Initial H1b Reopened after two subsequent Approved Amendments


NotAnAttorney

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My h1b was approved under 2014 Cap with Company X and with Client A, while am in India until Sep 2017. Later Oct 2014 I moved to USA and started to work with company X but with Client B and filed for Amendment in Sep2015. Later I moved to Client C in Jan 2016 and filed amendment in Feb 2016. Both my amendments got approved in Dec 2016 until Sep 2017.

Later in May 2017, thru email notifications for status changes that I set up for my initial H1b, I got to know that status changed to Case was reopened.

Surprisingly same scenario happened with bunch of guys who got 2014 cap approved with Company X and Client A, who also moved to new clients and had approved amendments.

Attorney is yet to get detailed documents from USCIS. I am worried if this is going to turn out to be NOIR.

Please answer my below questions:

1. As my amendment is approved and valid until Sep 2017, am I in safe state even when USCIS sends NOIR on my initial H1B?

2. Will change in an employer at this point helps to get rid of any risk?

3. While this H1b case is in reopened status or NOIR status, can I transfer to new company?

Also as we don't have premium processing, please provide suggestions considering regular processing as the only available option.

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  • 1 month later...
  • 2 months later...

Just though of sharing an update, so that it will give some information for anyone in same situation:

1. I did receive ITR and the employer responded with supporting documents, yet to get decision from USCIS.

2. While H1b in ITR status, I did get a new job and moved to a new employer and this H1b got approved.

3. Waiting on the final decision from USCIS on ITR, hoping the case to be approved based on response sent to USCIS by old employer

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  • 6 months later...

Hello,

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 as my employer is not willing to reply to NOIR and not willing to provide me details of why there was NOIR.


1. Would my current H1-B with Company B get impacted? As It was counted as CAP Except petition based on my previous approval?

Could you please let me know.

Thank you.

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