Received NOID - Need Feedback!

G

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
3. Was laid off in 6/01 (a month later after filing the 485)
4. Employer revoked the approved 140 immediately thereafter
5. Received revocation notice from CIS well past 180 days
6. 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Now CIS issued NOID, stating the reason that 140 was revoked.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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Contact Rajiv Khanna. They might know lot of loop holes.
Don't come to any conclusions. I saw a person who was denied 485 two times still reopened it and had it approved.
I think it is Longgc(User name.).
 
It is LongGC..Do a search on numerous posts from him and you can see what he did.

Goodluck...

Madhav
 
SRM and Mad Par -- longGC's case had grounds

Yes, I would also suggest that this person seeks legal advice immediately. However, I have to state that longGC's case was entirely different because he had sufficient grounds that did not warrant a denial -- i.e., his I-140 was revoked by his employer only after 180 days had elapsed. His denial was an artifact of the confusion that prevailed during his time regarding AC-21. Only after his denial was a memo issued by INS. That helped his case when he had filed a MTR and resulted in subsequent favorable adjudication.

In this case, this person doesn't seem to have prima facie grounds as his I-140 was revoked by his employer before 180 days had elapsed. However, I will still request that this person seeks legal advice immediately.
 
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.
 
dont give up

try contacting murthy. she did have a different take on this in the past. Give it a shot and hope for the best. Move on it fast
 
When did you know that your ex-employer revoked 140? If you knew it as soon as you got laid-off, what were you doing all these days without filing another 140?

SImple facts from your posting:
You have no approved 140 at present.
The one used for applying the 485 has been revoked within 180 days.

If I were you , I would have filed a new labor/140 as soon as moving to the other job after the layoff just as backup.

I am not sure whether there are any more loop holes that any attorney can try ...but give it a shot before it is too late...you already lost 3 years since filing the 485 to devise a strategy and be ready for NOID or RFE or what ever... this is not pessimistic opinion but you wasted 3 years which you could have used to get another 140 and be in a position to reply to NOID as last chance with another 140...

but hope for the best as you can not do much at this stage..than taking legal advice..
 
tombaan said:
try contacting murthy. she did have a different take on this in the past. Give it a shot and hope for the best. Move on it fast
Click to expand...
It was suggested from her firm that we could question the August memo in the court. Memo dated in August 2003 says BCIS can act any time as long as they receive the I-140 revocation before the 180 days.
Earlier standing of the BCIS was that BCIS has to act before 180 days. If they does not act then there is no problem irrespective of when did they received the revocation letter ,even it is before 180 days.
 
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guest04,

sorry for finding your case late.

You still have 2 months left on your visa, right? and if you want to stay in the country longer and may be get an approval for GC.

Do the following things:
1. Send a reply to USCIS explaining details ( this takes 2 months to get answer).
2. Put your LC (regular) filing at your state at the very earliest date possible. ( 1 week from now)
3. Most likely, USCIS would reject the case. Then file to Appeals court. (current wait - 12 months)
4. So by then, you would have 14 months on your new LC. Based on this fact alone, you can extend your H1 for 1 year, until eventually your case is approved.
[Remember, you can use your old LC's priority date for your new LC. So everything will go pretty fast.]

Hope this helps!
 
unitednations said:
I don't think 485 is appealable to AAO. USCIS will only open it up due to service error.

He has to go straight to circuit court.
Click to expand...
I am sorry guest04. 485 is not appealable, but you would be able fight a case. try to find copy of the memo that stated that the 180 days are counted from the day USCIS made the decision, and not when your employer had send the notice. Also, have a letter describing the intention of both parties at the time of I-1485 filing. Also, if there were any other circumstances or calimity, like 9-11 that have caused this action, you may still be eligible for AOS.

Find a good lawyer, and talk to him. But do it fast, you dont have enough time.
 
Tammy posted a nice link, http://www.murthy.com/news/UD140rev.html
The link at murthy web says '

"During several meetings, the INS has verbally confirmed that the 180 days for revocation is measured as of the time the INS acts on the revocation, rather than the date of the employer's request for revocation."


So He has chance and all he need a right attorney at right time.
We all encourage him not to give-up. try and try again.

Personaly believe if one door is closed God Opens many others. so all he has to keep try and find the way out.

I also encourage to keep this thread up and keep posting so if anyone could help him or give some good tip.


USCIS AC21 memo
http://uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf


Wish u very good luck
 
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