NOID requesting AC21

anandIndia

Registered Users (C)
I changed my job last year and did not apply for AC21 thinking it will delay my GC process. I completed a year after filing I485 before changing job and my I140 was approved. My previous employer has revoked my I140 in sep2004. Last week I received a letter from DHS saying they are intenting to deny my case as there is no I140 attached to it. They have asked me to sent in a letter requesting AC21 and Employment verification letter.

Currently I'm working on same kind of job as the labor. Problem now is my employer is giving a letter stating my position, salary and duration of employment and about future. He is not willing to put the job description/duties saying this is against their company policy. In their letter they are stating that as company policy they will not disclose the roles, resposiblities and performance.

I know this is a weird situation. Can I submit the employment letter without detail job description.

Thanks in advance,
anand
I140 Approved on Oct2003
I485 filled on May 2003
finger printing on May2004
 
Hi

My case is exactly similiar to yours. I also changed Jobs after 8 months of pending I485 and I140 already approved. my old employer revoked my I140 IN JULY 2004 and i filed AC21 in AUG 2004. Ever since then i saw LUD changes on my I140 twice and once on my I485. So far i have not got NOID on my I485.

I kindly request u to let me know whether there was any LUD change on ur I140 after it was approved. Because this will tell me exactly what pattern they are following once the I140 is revoked after it has been approved
 
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Actually I've not sent the papers yet. My company is refusing to put the job description in the employment verification letter. They are saying it is not needed. My lawyer says its a must. So I'm caught up between these 2 people.

Actually my current job duties and the one in the labor are exactly same. I don't understand why my new company is caught up in this.

I've 2 more weeks to file. I've currently got all the paper work but for this employment letter(I've a letter in my company format which my lawyer says is waster).

Any advise???

Anand
 
Does the letter shows intent to continue employment ?

Do you know what about the DOT description that comes up against your job title ? Do you know the DOT code ?
 
I guess a letter showing the job title with matching salary description and intent to continue employement with the company after the approval of the petition would suffice your NOID and you can ask them to write a separate letter why they dont want to disclose your duties to USCIS.

I guess if Govt. asking for it , they have to under any circumstances.
 
kvpt_mm said:
I guess a letter showing the job title with matching salary description and intent to continue employement with the company after the approval of the petition would suffice your NOID
agree
 
Talk to your manager again and ask if he could put something like " job duties include, but not limited to..." .
I had a similar situation and at first the company refused to put down the 'responsibilities' in the letter. As long as you make the letter a bit vague to put your employer at ease, it should be fine.
 
Thank you all for the reply.

My client has given me description of my duties saying i'm subcontracted to them through my company as a full time employee and they have listed the duties. And I'm planning to attach a job posting of my company along with the reply. Hope that will solve the problem.

I hope DHS doesn't outrightly deny based on the reply.


Thanks again!!!
 
re:

can u please tell me how u came to know u got a intent to deny .i mean did it go to ur previous employer or did they send it to you.
regarding ur case. i would say u will get approved soon .hope that u also send a copy of ur approval notice of i140.
 
My I485(May2003) was pending for a long time. I made an inquiry on that. I think, that initiated the NOID. So DHS sent a NOID saying my I140 was revoked last year.
 
Has anyone got the I485 approved after NOID on AC21 reasons. If so please share the time taken for approval after the reply of NOID.

Thanks,
Anand
 
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