Profile Flagged - NOIR not yet recieved

[BrvHrt]

Hi,

I came to USA in June 2011 with Employer A who filed by petition in In-House project.  I was on the bench for almost 5 months and things didn't work properly and moved to Employer B in March 2012.  I am still working with Employer B since then and have got my I-140 approved with Employer B.

I didn't have any issues while amendments (or) extensions (or) stamping. I have got my stamping and visa is valid until Nov 2021. Been to Canada for two days and while coming back to USA, i was sent for secondary screening at Port of Entry By CBP. Initially the officer mentioned that one of my past H1 petition has revoked by USCIS and cannot enter into USA but later she said, NO. Profile has been flagged but petition has not revoked yet, and the case officer didn't mention any notes on my profile regarding the flag. She gathered all the information from me since 2010 and allowed me to enter after 4 hours.

After I entered, I came to know that Employer A has been pleaded guilty  for misusing the H1B pettitions with inHouse projects after USCIS approached them.

I am not sure if they are revoking all the petitions filed (In-House Projects) by Employer A. Appreciate any support and guidance on the below:

1. How should i handle before USCIS issue NOIR? (Checked w/Attoorney and they suggested to wait until USCIS responds) ?
2. IF NOIR issued, where will  USCIS send the NOIR? As of now I see the petition status is approved on case status.
3. Can i appeal to NOIR even if i am not in USA?
4. If i dont appeal, what would be next steps?

Thanks !!!

[JoeF]

So, did you get paid on bench? If not, why didn't you file a complaint with DOL?

[gopalakrishnach]

Contact a lawyer...

[NotAnAttorney]

The important and critical thing here is that you cannot defend NOIR, it's the Employer A who needs to defend.

But your new employer can defend in case any of the petitions filed by Emp B gets RFE or NOIR for this reason.

I would suggest to contact an immigration attorney at Murthy or other firm of your choice and devise a strategy.

[NotAnAttorney]

Yes it's better to wait and watch. The trigger for action would be if any of your future petitions or past petitions get NOIR or RFE for this reason.