Notice of Intent to Revoke (NOIR) on my I-140 petition (approved in Sep 2018).

majidyousuf

majidyousuf

New Member
Dear Sir

I am writing to you regarding my EB3 Unskilled case.

Recently, my employer’s lawyer received a Notice of Intent to Revoke (NOIR) on my I-140 petition (approved in Sep 2018).

My case is for EB3 Unskilled (Janitor Position).

The reason stated for the NOIR is the lack of submission of drug screening at the time of Labor Certification filing.

The lawyer told me not to worry as they are working on the response.

Honestly, I don't trust them and I am extremely concerned about my case.

Please suggest me your advice.

With best regards,
 
There's nothing you can do: the labor certification and I-140 belong to the employer, and they have the sole right and responsibility to respond to any RFE, NOID, NOIR, etc. related to these forms. The only thing you can do is bring up any concerns with them and hope that they will address them. If you simply don't trust this employer's lawyers, you should have picked an employer with more trustworthy lawyers to sponsor your green card.

(There is an exception to this rule, only in situations where you have an I-485 that has already been pending for at least 180 days).
 
My employer's lawyer have already responded to the NOIR(RFE) last week. And now I am waiting for the decision. The reason I am asking you is because I want to make sure I have a second plan ready incase things don't go positively. My i140 was approved in August 2018 and my i485 is pending since December 2018. And I am working with the employer since September 2019.
 
The special exception only applies in cases where the beneficiary has already ported the I-140/I-485 to a new employer prior to the NOIR being issued (Matter of V-S-G). In your case you are still with the same employer, so only the employer can respond, and if the I-140 ends up being revoked, only the employer will be allowed to file a motion to reopen or reconsider. The "second plan" would be to start looking for a new employer to start the PERM/I-140 process.
 
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