NOIR on original H1, while amendment in progress

[PD1984]

Scenario:

H1 cap approved 05/2014 thru company A... Authorized to work starting 10/2014.

Working since 10/2014 till date with same client at same location. As soon as i started working company A filed new LCA to match my client and location details.

In 08/2015 Company B acquired a big group of employees from company A. And company B filed an amendment to change employer in my H1 petition. This amendment is still in 'application received' status.

In 02/2016, uscis issued NOIR on my original H1 petition that was approved 05/2014. Now I have lost touch with company A and cant reach them, neither is company B able to contact them. We only now about NOIR because i checked amendment status online and happened to check the original petition #.

My questions:

1. Since company A cant be reached, can company B do anything to respond to Noir?

2. What happens to amendment if original H1 is revoked before amendment is picked up for processing?

3. Can i continue to work until uscis picks up and gives me a decision on amendment, even if my original h1 is revoked?

4. Can i transfer my H1 to a new employer?

[cap-gap]

this is one instance where the typical glorified clerk type attorney is not of any help...you need to call knowledgeable ones like murthy firm..

 

the general USCIS practice is that if an underlying petition is revoked, all relevant procedures such as your amendment becomes void too..

[permaudit]

just do premium processing on the amendment petition. 

[PD1984]

just do premium processing on the amendment petition. 

So if I convert the amendment to Premium wouldn't I get a RFE to wait for decision on the linked original petition?

[PD1984]

this is one instance where the typical glorified clerk type attorney is not of any help...you need to call knowledgeable ones like murthy firm..

 

the general USCIS practice is that if an underlying petition is revoked, all relevant procedures such as your amendment becomes void too..

I called Murthy but they are not able to help without knowledge of the NOIR reason, which the employer is not willing to share. Is there any other thing that you think Murthy can help with? 

[cap-gap]

ask Murthy firm if the revocation of current H1B impacts your status for last 18 months retrospectively..if not, that means you are in valid status and eligible for H1B "transfer"...that will allow your current employer B to file a new "transfer" petition by premium processing instead of just an amendment..