I-140 NOIR 6 years after approval

[pdave1]

My ex-GC filing employer has received NOIR for my approved I-140. It was approved in 2011. NOIR ask employer to produce many documents like  ability to pay, his company's tax returns of last 5 years, total I-140/I-129 filed by his company in last 5 years, continuation of job etc.  I have good terms with the company and they have assured me that they will response to NOIR.

I want to know what are my options if my I-140 is revoked eventually ?

My background:

- I started working with company A on H1B in 2008. Company A filed my GC and my I-140 approved in 2011.

- I left company A after approval of I-140 and joined Company B (H1 transfer)

- PD became current in 2012. I had good terms with company A so they helped me filing I-485. Received my EAD/AP. I travelled to India and came back using AP (So I lost my H1B status and my current status is Parolee)

- Working using my EAD with various employers since 2012. I haven't used AC21 option as I left my GC filing company (Company A) before filing of I-485

- Since my PD has never became current after 2012 (PD: June 2009, EB2-India), I renewed my EAD/AP  couple times without any problem.

- I received I-140 NOIR recently.

 

[pontevecchio]

You do not seem very surprised. I would ask you to get a Good Lawyer on your side.

[Attorney_15]

Get a good lawyer and plan for a worst case situation. If I140 is revoked, USCIS normally denies I485. If I485 denied and applicant is not maintaining H1B status, one normally becomes unlawfully present. 

[sreenaji]

Did your company(or Ex) respond the NOIR? Do you mind sharing what happened to your I140?