Will I receive a NOID?

[John78696]

I am on AOS and also on H1-B. My company recently laid off employees and said that they will revoke my H1-B. I was allowed to contact company's immigration attorney to take over the green card process.

Will revoking my H1B result in USCIS issuing a NOID as they come to know that I lost the job.

How will USCIS know that I am continuing / moved / no more with the sponsoring company?

Thanks in advance.

 

[Jackolantern]

If they only cancel the H1B but leave the I-140 alive, if you get anything from USCIS as a result of that it should be an RFE, not an NOID.

However, if they revoke the I-140 you will almost surely get an NOID.

In either case, you'll need to reply to the RFE or NOID with evidence of having an AC-21 compliant job or job offer, unless the RFE/NOID is something unrelated to your employment situation (e.g. suppose they need to see more pages from your passport).

 

[John78696]

Thanks,Jackolantern.
My attorney said that they will not revoke the I-140.
Does the compnay has an obligation to revoke my H1-B??

How certain are you that I will get a RFE??
I am worried since I do not have a job offer yet.
How soon should I get a new job??

 

[Jackolantern]

Thanks,Jackolantern.
My attorney said that they will not revoke the I-140.
Does the compnay has an obligation to revoke my H1-B??

They are required to revoke the H1B, although many companies either forget to revoke it or take a long time to revoke it.

How certain are you that I will get a RFE??

You might not get anything. I said *if* the I-140 is still alive and you get something from USCIS, should be an RFE, not an NOID. H1B revocation is not grounds for AOS denial, so you won't get an NOID for that. You just might get an RFE if the H1B revocation gives somebody at USCIS the idea to inquire about your employment situation.

I am worried since I do not have a job offer yet.
How soon should I get a new job??

Before the deadline to respond to the RFE or NOID, if/when you get an RFE/NOID.

 

[lprkhoj]

Does the compnay has an obligation to revoke my H1-B??

Yes

How certain are you that I will get a RFE??
I am worried since I do not have a job offer yet.
How soon should I get a new job??

H1B revocation does not automaticaly trigger I140 review within USCIS. So, its not necessary that you'd get an RFE. It all depends upon how early does your AOS file get looked at after H1B revocation and which also depends upon where you are in AOS phase like whether PD is current or if Fingerprinting is due or whether EAD or AP is requested for. So while its important that you get a job asap, dont get bothered about RFE since that's beyond your control.

All the best!