NOIR on Past project

[syed_ahmed]

Current Situation: I797 approved until 06/14/2023. H1B Stamping  done (06/14/2023). in January 2021.Currently in India since stamping due to perosnal reasons and also travel restrictions

Circling back my situation

I was working on H1-B(I-797)  status and it Expired on 06/15/2020, (I -94 Expiry: 06/25/2020).My employer  already filed for my H1B-EXTENSION(Both Client location and employer location) and received receipt notice dated 06/03/2020.Unfortunately, Due to Covid economic crisis my project ended on 06/18/2020 and employer pulled me into in-house project and  was getting paid as per my LCA.

On 07/01/2020, I received approval notice (I-797) until 06/14/2023 and was looking for client project simultaneously. Got new project with start date of 10/12/2020 and filed H1B amendment (with employer location) for change of location, change of client and also got approval (I797) until 06/14/2023 with approval date as 10/13/2020

I travelled to India on 01/12/2021 for vacation as well as H1B stamping and DHS happened to make as site visit on my past project (Mentioned above  in BOLD) on 01/15/2021.Meanwhile I am India and enquired about me and employer informed that I m on vacation. An Intent to Revoke Notice was sent to employer on 06/03/2021 with the questions when my project got ended on 06/18/2020 how I was able to maintain status. My Employer’s attorney is taking care of this and will responding to USCIS today.

I would like to know in this regards, Please provide  expert opinion regarding this immigration issue.

Also, I have few questions 

1.)    What will happen to my current petition (I797) and visa stamp which is valid until 06/14/2023.Is it valid or is it also under scrutiny until a          decision is made from USCIS?

2.)    Can I travel to the United States with valid stamp since I have current I797 approval valid until 06/14/2023 or I have to stay in India until a          decision from USCIS is declared regarding NOIR?

3.)     What happens if USCIS revoke visa? Do I need to go through lottery or employer has to file a new petition (amendment) ?

Edited June 28, 2021 by syed_ahmed
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