Questions on Intent to deny ?

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nyte_crawler

Registered Users (C)
I just heard from the Senator's office that VSC has send an intent to deny notice on my case. My previous company filed for my GC and i dont have a working attorney on my case. Could some one please tell me what is the next course of action ? Any other similar cases ? Please ...
 
nyte_crawler said:
I just heard from the Senator's office that VSC has send an intent to deny notice on my case. My previous company filed for my GC and i dont have a working attorney on my case. Could some one please tell me what is the next course of action ? Any other similar cases ? Please ...
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Were you expecting NOID ? Any reason you could think off ?
 
nyte_crawler said:
I just heard from the Senator's office that VSC has send an intent to deny notice on my case. My previous company filed for my GC and i dont have a working attorney on my case. Could some one please tell me what is the next course of action ? Any other similar cases ? Please ...
Click to expand...

Sounds like you might need to file AC-21 assuming you qualify. I'm not sure about the logistics of this once a NOID has been generated. Did your previous company (the original sponsor) withdraw your I-140?

Sorry to hear about this by the way -- I updated the tracker with your NOID information (if this turns out to be wrong it will be with pleasure that I change things back...).

ETA
 
No. I did not submit AC21 nor they asked for any RFE. My online status still says "FP received " with an updated date of 11/17/04. But apparently senator's office was quick and they gave me this information. Hope it is wrong, but i can only hope. I did call up my attorney and emailed him to get back to me.
Question for the unfortunate ones, who went through this road ?
1) if NOID is received, how many days do we have to respond ?
2) What are the possible reasons for NOID ?

Experienced ones, please reply back.
 
nyte_crawler said:
2) What are the possible reasons for NOID ?
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No personal experience, but a definite reason for a NOID as far as I know is if the I-140 is withdrawn and you haven't filed AC-21.

ETA
 
Yeah i think thats what happened. Attorney returned back my message saying that they required additional evidence on my case and they send it back to previous company and they would have just said i dont work there anymore. Case closed, NOID.
 
Bump
I know iam in a panic mode right now. But some one can provide me a link or additional information regarding the NOID process or AC21 ?
 
The first thing to do would be to find a similar job at another company if you do not have one. You need to do that as soon as possible.
 
nyte_crawler said:
I have a job with the catch that iam working at a hourly rate. will that make a big deal.
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nyte_crawler:

I was in a similar situation before although mine was outright denial. I have some questions for you.

1) When did you change job?
2) What was your job function then and what it is now?
3) Is your I140 approved already?

Let me know. I think the reason why you will get a NOID is because you changed job. If you are eligible for AC21, you should be fine. Salary is not an issue in AC21 as long as it is within the LC amount. It can be higher. So long as your new job is the same job function as your LC you are ok. Make sure you have a copy of your LC job responsibilities so you know that it matches your new job.

Don't worry you should be fine.
 
nyte_crawler said:
No. I did not submit AC21 nor they asked for any RFE. My online status still says "FP received " with an updated date of 11/17/04. But apparently senator's office was quick and they gave me this information. Hope it is wrong, but i can only hope. I did call up my attorney and emailed him to get back to me.
Question for the unfortunate ones, who went through this road ?
1) if NOID is received, how many days do we have to respond ?
2) What are the possible reasons for NOID ?

Experienced ones, please reply back.
Click to expand...

You have 30 days to respond to an NoID. In my case they had overlooked the fact that I was on an H-1 issued by them and they were accusing me of being out of status for 180+ days and hence NoID. I just sent them a copy of my approved H-1. That was it.
 
nyte_crawler said:
I have a job with the catch that iam working at a hourly rate. will that make a big deal.
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Not that I am an expert on it, but I do not think hourly rate is an issue as long as you make more than $20K a year.
 
thanks maviska for coming back and answering the questions..
It is such a pain when i have to throw a dart and cannot find what my NOID was. Adding to my pain, my x-attorney did not even send me NOID which was issued on 11/17. Thank god, i have 2 more weeks to get this done with in 30 days. It is unbelievable that some attorney are so incompetent and they dont care about such a time-sensitive issue. I still have to wait until tommorow to get my NOID and see what they really want ...its gonna be a long night.. :mad:
 
thanks for the information. It is a little comfort to see who has been there done that, although it is unfortunate that it happens to people.
I did change my job (rather laid off) after 180 days of my 485, but my 140 was not approved then. But later it was approved before i got the next job (ie 2 months time) on april 04.
Job function is very much similar and i do the same crap, what ever i did with my previous company.
I believe salary is not a problem, because its more than double the LC salary.

Question : Do i need an attorney to go through this process, although the x-one is so incompetent, i dont know if i could trust him anymore. Cant believe he did not even contact me after he got the NOID for about 14 days.

But the most commendable part was the senator's office down here in pittsburgh. They took just 6 hours to return my case work status. When the girl told me about NOID and heard my shock, i cant believe she was courteous enough to say "Dont worry NOID is not bad, contact your attorney ASAP and call us if you need any more information" May be there are some good things even at the worst scenario

Thanks



acc918 said:
nyte_crawler:

I was in a similar situation before although mine was outright denial. I have some questions for you.

1) When did you change job?
2) What was your job function then and what it is now?
3) Is your I140 approved already?

Let me know. I think the reason why you will get a NOID is because you changed job. If you are eligible for AC21, you should be fine. Salary is not an issue in AC21 as long as it is within the LC amount. It can be higher. So long as your new job is the same job function as your LC you are ok. Make sure you have a copy of your LC job responsibilities so you know that it matches your new job.

Don't worry you should be fine.
Click to expand...
 
Last edited by a moderator:
nyte_crawler said:
Yes i have the original approved copy (I140)
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nyte_crawler:

Don't worry, you are safe based on what you mentioned on your last post. I think it is better to go thru the lawyer in answering you NOID. It will cost money but hey we already did spend a lot of money already since day one so why not spend a little more for this. NOID i think would be easy to answer, prepare the employment letter from your new employer, paystubs, job description, if your employer has brochures or any printed material that describes the operation of the company.

But first, if you have to try to et the NOID notice first. I too went to our local congressman's office and they knew way before my lawyer and before we rcvd the notice that our MTR was heard and approved. They have a contact person inside the INS office.

Goodluck!!
 
acc918 said:
nyte_crawler:
But first, if you have to try to et the NOID notice first. I too went to our local congressman's office and they knew way before my lawyer and before we rcvd the notice that our MTR was heard and approved. They have a contact person inside the INS office.
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My case is in Vermont, but I am in Dallas. Which congressman should I be contacting? The one in Dallas?:confused:

Thanks
 
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