Original Petition NOIR - Transferred to new company


aeyarr

Recommended Posts

My original petition was filed and approved in June 2014 for Company A, Client C. The consulate sent it back to USCIS for review. I contact Murthy Law Firm at that point , and we used the fact that I was cap exempt to fine a new petition in February 2015 from the same company A for the same client C, which was approved in March 2015. I was able to get the visa stamped at the consulate. 

I moved to the US in May 2015 and then changed jobs, where I moved to Company B. The company B filed for a petition in October 2015, which was approved and stamped in August 2016.

During this time, the original petition filed April 2014 continued to be under review.

I received a notification of NOIR on the original petition yesterday, and am trying to get Company A to provide me with a copy of the same. 

Given that Company C has filed and has a H1 approved, which has also been stamped at the consulate, does the NOIR on the original petition impact me now?

Thanks and regards, 

Link to comment

Hi buddy I am also in same situation. 

My petition got approved from Company A but during stamping I got 221g and my case  has been sent to USCIS for review.

Am I eligible for cap exempt so that I can try for H1 transfer from another employer.

Also if original petition gets denied will that have any impact on new petition.

please let me know if you get answers to my question 

Link to comment

Shravan, 

In 2014, Sheela Murthy advised me that I was cap exempt, as the original petition was approved and not revoked yet. The second and third petition went through fine. Now the NOIR on the first petition brings the risk that I was not cap exempt for any of the subsequent petitions.

I do think that for the moment you are cap exempt, but the risk you carry is that if USCIS decides to revoke the original petition, then you were not cap exempt. 

I would say that you should talk to the attorneys and see what your best option is going to be. 

Link to comment
  • 1 year later...

Archived

This topic is now archived and is closed to further replies.