a denial, your case is active . If USCIS decide to deny, which they should not in your case, they will issue notice of denial.
 
akatu said:
NOID is not a denial, your case is active . If USCIS decide to deny, which they should not in your case, they will issue notice of denial.
Click to expand...

What does NOID stand for?
 
pacha_card said:
Hello Everybody need your advice.

PD - 12/2002 (EB3 substitution)
I-140 (applied in 08/2004 approved 10/2004)
I-485 (applied in 08/2004)
Changed the company in 04/2005
submitted the AC21 documentation to USCIS in 06/2005

But I didn't know that my previous employer had revoked my I-140 in October 2005. We only came to know that when we applied AP for my spouse. Online case status changed the LUD for my I-485 and and also for my spouse AP.

USCIS sent NOID on I-485 explaining I-140 was revoked so if you are elibile under AC-21 submit the following documents in 30 days other wise I-485 will be denied.

1) A written request to have your application considered under
section 106(c) of the AC21 act.

2) An original letter on company letterhead outlining your employment or offer
of employment by your current or prospective employer containing a
detailed description of the offered position, duties , remuneration and
and prospect for continued employment.

When I joined the new company I did send all the AC21 documentation and
also sent a letter to change the attorney respresentation to my new company. But looks like nothing has been considered by USCIS and sent the NOID to my old attorney. Thank God he a is good person and professional attorney, so he sent me the letter immly.

Now after responding to this NOID how do I make sure that my case has been
reinstated and also my attorney representation is changed to my new company. Because I am stuck in retrogession so they can't approve my case so there is no way I will know my case status. Please advice how to findout if my I-485 is still active and also who is my current representative on my pending cases.

Thanks in advance...
VG
Click to expand...

And most likely you will get in response to your NOID something like this:

"....we received your response to our request for evidence or information. It is taking between 570 and 600 days for us to process this kind of case. However because preliminary processing was complete, the remaining processing time will be less than the maximum stated in this message. You will receive a written decision on this case."
 
pacha_card said:
Hello Everybody need your advice.

PD - 12/2002 (EB3 substitution)
I-140 (applied in 08/2004 approved 10/2004)
I-485 (applied in 08/2004)
Changed the company in 04/2005
submitted the AC21 documentation to USCIS in 06/2005

But I didn't know that my previous employer had revoked my I-140 in October 2005. We only came to know that when we applied AP for my spouse. Online case status changed the LUD for my I-485 and and also for my spouse AP.

USCIS sent NOID on I-485 explaining I-140 was revoked so if you are elibile under AC-21 submit the following documents in 30 days other wise I-485 will be denied.

1) A written request to have your application considered under
section 106(c) of the AC21 act.

2) An original letter on company letterhead outlining your employment or offer
of employment by your current or prospective employer containing a
detailed description of the offered position, duties , remuneration and
and prospect for continued employment.

When I joined the new company I did send all the AC21 documentation and
also sent a letter to change the attorney respresentation to my new company. But looks like nothing has been considered by USCIS and sent the NOID to my old attorney. Thank God he a is good person and professional attorney, so he sent me the letter immly.

Now after responding to this NOID how do I make sure that my case has been
reinstated and also my attorney representation is changed to my new company. Because I am stuck in retrogession so they can't approve my case so there is no way I will know my case status. Please advice how to findout if my I-485 is still active and also who is my current representative on my pending cases.

Thanks in advance...
VG
Click to expand...

Has the LUD for I-140 been changed from the day it was approved?
 
Thanks gc12gc.

Yes my I-140 LUD changed when my I-140 was revoked but the message wasn't changed. I suspected that my I-140 was revoked, so I called my previous attorney, he told me that he didn't send any such letter. He also told me that what ever he does to my case he will inform me because I am his client.

I am really shocked that my previous employer did this to me. Because he benefitted from me so much (more than 30K in one year) and he is still making profits because I referred 2 of my ex-colleagues to his company and I helped them to get through their interviews. The reason I left that company because when I my assignment was over I had taken care of myself applying for jobs and got the new assignment in 1 week. He didn't helped me at all in relocating or hotel expenses when I contacted him, My motivation totally gone down towards that compnay and meanwhile some other company offered me a nice job and promised me to take care of every immigration issue, so I decided to leave.

I am sure he had sold this labour to somebody else. That is the only reason he revoked my I-140. The lesson I have learned is, for some people money has no moral values and ethics.

Thanks,
VG
 
VG,

A qq, which service center you belongs to....just trying to find out since I am about to switch on AC-21 and making sure if thats the pattern or its all service center...

Thanks,
 
hi Pacha_card

who is your previous employer? looks like a total jerk. Do you mind sharing the company name? send me pvt message if possible
 
yep good to share......location,name..miss out one letter in name to give you comfort

jambalakadi1 said:
hi Pacha_card

who is your previous employer? looks like a total jerk. Do you mind sharing the company name? send me pvt message if possible
Click to expand...
 
ac21 140 revocation...issues

Hi,

I have been hearing a lot about previous employer revoking 140, to sell,
the prev. labor to someone.

I thought labor substitution is dead, goin forward. And very soon it will be illegal, is it not true ?

I am under the impression that they are not allowing any substitutions lately.
Pl. feel free to correct me.

regards,
a
 
for_ac21 said:
Hi,

I have been hearing a lot about previous employer revoking 140, to sell,
the prev. labor to someone.

I thought labor substitution is dead, goin forward. And very soon it will be illegal, is it not true ?

I am under the impression that they are not allowing any substitutions lately.
Pl. feel free to correct me.

regards,
a
Click to expand...

No it's still legal right now. DOL published new rule in commeting phase.
 
pacha_card said:
Hello Everybody need your advice.

PD - 12/2002 (EB3 substitution)
I-140 (applied in 08/2004 approved 10/2004)
I-485 (applied in 08/2004)
Changed the company in 04/2005
submitted the AC21 documentation to USCIS in 06/2005

But I didn't know that my previous employer had revoked my I-140 in October 2005. We only came to know that when we applied AP for my spouse. Online case status changed the LUD for my I-485 and and also for my spouse AP.

USCIS sent NOID on I-485 explaining I-140 was revoked so if you are elibile under AC-21 submit the following documents in 30 days other wise I-485 will be denied.

1) A written request to have your application considered under
section 106(c) of the AC21 act.

2) An original letter on company letterhead outlining your employment or offer
of employment by your current or prospective employer containing a
detailed description of the offered position, duties , remuneration and
and prospect for continued employment.

When I joined the new company I did send all the AC21 documentation and
also sent a letter to change the attorney respresentation to my new company. But looks like nothing has been considered by USCIS and sent the NOID to my old attorney. Thank God he a is good person and professional attorney, so he sent me the letter immly.

Now after responding to this NOID how do I make sure that my case has been
reinstated and also my attorney representation is changed to my new company. Because I am stuck in retrogession so they can't approve my case so there is no way I will know my case status. Please advice how to findout if my I-485 is still active and also who is my current representative on my pending cases.

Thanks in advance...
VG
Click to expand...

read below about NOID: source murthy.com

Purpose of this Memo

The purpose of the August 4, 2003 Memo is to provide policy guidance to Service Center Directors, BCIS Regional Directors and BCIS field offices in processing I-485s in those cases where the beneficiary of an approved I-140 petition changes employers under AC21. The Memo also clarifies the impact of a revocation of an I-140 petition on a pending I-485 application. This issue has taken on increasing importance following provisions allowing concurrent filing of I-140s and I-485s.

Old Memos Still in Effect

At the outset, the Memo specifically states that previous guidance memos are still in effect. These memos all deal with various AC21 issues. Specifically, the three memos mentioned are: (a) the January 29, 2001 Memo on H1Bs seeking admission; (b) the June 19, 2001 Memo on initial guidance for processing H1B petitions and other related legislation; and (c) the February 28, 2003 Memo on procedures for concurrently filed I-485s when the underlying immigrant visa petition (I-140 or I-130) is denied. All of the earlier memos have been summarized in prior MURTHYBULLETIN articles and also posted on MurthyDotCom for the benefit of our subscribers and visitors to our website.

New Job Must Be "Same or Similar"

The Memo states that if the I-140 petition has been approved and the I-485 applicant takes a new job in a "same or similar" position after the I-485 application has been pending 180 days or longer, then the underlying I-140 petition remains valid under AC21. In a footnote, BCIS mentions that the underlying Labor Certification also remains valid if the same conditions are satisfied.

If the I-485 has been pending fewer than 180 days, then the approved I-140 petition shall not remain valid and shall not entitle the foreign national to work with a new employer or in a new job under AC21.

Revocation or Withdrawal of the I-140 Petition

The Memo provides that the approved I-140 petition remains valid even if the original sponsoring employer requests its revocation, as long as the I-485 application has been pending at least 180 days at the time of the revocation or withdrawal. Those who chose concurrent filing enjoy an advantage, as they are accruing time toward the 180 days while the I-140 is pending, as long as it is finally approved.

Evidence of New Job Must Be Submitted to BCIS

In cases where the I-140 is revoked, the Memo states that it is "expected" that the foreign national will have submitted evidence of qualifying new employment which is the "same or similar" to the position as with the original sponsoring employer. If that evidence has been submitted, the adjudicating officer may simply adjudicate the case as though the approved I-140 petition had never been withdrawn.

If the I-485 applicant has not yet submitted evidence of a new job offer when the I-140 petition is revoked or withdrawn, the adjudicating officer is directed to issue a Notice of Intent to Deny (NOID). The disadvantages of a NOID have been discussed under, "Analysis and Conclusion," below.

If the applicant responds to the NOID with proof of a new "same or similar" job within the time allotted on the NOID, the case may be favorably adjudicated, notwithstanding the revocation of the I-140 petition. If, however, the applicant is unable to provide evidence of a qualifying new AC21 employer showing that the new position is indeed a "same or similar" job, the I-485 application may be immediately denied.

Employer's Revocation of I-140 before 180 Days

If the I-140 is revoked prior to the 180-day point or prior to approval of the I-140 petition, then the I-140 petition is no longer valid and the I-485 will have no basis for approval under AC21.

BCIS Revocation Based on Fraud
 
pacha_card said:
The lesson I have learned is, for some people money has no moral values and ethics
Click to expand...

Dude,
What do you want? The moment your employment ends, any ties with the company end, unless you had a employment contract stating otherwise.
Recently I asked my company to withdraw I-140 of somebody who quit, and believe, nobody cared what the effect on her it would have. She left, she's on her own.
 
i can't believe you guys

pacha_card said:
The lesson I have learned is, for some people money has no moral values and ethics.
Click to expand...

Are you for real? I agree with sortoftiredofwaiting's post. You are looking out for yourself, and hence you jumped companies at the first chance you got. The employer is running a business and has to look out for himself/herself. And yes, in business money is what pays the bills and keeps the payroll running. I am sure the employer did not come to your door pleading for you to join his company. You went to him because you needed a job. He hired you and processed your GC because he could make money of you (nothing wrong with that, because thats his business and you knew it from the beginning). Now that you have quit, he is doing the right thing by using your labor for someone else, if he can. Stop whining because you would do exactly the same thing is you were in his shoes.
 
sotiredofwaiting and bendover,

I am here only explaining my situation and if you both manages companies and if you really take care of your employees then my hats off to you and please keep continue. Because you are doing good so everything good happens to you in your lives.

bendover...how do you know that how I would react in what situation, you must be genious or famous astrologer.

Any way thanks for your insights and comments.
 
bendover said:
Are you for real? I agree with sortoftiredofwaiting's post. You are looking out for yourself, and hence you jumped companies at the first chance you got. The employer is running a business and has to look out for himself/herself. And yes, in business money is what pays the bills and keeps the payroll running. I am sure the employer did not come to your door pleading for you to join his company. You went to him because you needed a job. He hired you and processed your GC because he could make money of you (nothing wrong with that, because thats his business and you knew it from the beginning). Now that you have quit, he is doing the right thing by using your labor for someone else, if he can. Stop whining because you would do exactly the same thing is you were in his shoes.
Click to expand...

Bendover,
please stop making assumptions of what someone would do or not when faced with a situation.
 
pacha_card said:
Hello Everybody need your advice.

PD - 12/2002 (EB3 substitution)
I-140 (applied in 08/2004 approved 10/2004)
I-485 (applied in 08/2004)
Changed the company in 04/2005
submitted the AC21 documentation to USCIS in 06/2005

But I didn't know that my previous employer had revoked my I-140 in October 2005. We only came to know that when we applied AP for my spouse. Online case status changed the LUD for my I-485 and and also for my spouse AP.

USCIS sent NOID on I-485 explaining I-140 was revoked so if you are elibile under AC-21 submit the following documents in 30 days other wise I-485 will be denied.

1) A written request to have your application considered under
section 106(c) of the AC21 act.

2) An original letter on company letterhead outlining your employment or offer
of employment by your current or prospective employer containing a
detailed description of the offered position, duties , remuneration and
and prospect for continued employment.

When I joined the new company I did send all the AC21 documentation and
also sent a letter to change the attorney respresentation to my new company. But looks like nothing has been considered by USCIS and sent the NOID to my old attorney. Thank God he a is good person and professional attorney, so he sent me the letter immly.

Now after responding to this NOID how do I make sure that my case has been
reinstated and also my attorney representation is changed to my new company. Because I am stuck in retrogession so they can't approve my case so there is no way I will know my case status. Please advice how to findout if my I-485 is still active and also who is my current representative on my pending cases.

Thanks in advance...
VG
Click to expand...
Hi Pacha_card,

After you responded for NOID (I-485) what are all the events happend for your case?

1. Have you applied AC21 to respond for your RFE? If so, when did they reopened your case?
2. Any FP done?
3. Any documents USCIS requested?
4. What is your current status (GC)?

Regards
SR
 
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