H1B NOIR

[raj12399]

Hi All, 

I’m on h1b extension with company X. Recently I received NOIR on my current petition since my current employer didn’t file LCA to my work location and USCIS found it. 

1. In the NOIR it says response window will be 30 days but due to pandemic I heard that there will be extra 60 calendar days to respond. Can someone please confirm? 

2. I’m thinking to transfer my h1b to another employer before my current employer respond to NOIR. In this scenario if my h1 transfer is approved, is there any possibility that it will be approved without i-94 since I’m transferring while NOIR is pending? 

If it is approved without I-94, I can’t really cross the border since I’m new mom with 2 months old kid and can’t travel due to pandemic. Please advice.

[Zodiac System]

Filing for transfer is a good decision.  Confirm with your new employer/attorney that it will be filed with I-94.  Good Luck.

[kumar2014]

On 1/8/2022 at 4:17 PM, raj12399 said:

Hi All, 

I’m on h1b extension with company X. Recently I received NOIR on my current petition since my current employer didn’t file LCA to my work location and USCIS found it. 

1. In the NOIR it says response window will be 30 days but due to pandemic I heard that there will be extra 60 calendar days to respond. Can someone please confirm? 

2. I’m thinking to transfer my h1b to another employer before my current employer respond to NOIR. In this scenario if my h1 transfer is approved, is there any possibility that it will be approved without i-94 since I’m transferring while NOIR is pending? 

If it is approved without I-94, I can’t really cross the border since I’m new mom with 2 months old kid and can’t travel due to pandemic. Please advice.

Is it during extension process or on already approved petition?