NOIR and revocation affects on status

[muddu_shafi]

I got an NOIR for my approved h1b. 

 

My h1b was approved on April 2011, and we received a NOIR in May2013(to which our company lawyer responded)

 

If the USCIS goes ahead and revokes my visa, will I be considered Out of status from the approval date or the from the date when USCIS actually revokes it.

 

If In the mean time USCIS is reviewing the response sent my lawyer, I apply for a New H1B(transfer)....Does this save my status even if my previous h1b is revoked.

[rahul412]

I got an NOIR for my approved h1b. 

 

My h1b was approved on April 2011, and we received a NOIR in May2013(to which our company lawyer responded)

 

If the USCIS goes ahead and revokes my visa, will I be considered Out of status from the approval date or the from the date when USCIS actually revokes it.

 

If In the mean time USCIS is reviewing the response sent my lawyer, I apply for a New H1B(transfer)....Does this save my status even if my previous h1b is revoked.

what's the reason for NOIR??

[muddu_shafi]

what's the reason for NOIR??

Approved H1B for client location A in April 2011. USCIS visited client location A in september 2011, did not find me as  I had moved to Client B in July 2011.  But, I came back to work for Client A(approved client location) in Jun 2012.

 

In May 2013 we received NOIR.

 

1) The beneficiary is no longer employed by the petitioner in the capacity specified in the petition.

2) The petitioner violated the terms and conditions of the approved petition.

3) The statement of facts contained in the LCA are not true, incorrect.

 

Because  it appears that the beneficiary may never have been employed in the approved specialty occupation at the end-client location, the beneficiary would not have maintained a valid H1B status pursuant to the terms and conditions of the approved petition.

[JoeF]

THey may revoke it retroactively.

Why didn't your employer amend the LCA and H1 when you moved to another client?

That an amendment is needed has been known for a long time.

Find a better employer, one who follows the law.

[rahul412]

Approved H1B for client location A in April 2011. USCIS visited client location A in september 2011, did not find me as  I had moved to Client B in July 2011.  But, I came back to work for Client A(approved client location) in Jun 2012.

 

In May 2013 we received NOIR.

 

1) The beneficiary is no longer employed by the petitioner in the capacity specified in the petition.

2) The petitioner violated the terms and conditions of the approved petition.

3) The statement of facts contained in the LCA are not true, incorrect.

 

Because  it appears that the beneficiary may never have been employed in the approved specialty occupation at the end-client location, the beneficiary would not have maintained a valid H1B status pursuant to the terms and conditions of the approved petition.

So your employer didn't file H1 amendment. That's a valid reason for NOIR. So what does your employer says??

[muddu_shafi]

So your employer didn't file H1 amendment. That's a valid reason for NOIR. So what does your employer says??

He does not even think that he needs to file an H1 Amendment as the type of responsibilities did not change when I moved from client A to B. 

 

Can you please anwer this question.

 

 

If the USCIS goes ahead and revokes my visa, will I be considered Out of status from the approval date or the from the date when USCIS actually revokes it.

 

I asked my lawyer and he does not seem to know the answer as well......I contacted several other attorneys as well, but they say it will be the date when USCIS revokes it, but my employer differs with that...He says it is the other way around.....

 

He also scared me that if it is from the approval date then I will be deemed out of status for the past 1 year(that I am staying here) and will be debarred from entering US for 3/10 days.....My I-94 on my passport is May 2014..........

[rahul412]

He does not even think that he needs to file an H1 Amendment as the type of responsibilities did not change when I moved from client A to B.

So when does you need to file amendment.

 

You file amendment when their  is 'material change' in the approved petition. Like roles, client location etc. In your case it clearly says you need amendment. But not sure whether it is just LCA or H1 amendment.

[Jyothis]

Sorry to hear your situation. I would say call attorneys at murthy and see. Especially in your situation, getting a proper representation is the first necessity

[shashigc_us]

Hello mudu_shafi, Any updates from your side to share?

[rajeshonly]

Hi Muddu_Shafi...

Did you get final decision on your case ?

I am in the same boat and I just wanted to know what happened to your case.

Thanks in advance for sharing.

[rahul412]

Hi Muddu_Shafi...

Did you get final decision on your case ?

I am in the same boat and I just wanted to know what happened to your case.

Thanks in advance for sharing.

what happened to your H1? That person will not respond.