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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 07-23-2011, 10:56 PM
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GCMangataHai is infamous around these parts GCMangataHai is infamous around these parts GCMangataHai is infamous around these parts GCMangataHai is infamous around these parts
Default NOID after RFE response

Today I got NOID after two month of responding to RFE. Somehow just now I collected my self and started this posting. Here is my storey

1. I left My old employer almost a year ago, after 4 month of joing new employer on EAD I filed AC21 with the help of attorney.

2. Two month back I got simple RFE letter for USCIS asking for EVL after my old employer withdrew the I-140.

3. Immidiately responded to RFE with the help of attorney. My attorney and my old employer attorney are same.

4. Almost a week ago when my date became current also 60 day was passed after responding to RFE, I sent the mail to my attorney to know about my case status, they called USCIS and opned and SR.

5. Today I got a NOID ask for the EVL.

I just worried why they can be sending RFE and NOID for the same thing. Also what can I do , so that they do not deney may application. What r chang=ces of my sucess here. I am on the same or similar job what I was doing with my privious employer. Please anything will be of great help.
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  #2 (permalink)  
Old 07-24-2011, 05:43 PM
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Default

Quote:
Originally Posted by GCMangataHai View Post
Today I got NOID after two month of responding to RFE. Somehow just now I collected my self and started this posting. Here is my storey

1. I left My old employer almost a year ago, after 4 month of joing new employer on EAD I filed AC21 with the help of attorney.

2. Two month back I got simple RFE letter for USCIS asking for EVL after my old employer withdrew the I-140.

3. Immidiately responded to RFE with the help of attorney. My attorney and my old employer attorney are same.

4. Almost a week ago when my date became current also 60 day was passed after responding to RFE, I sent the mail to my attorney to know about my case status, they called USCIS and opned and SR.

5. Today I got a NOID ask for the EVL.

I just worried why they can be sending RFE and NOID for the same thing. Also what can I do , so that they do not deney may application. What r chang=ces of my sucess here. I am on the same or similar job what I was doing with my privious employer. Please anything will be of great help.
Seems to me the AC21 that you filed never reached your application. Also, most Attorneys simply suggest to file the AC21, which is not necessary at all.

Since your old employer withdrew your I-140, it automatically triggered the NOID of your I-485.

Was your I-140 approved and did you stay with your old employer for more than 180 days after filing I-485? If your answer is yes, then you dont have to worry. Per AC21, you are free to find any job, but the job title and duties or roles must be same or similar to the one mentioned in your Labor Certification.

Send the new EVL mentioning the job title and duties that matches whats on your Labor certificate. You should be good.

Please keep in mind, send only what is asked for...don't over burden with documentations. Just my 2 cents.

I am not an attorney. Consult your attorney.
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  #3 (permalink)  
Old 07-25-2011, 04:25 AM
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GCMangataHai is infamous around these parts GCMangataHai is infamous around these parts GCMangataHai is infamous around these parts GCMangataHai is infamous around these parts
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My worry is after RFE for EVL why did they send NOID for same EVL. Currently I am a Technical Architect and on Labour Certificate I am Sr. Programmer Analyst. I have same job duties as what is there in Labour Certificate. Probably my HR is going to issue the same the EVL what they did during first RFE. IS there somebody elese in same or similar situation and got green card approved.
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  #4 (permalink)  
Old 07-25-2011, 09:40 AM
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Quote:
Originally Posted by GCMangataHai View Post
My worry is after RFE for EVL why did they send NOID for same EVL. Currently I am a Technical Architect and on Labour Certificate I am Sr. Programmer Analyst. I have same job duties as what is there in Labour Certificate. Probably my HR is going to issue the same the EVL what they did during first RFE. IS there somebody elese in same or similar situation and got green card approved.
They might have not received your response to RFE.

Usually, if they are not satisfied with the RFE then the next activity from USCIS would be NOID. By the way what they are asking now in NOID?
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  #5 (permalink)  
Old 08-10-2011, 04:55 PM
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Default

Quote:
Originally Posted by GCMangataHai View Post
My worry is after RFE for EVL why did they send NOID for same EVL. Currently I am a Technical Architect and on Labour Certificate I am Sr. Programmer Analyst. I have same job duties as what is there in Labour Certificate. Probably my HR is going to issue the same the EVL what they did during first RFE. IS there somebody elese in same or similar situation and got green card approved.


Did you file the response for NOID ?
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  #6 (permalink)  
Old 08-10-2011, 08:42 PM
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Default just send the copies of old RFE response

I am sure sending an explanation letter about response to previous RFE and copies of it including fedex tracking would do the job.

I also got an RFE for EVL after I changed the job. But they never opened the AC21 docs and th e RFE went to the old employer. My attorney just wrote a letter explaining that AC21 was already sent so no EVL letter is necessary. RFE status went to 'response received...'. Got my GC recently.

Hope it makes you feel little comfortable.


Quote:
Originally Posted by GCMangataHai View Post
My worry is after RFE for EVL why did they send NOID for same EVL. Currently I am a Technical Architect and on Labour Certificate I am Sr. Programmer Analyst. I have same job duties as what is there in Labour Certificate. Probably my HR is going to issue the same the EVL what they did during first RFE. IS there somebody elese in same or similar situation and got green card approved.
__________________
PD: 12/28/2006
Catagory: EB2 (BS + 5 years)
I140 Approved: 11/07/2007(NSC)
485 Filed: 07/02/2007 (NSC) -- Approved on 07/12/2011
AC21: 05/2008
RFE : 03/2009 (EVL)
I485 Approved: 07/12/2011


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  #7 (permalink)  
Old 08-18-2011, 01:07 PM
ken ken is offline
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ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold
Default Did you file for MTR

GCMangataHai - Did you file for MTR ? What your lawyer is saying now as you have already sent the EVL along with your AC21.
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  #8 (permalink)  
Old 08-18-2011, 01:43 PM
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Default I think he got his Green card

Quote:
Originally Posted by ken View Post
GCMangataHai - Did you file for MTR ? What your lawyer is saying now as you have already sent the EVL along with your AC21.
As per other thread GCMangataHai got his Green Card couple of weeks ago
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  #9 (permalink)  
Old 08-18-2011, 01:58 PM
ken ken is offline
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ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold ken is a splendid one to behold
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Nice. Congratulation.
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  #10 (permalink)  
Old 08-23-2017, 03:45 PM
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I wonder how did he get his gc after only days/ weeks of receiving NOID. I asked because I am on the same boat as him but I'm not really sure if it's a denial or approval notice.
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