NOID received - Opinions please!

E

eadwoes

Registered Users (C)
Hi:

My I-140 has been approved for over a year. My I-485 has been filed and pending for over a year. I changed my jobs well after 180 days of pending 485. I spoke to my attorney at that time and they said I am in the clear.

My attorney gave me the option of filing AC21. But they said that even if I do, I am going to get an RFE so the other way for me would be to wait for an RFE and submit the job change information then. I chose the latter.

Now I get an email from my lawyer informing me that they have an Notice Of Intent to Deny for my case because my previous employer has revoked my I-140. USCIS is asking for the new job title, job description, company's financial records etc. All within 30 days and to top it off, the attorney received it last month end.

Information asked is not too difficult to arrange (a couple of days at best or a week at worst) but it is killing me to know that they sat on the NOID for so long without bothering to inform me. When I spoke to them they said we were going to contact you and it is no biggie just a routine NOID and there is nothing to worry about.

The case status has not changed. Is it supposed to? Also am I supposed to receive the NOID? Should I ask my lawyer for a copy?

Your advice, opinions, comments, war-stories are welcome.
 
I am not a lawer but I think you should be ok as long as you can produce all the docs required. There is no reason to worry - just give the paperwork asap and make sure your lazy attorney sends those to USCIS immediately. Ask for proof of their sending these docs to USCIS - like fedex receipt, USPS receipt etc. After about couple of weeks of sending these docs to USCIS, follow up with them to find out if they received them.
 
I am in a similar situation

I am in a similar situation. I changed my job after more than 365 days of filing I-1485 and my I-140 had been approved more than 250 days. My project was coming to an end so I changed the employer. After about 3 months of job change, online status of approved I-140 changed to RFE. This RFE Was generated because my previous employer revoked the I-140. The lawyer sent the reply of RFE as well as sent the papers for AC21 in the same package. I have not yet receievd the NOID. The online status has not been changed since the last 2 months of receiving the Response for RFE.

Can INS revoke the I-140 if the previous employer withdraws it? Has anyone got NOID and got approved after that.

Thanks
il_labor
 
IL_LABOR said:
Can INS revoke the I-140 if the previous employer withdraws it? Has anyone got NOID and got approved after that.
il_labor
Click to expand...

Many people on this board have confirmed that they were approved after NOID. If your previous employer revokes the 140 but you provide all the documents to prove that you have "same or similar" job as mentioned in your LC, you should be OK.
 
The thing that is bugging me is that the lawyer did not bother contacting me for 11-12 days when I only have 30 days to respond. Yesterday, when I asked them when they had recieved the notice, I was told last month-end. That could mean July 31 or July 25. When I asked them for faxing me a copy of the notice today, the lady said that she may not be able to do it today.

I am hoping it is just plain incompetence and there is no conspiracy and my lawyer is not working against me. Because if that is the case, I am not sure what I will need to do.

I went against everyone's advice on filing the AC21 [proactivley] and I went against everyone's advice on changing the lawyer [employer's]. I am not sure if I made the right decision on both counts. Nothing says I made the wrong choice, but I don't know if it was the right choice.

Sorry, I am rambling :-(
 
IL_Labor ,

Could you please update me when you hear the result of your response to NOID? You can send me a PM. That way, I will know how long to wait before I hear from USCIS. Thanks.
 
Do It Immediately

eadwoes said:
Hi:

My I-140 has been approved for over a year. My I-485 has been filed and pending for over a year. I changed my jobs well after 180 days of pending 485. I spoke to my attorney at that time and they said I am in the clear.

My attorney gave me the option of filing AC21. But they said that even if I do, I am going to get an RFE so the other way for me would be to wait for an RFE and submit the job change information then. I chose the latter.

Now I get an email from my lawyer informing me that they have an Notice Of Intent to Deny for my case because my previous employer has revoked my I-140. USCIS is asking for the new job title, job description, company's financial records etc. All within 30 days and to top it off, the attorney received it last month end.

Information asked is not too difficult to arrange (a couple of days at best or a week at worst) but it is killing me to know that they sat on the NOID for so long without bothering to inform me. When I spoke to them they said we were going to contact you and it is no biggie just a routine NOID and there is nothing to worry about.

The case status has not changed. Is it supposed to? Also am I supposed to receive the NOID? Should I ask my lawyer for a copy?

Your advice, opinions, comments, war-stories are welcome.
Click to expand...

I would suggest you the following:
a) prepare everything as mentioned in NOID letter and read carefully.
b) FEDEX BY YOURSELF-- so that atleast you will be rest assured.

YOU WILL BE FINE.....
GOOD LUCK
Kandy
 
No Need to worry.

Dont worry much about the Attorney. Some people dont take things seriously.

I did receive a NOID from the USCIS and responded with in a week with the requested documents ( same as yours ) and waiting for their response.

No need to worry , just send the documents within 30 days and you should be OK.

By the way, Did you ask your old employer whether really revoked your approved I-140 or not ? You are exactly facing the same situation as me and anxious lady faced before.

Good Luck
 
Thanks for the responses. I got the fax of the NOID and the date on it was older than the lawyer's office had originally told me. So I got very upset and called up the lawyer. However, he was nice and calmly told me not to worry at all. He said we have not missed the deadline and he handles two-three such cases a month. He said that my case is strong and nothing bad will happen.

Also on the NOID itself USCIS has mentioned that AC21 allows me to switch employment and they would still process my case provided I give them 2 things. First is my intent to carry on with my application. Second is my employment status and my current employer's ability to pay etc.

Now I feel pretty good about it. Got an email from USCIS online case status today saying that they have received my response to the RFE (it was an NOID, in fact) and they would take shorter than the 1.5 years mentioned because the preliminary processing is already complete. Hopefully, it will be much shorter now :-)

Thanks all.
 
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