USCIS NOIR on Approved I-140 and still working for the same employer and I-485 pending since 07/2007

[kpate12345]

Hi I recently got an NOIR on my Approved I-140 EB3 with a PD which is current. I got an RFE on my I-485 and recently submitted the response and waiting to get the I-485 approved. It has been 4 months since I submitted my I-485 RFE response and got a NOIR now on the current EB3 I-140.

I am still working for the company on H1B and getting paid from them. I also have EB2 I-140 approved from that company also. I do not know why is USCIS issuing NOIR now after 2 years of approval of that I-140.

Will it effect my PD? Can I use AC21 incase if I have to work with any other company? I have H1B with the sponsoring company and also has EAD and AP approved multiple times now.

The USCIS which is issuing NOIR on I-140 was approved after the ability to pay RFE so not sure what that NOIR will be.

Please advice if anyone has faced this situation or scenario before. I am really worried about this now.

Thanks a lot to everyone.

[kpate12345]

Hello Belle - Please provide your valuable suggestion for my above question. Thanks

[cap-gap]

ur I140 should've beeen "Approvable when filed"..any -ve rulings based on WH4s by other employees will gepopardize all other approved I140s theu ur employer, which will rule out ur AC21 too..

[kpate12345]

Cap-Gap - So you mean to say that my employer will have WH4 by other employees and that will create the issue? What is WH4? I searched online but could not get any links. Also, my I-140 has been approved almost 18 months now and I also have another I-140 approved with them as well. I have EAD and my I-485 has been pending since 07/2007 so can I not use AC21 and fight with the USCIS to tell them that I have no connections with what the employer is doing. I am a honest employee and working for the employer and once the I-140 is approved, then I can use AC21 to leave and join any other companies after 6 months of wait period. Also, USCIS issued RFE and took one year to approve that I-140 and now they are issuing NOIR. Please suggest. I have no idea on what the employers are doing.

[catx]

This may not be your case. However for stake of discussion, if an employer is found to have committed immigration fraud, then a PERM labor certification application they filed for an employee can be deemed fraudulent and revoked, and therefore a (previously approved) I-140 petition based on the now revoked PERM labor certification application can also be revoked, and this can extend to the I-485 adjustment of status, and even permanent residency (green card). The employer is the sponsor of the employment based immigration and while it is their fraud, unfortunately an "honest employee" is also a victim of this fraud.

A WH4 is the Department of Labor form for an employee on a H-1B visa to file a complaint against an employer for "committing a violation of provisions of the H-1B program".

[cap-gap]

did your NOIR say the reason?

sometimes they are issued erraneously too..overlooked RFE response etc.

[kpate12345]

Cap-gap, I am in touch with the company HR and they still have not received the NOIR. I am waiting for the same. My question is, there are many employees who have received GC from that same company and they have put an NOIR on my I-140 which is current now and at the very end stage. I have been working for that company for almost full 5 years now. If for some reason, my I-140 is revoked, can I use AC21 and capture the PD. I read in other forums and it states that if the company is involved in fraud or misrepresentation then it is not a employee's fault and beneficiary can fight to get the PD provided the I-485 has been pending for 6 months or more. My I-485 is pending for more than 5 years now. I have not done anything wrong and a very honest and genuine law abiding person.

Please provide any valuable suggestion that you may have. Thank you so much!!

[Belle]

If the I-140 is revoked for a cause, then two bad things happen 1) you no longer can use AC21 for I-140 portability and 2) you lose the PD to be used in any subsequent I-140s. You need to get the NOIR and address it.

[pending485help]

Have you received NOIR? Just want know the evidences they requested.

[kpate12345]

The NOIR was on Ability to Pay issue and Labor used was from the previous company which as been merge making it a successor and interest case. Company has submitted the documents to show the tax returns for the last 11 years and also successor and interest documents. I guess, my NOIR should be reaffirmed as my case is strong.

I will let you guys know once I hear back on my case. Keeping fingers crossed!!!!

Thanks

[pending485help]

Have you got decision since then? I am in same boat. Got it for ability to pay and replied in april but no reply as of now.

[kpate12345]

Hi All, My NOIR I-140 was revoked last week and also my I-485 was denied. I spoke to our company attorney and he said we have to wait till we get the denial notice. What are my options now? I still have on more I-140 EB2 which was approved in 04/2011 and I have one more I-485 pending with NSC. Will they deny that as well or they will keep that active? Please advice. 

 

I have already invoked AC21 now. Please advice. Thanks

[L2019]

Hi, Any update with your issue ? I have a similar situation......