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vijnatarajan

USCIS Decision Email after RFE Response Review Email

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Hello Murthy,

Please help me here in getting an understanding. I filed my I485 under EB2 on March 2012 and I changed my employer after 180 days of 484 filing. I got an RFE stating my ex-employer has mailed USCIS stating he would like to revoke my I-140 and in that RFE letter USCIS mentioned that it is noticed that it's way past 180 days of 485 filing and hence asked for current EVL from new employer + Birth Certificate, which I responded back with both the requested documents and USCIS confirmed in an email on Dec 31 2012 stating that they received my response and my online status change from RFE to RFE Response Review. Today 1/9/13 I got the below email from USCIS and I'm bit confused. Please let me know what does it mean? Please respond back ASAP as I'm bit nervous. Your fast reply is much appreciated. Thanks!

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: SRC1290xxxxxx

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Decision

On January 9, 2013, the review of your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was completed, and a notice informing you of the USCIS' intended action was mailed. Please check our website at www.uscis.govfor further updates on your case, including when the notice is mailed. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.

During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check Processing Times.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

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Your decision has been made. You will get it in the mail. If it is a denial, you will most likely appeal, but I see no reason to worry right now.

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Did you check the case status online? From your name, I think you are from India and mostly your PD may not be prior to Sep 2004 and hence it should mostly be a denial notice. Please check ASAP

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I'm still waiting for the notice in mail. My PD is not current. USCIS have already asked for new EVL as they received the request from my previous employer to revoke my I-140. Also in that RFE they stated that USCIS did noticed that my 485 is well past 180 days after i change my employer. I did responded back with new EVL and BC which they confirmed that they did received it and all of a sudden I received this email which I do not understand the purpose. My new job is of same/similar Job Title as per AC 21 requirements and my new salary is also same

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I got a NOID letter as my ex-employer tried to revoke my 485. USCIS stated in the NOID letter that it's me the Applicant only has the rights to withdraw I-485 if it crosses the 180 days mark. I'm right now working on replying back with necessary documents to request USCIS to continue my I-485.

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That's weird they would say "decision". NOID is not a decision - your petition remains pending. Your employer can't withdraw your I-485 simply because they are not the petitioner (AC21 mark is actually not even involved here). Since you have already submitted an AC21 request, I am not sure what USCIS would need from you.

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