NOID

I-485 NOID Successful Case: Overcoming Challenges of Unauthorized Employment

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Our client, holding an H1B visa status, faced a significant challenge with a pending I-485 application. He received a Notice of Intent to Deny (NOID) due to unauthorized employment when he applied for OPT. During this period, he was associated with AZ Technology LLC and had submitted a resume indicating his employment with them. USCIS suspected fraud and misrepresentation in this case and also hinted at the potential revocation of his approved I-140.

The client was partially at fault, as he remained with AZ Technology LLC for some time after discovering the company’s fraudulent activities. This added complexity to the case, as he did not immediately leave the employer due to the lack of an alternative job.

Despite these challenges, we developed a strategic legal response to the NOID. Our approach successfully addressed USCIS’s concerns, leading to the approval of the I-485 application.

If you are facing a similar situation and need assistance, please contact us at 305-515-0613 or info@messersmithlaw.com. We’re here to help.

Notice of Intent to Revoke H1B Visa

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Hi, I was previously your client. You got my first H1B approved and then I had another firm apply for my current H1B. I recently got a notice of intent to revoke my H1B and I’m started to freak out! I last entered on an H1B that expires in a month and my I94 is now expired. Can you fix this for me?

Yes, we can absolutely help you. We can respond to the NOID with USCIS and take you to CBP and have them issue a new I94 for you. While there will be risks involved, I feel we have a very good chance of getting you through this.

NOID for Marriage Green Card

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I received an Notice of Intention to Deny for my marriage green card case. The main reason is that we live apart. The officer wants to see more proof of our relationship. We have photos and phone bill to prove that we’re contacting each other and spend time together. Do you think that it’s sufficient? What is your advice on this? Have you handled such case before?

In order to get a marriage green card case approved, you must be able to show that there is a bona fide relationship. One of the primary aspects of a marital relationship is cohabitation. While we have successfully helped people in your situation before, it may not be easy depending on your circumstances. Contact our office to discuss your case in greater detail.

Notice of Intent to Deny (NOID) Received in an EB1 Extraordinary Ability Petition

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Thank you for providing this service. I have filed an EB1 application through another law firm and have received a notice of intent to deny NOID. I have about 40 publications, 200 citations and 15 patents and review manuscripts for 5 international journals. I thought I had a good case but now I am not so sure. Is it possible to change their opinion of me and get my green card approved?

First, let me state that USCIS is making all types of applications more difficult. That being said, there is no reason why your EB1 case should be denied. Your stated qualifications are greater than the majority of our EB1 clients and we can very likely get your case quickly approved. There are many reasons that could explain why you received a NOID. It could be that your qualifications were not presented well to the USCIS officer. It could be that your recommendation letters were poorly written or not from appropriate persons. It could also be that the USCIS officer made an error and/or is not familiar with the regulations or law. You should be aware that the USCIS allows 30 days to respond to a NOID, so you will have to act quickly to have your response filed. If you would like our assistance, please contact my office as soon as possible to avoid missing your response deadline.

Texas Service Center Operations

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In a recent question and answer session, the Texas Service Center (TSC) has made some revelations regarding how they process certain immigrant and nonimmigrant petitions.

  • Motion to Reopen; Motion to Reconsider; Appeals

When filing a motion to reopen or reconsider, the officer who originally made the decision to deny the underlying case will decide the motion.  If the offier decides to deny the motion, the decision will be reviewed by a supervisor.  Where an appeal is made, the TSC will not reopen or reconsider where the Service believes it made a correct decision but will forward the appeal to the AAO.

  • Petition Denials without RFE or NOID

When an officer decides to deny a petition without sending a request for evidence or notice of intent to deny, that offier’s decision must reviewed by two supervisors before the denial notice will be issued.

  • Notice to Appear Issuance upon I-485 Denial

Generally, the TSC will wait 30 days after issuing an I-485 denial before dispatching a notice to appear (NTA).  This 30 day period provides the Applicant with an opportunity to appeal the denial before being sent to removal proceedings.