NOID after responding to H1b RFE

[kumar ram]

Hi, I was on F1 last year and got H1b approved in June'16 before completing my masters and it was with my experience of 8yrs . The F1 was changed to H1 status by Oct'16 and as the employer doesn't had a project, i changed employer and now i am on job. In the transfer process, i got RFE issued in Feb/Mar'17 asking for client details and latest W2 etc. After submitting the REF response, with all details, now i got NOID saying " your H1b will be denied as u r out to your home country on 11th Jun'16 and was inn on same F1 by sep'16 and the old employer revoked his petition in jan'17. What is that i can do now. Also see attached and please advise if my H1b is valid or will end up if the I-129 is denied.

[pontevecchio]

Since you did not get the visa stamp and/or did not work for the sponsor, you are not considered cap counted. hence you will need to have an employer reapply next year.