Noid because of earlier employer request

A

apol

Registered Users (C)
Helo Gurus,

I need advise from seniors very badly.

My 140 approved on Apr 2004. After one year my 140 was revoked because of earlier employer request. I changed job on end of 2004 and filed AC-21 on Nov. Looks like VSC didnt receive my AC-21 letter but i have proof delivery with tracking number.

I worked for company A and applied my 140 and 485 with them on Oct 2003. I changed job on end of 2004 with approved 140 (after 180 days)

Today morning I talked to assistance in lawyer office and they sent me the 485 rfe. It says
"In order for the validity of the revoked immigrant visa petition(FormI-140) to be preserved for adjustment of status based upon a new offer of employment pursuant to section 106(c) of the AC21 act, you much submit the following.

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 prospect for continued employment"

Please adivse gurus. Is this thing is happened to any one and got approved !!!
 
Last edited by a moderator:
You will be fine. Ask your lawyer to reply back to USCIS with the required document ASAP (you have 30 days to reply). Attach a copy of earlier AC-21 mail delivery information. Once reply with proper documents, you will be approved.
 
Pralay!!!

Man!!!!You really made me happy today.....you gave me confidence......

Does it matter software engineer ( in labor) to Database Administrator...our company attorney also told not to worry...since both are similar jobs.....

Thanks
 
apol said:
Pralay!!!

Man!!!!You really made me happy today.....you gave me confidence......

Does it matter software engineer ( in labor) to Database Administrator...our company attorney also told not to worry...since both are similar jobs.....

Thanks
Click to expand...

New Ac-21 job doesn't have to be exactly same. Similar jobs are fine.
 
Hi apol,

I am also on the same boat. I receied the noid letter on my 485 case on end of march 2005. From company A I moved to company B. Now I am in the process of preparing the documents which my layer suggested.

Be in touch and I will update my status when ever if there is any.
 
Pralay!!!

That is great!!! about similar job . . . .

NJCGC!! Sure man..I'll update my status .....i am in the process of getting all the necessary papers from my HR Dept.

These desi employers never change their attitude...worked for 5 years and he got huge money from me and referalls...still he asked VSC to revoke it...

Thanks for your responses.

APOL
 
apol said:
These desi employers never change their attitude...worked for 5 years and he got huge money from me and referalls...still he asked VSC to revoke it...
Click to expand...

Some companies who mainly dependent on immigrant workers revoke H1 or I-140 to keep their number low so that in future it becomes easier for them to get new H1/I-140.

When you get approved, send them email/mail to let know that you are approved and sarcastically thank them for revoking your I-140.
 
Unfortunately our country men itself will screw us badly and infact one of my relative's I140 was revoked after working for him for long and now he has started GC process all again with another company. So I think as soon as one see's that the Desi Employer is a blood succer, then I think its time to look for another employer. My 2 Cents!
apol said:
Pralay!!!
These desi employers never change their attitude...worked for 5 years and he got huge money from me and referalls...still he asked VSC to revoke it...
APOL
Click to expand...
 
Thanks for your prompt replys guys. I have few questions in the process of preparing documents for the NOID.

I got a NOID notice end of March. As per my lawyer advise I am preparing the documents. Actually I moved from A to B company.

Please advise me what are the things I need to be carefully while preparing the documents.

1. Is the skill set has to match exactly with the current job as it mentioned in labor (Apple to Apple) !!!
2. Is the job position name also has to be same (Apple to Apple) !!!
3. Salary has to be same as by labor (Apple to Apple) !!!

Once the 140 is approved how can the company revoke 140 !!!

If any one has sample letters pls post it here.

Thanks a bunch
 
NJCGC!!!

As per my current company attorney and my attorney ,Similar job is fine...(Pralay has already mentioned it for my question...Thanks Pralay)

Skills are not necessarily APPLE to APPLE...

Salary can be same or above, would be a better........

Thanks
 
Do I need to pay any INS fee for NOID ? I am totally confused....

company attorney says not necessary ? I heard from my frd that we have to pay 110$ for this....

can you guys tell me this please? ? ? ?
 
Any LUD Changes after I140 revoke

Will there be any LUD changes if employer revokes I140? How can we know whether the employer revoked I140 or not?
Hi apol do you have any LUD changes on I-140 after approved?
 
Yes LUD changed on 140 and 485 but info was same..for 140 approved blah balan...485...recieved FPs blah blabh...

Attorney got NOID and Revoked letters...i recd nothing....
 
Hi wasapproved,

I got LUD change when my 140 revoked. But in the email it doesn't say whether 140 revoked or not. I140 revoked(03/2005) after approval(03/2004). I came to know only only received NOID for my 485. That too NOID they sent to lawyer not to me.

Thank You
 
apol or njgc
Can you please give details of I140 AD and LUD changes for I-140 and also I-485 denial or RFE notice dtae and LUD changes.
My case was similar to you. After I-140 approved changed employer but till now no LUD changes for I140 but there are LUD changes for I485.
Please let me know so i can take care by filing AC21.
Thanks.
 
Hi wasapproved,

140 approved on March 2004 and LUD changed MArch 2004 many times. 485 LUD also changed simultaneously. I didn't get any of those letters. Finally when I call to my lawyer they said all the story. And the lawyer said it's a NOID and I need to apply for AC21 and need to submit paystubs and w2s.

Thank you
 
NJCGC

Have your attoreny or you responded to NOID? If so is lud changing everyday? Our attorney responded on 4/22 and LUD is changing every day from 4/26.

4/26 - like we recd...
4/27 - no msg change
4/28 - no msg change

Thanks
 
Hi apol,

I just submitted may be I can expect my 485 case will be updated next week. I will update you once any updates on my case. You keep post me whenever there are any updates to your case.
 
The LUD change on my 485 ....triggered on my pendig AP ,which has been approved on 4/28/05 and receieved them in mail.

I applied 2nd EAD and AP on Jan 26 05..
EAD got approved on 1st week of March..

AP - 3/10/05 - RFE on Photos ( Digital photos)
Replied on 3/25/05 ....
No LUD change....no msg from VSC that we have received your photos....

4/18/05 - Attorney informed me about NOID (NOID originally issued date was 4/4/05 )

4/22/05 - replied to NOID...

Lud changed on 485 from 4/26 --like Recd your response for NOID
4/27 - no msg but lud
4/28 - no msg but lud

4/30/05 - AP approval notice (approved on 4/28) on my mailbox ..surpised..... because still my ap has LUD of 3/10/05 that we have sent a RFE blah blah....

no msg change or email about AP approval .....

It seems they have considered my response for NOID otherwise they should have denied my AP right?...

Gurus !!! what is your .02 cents????

Thanks
 
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