Notice of Intent to Deny

T

titu

Registered Users (C)
As per the new AC21 memo, if I quit my job after I140 approval & I485 pending for more than 180 days &:

- if I choose not to inform BCIS about my new job &
- the sponsoring employer revokes I140

then where would BCIS send the NOID? Would it be my attorney?

How can I ensure that BCIS sends me the NOID & not the attorney as the attorney is working for the sponsoring employer & would in no way help me or inform me of the NOID.

Any thoughts/inputs/suggestions are appreciated.

titu
 
NIOD is basically a severe form of RFE - it is supposed to go to your attorney. According to BCIS, the attorney is supposed to protect your interests along with your employers so if s/he refuses to send you the NIOD, you can definitely get him/her blacklisted.

Anyway - to prevent such a measure you can hire another attorney of represent yourself. You will need to fill out the G28 form for that purpose.

this thread will have it :

http://www.immigrationportal.com/showthread.php?threadid=93273
 
thanks waytoolong but..........

....G28 is supposed to be filed with some petition. Since in my scenario I'm not going to file any petition with BCIS (not telling them about change of job) then how do I inform BCIS that my attorney has changed?

I understand that idealistically the attorney is supposed to protect my interests too along with the employer's, but I fear what if he doesn'e tell me about the NOID at all.

titu
 
You can send a G28 or a letter revoking the attroney's representation or both. It should take care of representation.
 
If the sponsoring company does not revoke I-140 and we do not inform INS about job change, how can BCIS issue NOID without an RFE.
The new Memo takes about issuing NOID, if an I-140 is revoked before or after 180 days.
Is there a very specific mention that one needs to inform BCIS about the job change ?
If we assume that the sponsoring employer can revoke their I-140 any time without the knowledge of the employee than it makes sense to inform BCIS on the safe side. And if I-140 is revoked you are sure to get a NOID.
I feel that the new Momo is still not clear about informing BCIS about job change if the I-140 is not revoked.
 
G28

Unfortunately, a G28 does not seem to solve the problem about BCIS changing the attorney on file.

I worked for company A who filed for 485 with Attorney1. I changed jobs after 180 days and informed BCIS thru Attorney 2. ( filed a G28 along with that letter) Meanwhile Company A revoked my I140 using Attorney 1. Since my file had Attorney 1 for the latest activity(namely the revocation of the I140) the I485 denial was sent to Attorney 1.

But thankfully, I had called BCIS and asked them to update my address. (had to do this two times since for some reason the person who took the first call did not update my address) Hence they CCed me the denial letter and I was able to act on it. So it is best to make sure that the address on record with BCIS is valid (if there is a change of address).

The whole process sucks. There are no guarantees.

As for PKSVS's query, it looks to me (and you guys can correct me if i am wrong) that if you change jobs and your employer does not revoke the I140 then nobody is wiser and you may even get your 485 approved without an RFE. I know of two cases like that.
 
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