H1-B NOIR after transfer to a new employer

Arun9586

By Arun9586,
in H1B : General

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Arun9586 Newbie

Arun9586

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Employer X filed my H1b last year and it was approved after RFE in Aug 2016. I worked for them on H1b from Oct 1 till Dec 20th of 2016. I resigned and joined a new employer Y from Jan 3 2017 onwards. My H1b transfer was approved (premium) without any issues. 

Yesterday, I recieved a notification from USCIS stating an intent to revoke my old H1b tied to employer X.

My new employer Y is saying it should impact my current visa and I don't have to take any action.

My worry here is what if my old employer fails to respond to NOIR and my old H1B gets revoked. Will this impact my current H1B.

 

Mine is a unique case and I am not able to find a solution. Please help guys!

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inquest Advanced Member

inquest

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I am not sure what's unique in your case. As soon as you quit a company, it will update USCIS and they will revoke your H1B petition. Your visa from previous company will be still valid and when you travel out of country, you need to get visa stamped using your new company's I797 or if you have the visa for a longer period you can show new I797 at port of entry and get I94 end date based on new I797.

 

do you know if USCIS initiated the process to revoke rather than your employer? If yes, you might have to find the reason. Anyways I don't think it will impact your current visa and I94. Keep checking your online I94 to see if the end date gets changed or something.

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JoeF Advanced Member

JoeF

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On 03/09/2017 at 5:07 PM, Arun9586 said:

I am still waiting to know the reason. USCIS is intending to revoke it and not my old employer.

My current employer's immigration lawyer is saying it will have no impact on my current visa and status. But I am still confused

You are confused.

An employer can't revoke an H1. All the employer has to do if you are no longer working there is inform USCIS of that fact. USCIS will then revoke the H1. That's how it works.

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Arun9586 Newbie

Arun9586

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My old employer received the notice.. the reason was a site visit. This had happened on Nov 29, 2016 while I was working at the new office location. The USCIS officer had visited the old address on LCA... we didn't file a LCA amendment since the new address was within the same Zipcode... 

My old employer & old attorney is willing to file a response explaining the reason. Should my old employer file a withdraw along this ?

 

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Karteekdavid Member

Karteekdavid

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I've been on H-1B with company A and I've moved to Company B and currently working with Company B. I have an approved H-1B petition from Company B, with a valid I-94 and I also got my visa stamped with Company B's petition. There was a Notice Of Intent to Revoke issued on Company A's petition much later after I've moved to company B. I'm assuming there was site visit to Company A, as I was not working at Company A and they didn't withdraw my petition from USCIS this notice was sent. USCIS hasn't denied or revoked my petition from Company A yet, it's still in NOIR state since past 8 months. 
1. If in case Company A's petition would get revoked, would it impact my Company B's petition?
2. What might happen after Company A's petition gets revoked? 
3. Would my current H1-B with Company B get impacted? As It was counted as CAP Except petition based on my previous approval. 

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