pijiang, xiao-bai-tu, 863120, 485 denied, MTR basis?

EB3, I-140 approved 2006. 486 filed in 2005

Changed employer in 2008, did not file AC21.

Former employer agreed to future employment when I left.

Company moved, some RFE sent to I140.

No response, I140 status changed from approved to notice returned as undeliverable. Update address, this may have serious consequence to your application.

I-140 revoked.

I-485 denied without NOID.

I did not notice I140 status change until after I-485 denied.

Dont know the RFE content yet, asked USCIS to resent. But have not received it.

Trying to file MTR. Consulted with two lawyers.

Lawyer one said: MTR based on NOID was not sent. Can not use PORTABILITY as argument, because PORTABILITY is not applicable if revocation of I140 is a result of withdrawal after 180 days. Besides, there is not petition anymore.


Lawyer two said: MTR based on case was approvable at the time of filing. NOID is not required when I485 denied as a result of I140 revocation.

I'd like to hear your opinion. Thanks.