Received NOIR on approved H1-B. Can I file for transfer now?

[ak_07]

Hello,

My H1-B application was picked in lottery in April 2018 and got it approved through company A. In Nov, 2018 there was a site visit and since I was travelling to client location and not present at LCA location during that time, the officer have sent a set of questionnaire for which my employer responded in Dec., 2018. Suddenly I got an update couple of days back on my cases status saying 'Intent to Revoke notice was sent'. The physical mail of the NOIR is yet to be received but I'm mostly guessing it might be because of site visit. Right now I would like to know what can be done as precaution steps to keep my H1 intact. I'm currently thinking of following options - 

1) Wait till the physical copy of NOIR is received and respond to USCIS accordingly - If in case the H1 is revoked what can I do stay in US? Does having a college admission along with approved change of status from H1 to F1 help? Also, not sure if H1 to F1 changing is possible. Please advise

2) File an amendment with LCA being at client location before receiving the NOIR copy - Will this somehow help to support the NOIR response?

3) Can a change of employer to company B be filed during NOIR? And if change of employer is approved, but response to NOIR is rejected will I still be in legal H1 since transfer is approved?

 

Also I'm uploading a picture with possible scenarios if followed above steps. Please suggest.

 

Thank you.

[LeaveMessageH1B]

Looks like you have too much time on hand...

1- COS to F1 takes time , needless to say admission and issuance of i-20 from legitimate university is not done within few weeks . (check timeline on USCIS website for COS)

2-can't play like this, USCIS already knows it. (when you visited client site...was it not listed on LCA ? - missing details here)

now ball is in attorney's court-  you stay out of it and let them do their job.

 

[ak_07]

17 hours ago, Leavemessageh1b said:

Looks like you have too much time on hand...

1- COS to F1 takes time , needless to say admission and issuance of i-20 from legitimate university is not done within few weeks . (check timeline on USCIS website for COS)

2-can't play like this, USCIS already knows it. (when you visited client site...was it not listed on LCA ? - missing details here)

now ball is in attorney's court-  you stay out of it and let them do their job.

 

Thanks for providing the information. For the comment on 2 - yes the client location was not listed in LCA.

Also, can you please suggest me on the option 3? Can I go that path?

[LeaveMessageH1B]

3 hours ago, ak_07 said:

client location was not listed in LCA

since employer/beneficiary did not disclosed the work location/s, it's most likely they will proceed with revocation (and it goes in your history)

3 hours ago, ak_07 said:

option 3

Not sure how soon your employer's attorney can push this paperwork, but in USCIS history your're already in violation of H1B rules/condition and they may or may not review your history before approving your transfer petition. 

It's a good time to get qualified attorney involved. 

[ak_07]

15 hours ago, Leavemessageh1b said:

Not sure how soon your employer's attorney can push this paperwork, but in USCIS history your're already in violation of H1B rules/condition and they may or may not review your history before approving your transfer petition. 

It's a good time to get qualified attorney involved. 

Thank you very much for the response. I will wait for the NOIR document and will get an qualified attorney.

[Mohan Vamsee Gunthati]

On 2/20/2019 at 10:11 AM, ak_07 said:

Thank you very much for the response. I will wait for the NOIR document and will get an qualified attorney.

Hi, what is your current situation. i am in same boat.