A B
Sep 24, 2023
Intent To Revoke Notice on I-140
This community has been very helpful. I am learning new and helpful tips regarding immigration from this community.
I have a unique scenario which I guess very few people face during their immigration journey.
I came to U.S in F1 visa in 2016 and graduated in 2018. I started working with my current Employer since 2019 using my OPT EAD. And I was selected in the H1B Lottery (valid from 2022 to 2024).
I am still with my employer and planning to go for H1B stamping.
But, there is a pending GC petition (EB2 all chargeability) filled by different company for future employment. It was filled concurrently (I-140 premium, I-765, I-131, I-485) on 2021 based on my Master’s Degree when I was in OPT EAD (before H1B Lottery selection) and it has been pending for more than 2 years. Recently, USCIS sent a “Intent To Revoke Notice” on my already approved I-140 for which the sponsoring company and Lawyer responded the requested documents. And USCIS has received the documents with status change to “Response To USCIS’ Request For Evidence Was Received”.
With this on going petition, I am in a dilemma either to go for H1B stamping or not.
How long will it take for USCIS to reach the decision on my I-140? If it’s approved, will I-485 automatically get approved? Or, will I get medical RFE as it’s already more than 2 years?
Will the pending petition and Intent to Revoke status create any issue if I go for H1B Stamping? What should I be prepared for?
What should I do, wait for I-140 decision or go for H1B stamping?
Anyone with similar experience? Your insight will be very much appreciated.
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Artur DSep 25, 2023
why did USCIS issued NOIR?
A BSep 25, 2023
@A S , thanks for the feedback. Meanwhile my employer is going to initiate my PERM and I have requested my lawyer to port my priority date from my I-140. I think i will wait like 3-4 months and proceed afterwards
A BSep 25, 2023
@Artur D , NOIR was on the employer side, the didn’t disclose it on my multiple attempts. They have responded to USCIS and USCIS has acknowledged they received it. It’s a waiting game I suppose.
Artur DSep 26, 2023
I have heard about similar case but details were slightly different. Since the i140 and H1B are from different employers it shouldn't create an issue.
A BSep 26, 2023
@Artur D, Thank you for comforting response. I am very optimistic and expect to hear something from USCIS by Dec.
B RMar 19, 2024
Did you ever got a reply from USCIS? How long did it take after you submitted your response for NOIR? I am waiting since 4 months now, amd wanted to check.
Preeti dhawanMay 13, 2024
update?
Ahmed DreenyJul 20, 2024
@A B can you please update us on NOIR for I-40??
