NOID on 1-140 after AC-21 filed


sachin81_agar

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EB2, PD June 2007, concurrent filing

 

Previous employer, out of anger, revoked I-140 in 2012. My I-140 was approved in June 2007.

Revocation notice received by myself on I-140, but no reason given by USCSI. After talking to previous companies lawyer, found out what happened - i.e employer withdrew petition.

 

NOID on I-485 received during I-485 interview in Oct 2014.

 

Current lawer filed a response.

 

Questions :

 

1. My i-140 was approved back in 2007, and i had filed AC-21 everytime i changed my employer. Still , my origional I-140 was revoked by my previous employer, without any reason. Is that legal from USCIS part ?

2. What are chances my current I-485 will not be denied after NOID ?

3. We filed NOID response, but then the EB2/India PD retrogessed to 2005. Does that mean that my case with not be adjudicated till the PDs are current ? Are responses to NOID take same processing time as PDs of I-485 ?

4. If my I-485 gets denied, do i still have some time to appeal and/or apply for H1B ?

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1. Employer has the right to request for revocation of I-140 and USCIS just honored the request.

2. With a revoked I-140 your I-485 will not be adjudicated.

3. With out an approved I-140 you cannot file an I485.

4. With out an approved I-140 you are not eligible for H1B extensions.

 

I would suggest you to talk to a very good attorney.

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1. I-140 can be revoked at anytime

2. What was the reason for NOID. If it was relating  to I-140 if you have properly filed AC-21, i.e 140 being active at that time and 180 days of pending 485, you are good. Unless the I-140 was revoked/with drawn for fraud or mis representation, you are good.

3. That is correct you cannot get GC unless dates are current. You might however get response from USCIS on what action they have taken on the response to the NOID

4. If you are on EAD/AP, you would have to exit the country .

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