NOID Questions

V

Viswamohan

Registered Users (C)
I am using AC21 for the second time, due to layoffs. My I140 has been approved long time ago and I have changed employer well after 1 year of filing for I485.
I have the following questions.

1. If the INS issues NOID on my I-485, does the online message chages indicating this? or some times it will not change?

2. If the original employer revokes I-140, does the INS update the online message of my approved I140. I checked the online status of my approved I140, it still shows that it has been approved in 2002 and no further changes after that. So, if the employer revokes it, does this message change?

3. The NOID notice is sent only to the lawyer or they will send a copy to me also?

4. Can I send the response to the NOID directly? Just in case if I cannot get hold of my lawyer. ofcourse I will send all the documents whatever INS asks (EVL letter, paystubs etc).

5. Or, Can I hire a new lawyer at this stage to respond to the NOID? I mean can the lawyer directly takeover my case and send the response to my NOID with out actually transferring all my case from the previous lawyer? Because, this might take some time and I understand, the response time to a NOID is only a month.

I am asking all these questions just to be pro-active, things are going fine in my case and it might very well be approved. I appreciate any responses to my questions.

Thanks in advance.
 
Viswamohan said:
I am using AC21 for the second time, due to layoffs. My I140 has been approved long time ago and I have changed employer well after 1 year of filing for I485.
I have the following questions.

1. If the INS issues NOID on my I-485, does the online message chages indicating this? or some times it will not change?
---- online status will change and your lawyer who filed I-485 will also get NIOD
2. If the original employer revokes I-140, does the INS update the online message of my approved I140. I checked the online status of my approved I140, it still shows that it has been approved in 2002 and no further changes after that. So, if the employer revokes it, does this message change?
------- If the online status shows approved take the print out and keep it with you. Your employer cannot revoke the I-140 if it is approved AND I-485 pending more than 180 days
3. The NOID notice is sent only to the lawyer or they will send a copy to me also?
-lawyer
4. Can I send the response to the NOID directly? Just in case if I cannot get hold of my lawyer. ofcourse I will send all the documents whatever INS asks (EVL letter, paystubs etc).
---- yes you can send directly, you need the notice so that you know what they have asked
5. Or, Can I hire a new lawyer at this stage to respond to the NOID?
---YES, file G28 and let the new lawyer send G28 with your I-485 reciept copy that he represent you and if any NOID he will get it
I mean can the lawyer directly takeover my case and send the response to my NOID with out actually transferring all my case from the previous lawyer?
--- YES
Because, this might take some time and I understand, the response time to a NOID is only a month.

I am asking all these questions just to be pro-active, things are going fine in my case and it might very well be approved. I appreciate any responses to my questions.

Thanks in advance.
Click to expand...
 
2. If the original employer revokes I-140, does the INS update the online message of my approved I140. I checked the online status of my approved I140, it still shows that it has been approved in 2002 and no further changes after that. So, if the employer revokes it, does this message change?

[ ------- If the online status shows approved take the print out and keep it with you. Your employer cannot revoke the I-140 if it is approved AND I-485 pending more than 180 days ] <---- THIS IS WRONG

Sponsoring employer can request for revoke at any time ( before or after approval , not matter how many days ) USCIS will just do so and notify the attorney about the revokation of the I-140 and may issues NOID on the pending I-485 to show proof of employment in simlar category if your I-140 approved and passed 180 days from file date of I-485
 
ginnu said:
Your employer cannot revoke the I-140 if it is approved AND I-485 pending more than 180 days
Click to expand...

Ginnu, you know this is incorrect. An employer can always request revocation of an approved I-140, no matter how long the I-485 has been pending. The only significance of 180 days is that after 180 days, an NOID is issued instead of an outright denial of the I-485.
 
TheRealCanadian said:
Ginnu, you know this is incorrect. An employer can always request revocation of an approved I-140, no matter how long the I-485 has been pending. The only significance of 180 days is that after 180 days, an NOID is issued instead of an outright denial of the I-485.
Click to expand...
----------- Poster knows it that USCIS may send NOID his concern was if employer would be able to revoke his I-140. It is matter of language that I used and I mean to say that his I-140 will not be revoked by USCIS in his situation according to AC21 august memo if he finds same/ similar future job and submits evidence to USCIS. Thanks for correction.
 
Thankyou for the responses guys. I think I have not written some of my questions clearly. Here is what I am asking.

2. If the original employer revokes I-140, does the online message of my approved I-140 change indicating the revocation? that means if I enter my approve 140 EAC number and check the status, would that show the revocation status?

5. Can I hire a new lawyer to send the response to the NOID, or do I have to go through the old lawyer? My question is can the new lawyer send both the G-28 form and response to NOID togather at a time?

I again thankyou very much for reading and responding to my questions.
 
Viswamohan said:
If the original employer revokes I-140, does the online message of my approved I-140 change indicating the revocation? that means if I enter my approve 140 EAC number and check the status, would that show the revocation status?
Click to expand...

I have not heard anyone with a sponsor-revoked I-140 provide feedback, so I cannot say. My guess is that there would be some indication, either on the I-140 or the I-485 online status, but I cannot guarantee this.

My question is can the new lawyer send both the G-28 form and response to NOID togather at a time?
Click to expand...

Absolutely.
 
what would be the online status of 'approved' 140 if its revoked before
180 days of 485? is there anyway to check if 140 is revoked before
180 days of 485?
 
This is the case status of an I-140 revoked case. I do not know whose case but RD May-30-2002


On March 11, 2003, we mailed a notice acknowledging withdrawal of this application. This withdrawal completes all action on this application. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.
Click to expand...
 
fast_gc_seeker said:
Here is a thread posted by Ginnu which says "online message will not
necessarily change once 140 is revoked.." I agree with Ginnu.

http://boards.immigration.com/showthread.php?t=146233
Click to expand...

It does not necessarily change. In majority cases it will not change. But there are some cases where it is changed. USCIS works in mysterious way.

Until recently I was of the notion that transferred case status never changes. But in one of my friend case we came to know they will issue the different receipt numbers after the approval. Card ordered and card sent message appeared on that new receipt numbers.
 
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