Received NOID - Need Feedback!

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guest04

Registered Users (C)
Hello Everyone,

Received a call this morning from my Attorney's office saying that they received an NOID in my case. The facts are as follows:

1. 485 RD 5/01; ND 8/01; FP 4/03
2. Note: Applied for 485 while still with the company
2. Was laid off in 6/01 (a month later after applying for 485)
3. Employer revoked the approved 140 immediately thereafter
4. Received revocation notice from CIS well past 180 days
5. Been receiving EADs
7. 6 yrs of H1B completed

Now CIS issued NOID, stating the reason that 140 was revoked. Since request to revoke was made prior to 180 days, even though INS acted on it after 180 days.

The letter asks whether another 140 petition by another employer has been filed on my behalf. In which case, my 485 may still be considered. I do not have another 140 filed on my behalf.

Seems hopeless, I am mentally preparing myself to leave the country in 2 months.

If forum members have any feedback, I would to like to hear them.

Thank You!
 
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guest04 said:
Hello Everyone,

Received a call this morning from my Attorney's office saying that they received an NOID in my case. The facts are as follows:

1. 485 RD 5/01; ND 8/01; FP 4/03
2. Note: Applied for 485 while still with the company
2. Was laid off in 6/01 (a month later after applying for 485)
3. Employer revoked the approved 140 immediately thereafter
4. Received revocation notice from INS well past 180 days
5. Been receiving EADs

Now INS issued NOID, stating the reason that 140 was revoked. Since request to revoke was made prior to 180 days, even though INS acted on it after 180 days. They are willing to consider 485 if I have another 140, which I don't.
------ USCIS is correct in sending notice of intention to deny the I-485 as your base for I-485 has gone, USCIS officals from H.Q has stated in past that I-140 Revocation will be considred from the date the USCIS recieved letter from employer to Revoke I-140 and NOT the date USCIS revokes I-140, when you knew it you could have filed new LC from new employer as back up if LC could have been approved and your new employer could have filed NEW I-140 they could have kept your I-485 on hold till your new I-140 was approved than you could have updated USCIS that pending I-485 should be approved besed on New I-140 by sending the copy of I-140 approval. That is called I-140 substitution with pending I-485
Seems hopeless, I am mentally preparing myself to leave the country in 2 months.

If forum members have any feedback, I would to like to hear them.
--- I think it is correct decision of USCIS
Thank You!
Click to expand...
 
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USCIS is correct and your case is not approvable, according to AC21 memo. But my questions are

1, If USCIS wants to deny your case then why they have send NOID? They could have denied just like that, instead of sending NOID, Getting response, Work on that and then finally denying the case.

2. It is not necessary that USCIS must issue NOID before denying a I-485 case.

3. What they have actually asked in the NIOD letter?

As per AC 21 memo , your chances are none. But as per AC21 law, (which does not say anything about I-140 petition) you still have a little chance.


Just my views, may not be correct.

naanshi.
 
naanshi said:
USCIS is correct and your case is not approvable, according to AC21 memo. But my questions are

1, If USCIS wants to deny your case then why they have send NOID? They could have denied just like that, instead of sending NOID, Getting response, Work on that and then finally denying the case.

2. It is not necessary that USCIS must issue NOID before denying a I-485 case.

3. What they have actually asked in the NIOD letter?

As per AC 21 memo , your chances are none. But as per AC21 law, (which does not say anything about I-140 petition) you still have a little chance.


Just my views, may not be correct.

naanshi.
Click to expand...

This August memo states that as long as BCIS receive the revocation letter within six months they can act any time. But earlier standing of the BCIS was they have to act before 180 days.

These are just memos. If you have time and money you can question that memo in the court.
 
guest04:

Sorry to hear your story

I am not sure from your posting ' They are willing to consider 485 if I have another 140, which I don't '. If you have anothey I-140 from some other sponser you should have filed your I-485 with that company already.

I guess they are willing to consider your I-485 even though your I-140 revoked before 180 days of your I-485 RD. Taking on positive end , If you can send them your current employment verification and explaining in about your situation they might consider your AOS and process it.

Contact a good attorney , i think there are lot of hopes on your case .. dont just loose this.. they are giving option for you to respond in time to consider..

I wish you all good luck..
 
I edited the original posting above so that all information related to the case can be obtained in one place.

I did the editing to clarify some questions posed by other users, and also based on the actual letter that I received.
 
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