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Ps1234

Received Notice of Intent to Revoke (NOIR) for approved I-129

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Hi,

My employer have received NOIR for an approved H1B petition which says LCA was not filed for all intended work locations.

chronological order of events happened:

Prior to filing H1B in 04/19, I was working with employer A at End Client location X.

04/19 - I have filed H1B with employer B for and In-house project at location Y. We have filed LCA for location Y and at the time of filing, intention was only to work at location Y starting from 10/2019 given the approval of the petition.

 

07/19 - H1B petition was approved with the employer B for location Y form 10/19.


09/19 - Due to personal reasons, I have requested my employer B that I cannot relocate at this time. So my employer B found the project and has filed LCA for same end client at location X (same client and same location which I was working at the time of filing). Employer B has also filed amendment for the location X.

 

01/20 - site visit happened at end client location X.

 

06/20 - My employer received NOIR. It says from the record of site visit, I have been working at end client location X since 2018 but my employer have not filed LCA for location X as a location of intent to work.


1) What are the chances of getting this NOIR approved?

2) What are the suggested steps should I take after submitting the NOIR?

3) What are the suggested documents that I can submit?

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You need to discuss this with an attorney. You should have atleast worked at location Y for few days, then you would have not run into this issue. 

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The answer would’ve been very simple if you didn’t leave the most important piece of information out. When did you switch to B’s payroll at X?

and you got this NOIR for B, not A right?

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I have switched to employer B’s payroll from Oct 1st 2019, the start date of my H1B.

And yes, I have got the NOIR for employer B. 
 

Let me know if any other information is need to analyze my case. Thanks.

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If the LCA and Amendment was filed in 9/19 and you didn’t start working on Bs payroll till 10/19, then there’s no issue at all. 
The site visit agent got confused or you didn’t tell him that you were working for A at site X, before 10/19.

it would be a simple response from your lawyer providing all these details and the NOIR should cancelled. 

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Thank you for the response. 
 

My attorney is drafting the details. Apart from that, do we need any proof of documents to be submitted?

 

Also, worst case scenario, if the result is negative, I heard there is no grace period and I’ll be out of status from the moment of decision as this is my initial petition .

 

After submitting the response, are there any steps that I can consider to protect my status?

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