NOID on I-485. EB2 I-140 approved but PD is not current. EB3 I-140 revoked by USCIS

[kpate12345]

Hi All, 

 

I got a NOID on my I-485 from USCIS. I have EB3 I-140 which was having a current PD revoked by USCIS. USCIS issued a NOIR on that I-140 and revoked the I-140. Company submitted all the required documents and still USCIS revoked the I-140. I still have EB2 I-140 approved but since the I-140 is not having the current PD, USCIS is issuing a NOID on I-485. 

 

What are my chances to get the I-485 NOID successfull if I file the response? Will they consider my EB2 I-140 which has a PD which is not current but the current EB3 I-140 has been revoked which was current? 

 

Please advice what will be my option to make my I-485 NOID successful. 

 

Has anyone gone through that type of case? Let me know.

 

Thank you all.

[cap-gap]

so basically you are trying to use a PD of 140 which has been revoked for cause?

 

what is the response that can convince to keep the 485 open when the underlying 140 is revoked....not possible..

[Belle]

For I-485 to remain pending, the PD must be current at the time the I-485 was filed (!) in the category it was filed at. If not, then I-485 willbe denied. Or you can withdraw it.

[murthybabu]

can you share the reason for 140 revocation?

[kpate12345]

so basically you are trying to use a PD of 140 which has been revoked for cause?

 

what is the response that can convince to keep the 485 open when the underlying 140 is revoked....not possible..

Cap-Gap, 

 

My I-140 was revoked by USCIS for a cause but for that company is going to file an appeal. They have incorrectly denied it but if the I-140 was approved and current when I-485 was filed then after that if they revoke the I-140 then I still have another EB2 I-140 for which they can link the I-485. They just have to think that PD dates got retrogressed after the I-485 got filed. Its the same scenario, anyone can file I-485 when the PD is current and in the next month if the PD retrogress then I-485 will be kept pending. 

 

Let me know if this sceanior is valid. Thanks!1

[kpate12345]

For I-485 to remain pending, the PD must be current at the time the I-485 was filed (!) in the category it was filed at. If not, then I-485 willbe denied. Or you can withdraw it.

Belle, My PD was current when I-485 was filed. I had two I-140s EB3 and EB2 and EB3 was current and now if USCIS revokes the EB3 I-140 then I still have the EB2 I-140 and I guess, the scenario of date retrogress can be applied here and keep the NOID I-485 pending. I also sent interfile letter when I-485 was filed and I-485 has been pending for a long time now. I also sent the AC21 letter as well. 

 

Please advice if this will work or not. Thanks!!

[cap-gap]

if 140 was revoked for cause, you can not port PD or interfile 485s which are all based on that previous 140...CIS is pretty clear on it..

 

if you appeal 140 then it may stall that noid on 485 tempm but still u cant file new 485 based on a PD that is not current..

[kpate12345]

if 140 was revoked for cause, you can not port PD or interfile 485s which are all based on that previous 140...CIS is pretty clear on it..

 

if you appeal 140 then it may stall that noid on 485 tempm but still u cant file new 485 based on a PD that is not current..

Cap-gap, So you are saying that if I file a appeal to that I-140 then they will be able to keep the I-485 pending untill the appeal result is notified correct? Can I file EAD and AP while the I-140 appeal and I-485 is still pending? Please advice. Thanks!!

[Belle]

Cap-gap, So you are saying that if I file a appeal to that I-140 then they will be able to keep the I-485 pending untill the appeal result is notified correct? Can I file EAD and AP while the I-140 appeal and I-485 is still pending? Please advice. Thanks!!

 

If you file the appeal on I-140 and your I-485 remains pending, then you may get a new EAD/AP.

 

You really need to have a good lawyer take a look at your case and come up with some ideas. You are not going to find a lot of good answers on a public forum.