Notice of Intent to revoke - h1B amendment was filed late


h1bindividual

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Posted

Hi -  Though I started working on new location (location B) starting Jan first week 2016 . I was travelling on weekly basis from Location A to Location B(current location) for 2 weeks and then 3rd week I worked from Location A . 

Finally I moved to Location B on Jan last week 2016.

We could not find amendment on time because we were waiting on a decision on H1B Extension and i was advised that unless we receive a decision from USCIS on current petition , we cannot file amendment .

So we upgraded the current petition to premium and once we got approval from USCIS on H1B Extension , we filed amendment on March 2nd week 2016.

In May , USCIS audit happened at Old Location (location A) and as i was not there , after couple of months i received Notice of Intent to Revoke (NOIR).

Could anybody here please let me know what are my chances of success here ?

Posted

Hi   h1individual ,  can pl update what happened in your case. I have similar situation.

 

Three weeks back (Nov 16) , USCIS site visit happened on my H1 location .I have filled in May2016 for this location
I have moved in Sep16 to another locations which is about 100 mile, which requires amendment.
My employer has now started LCA and H1B amendment. As per my research in the forums I will get NOIR(Notice of Intent to revoke) soon on my extension

Question I have 

1) Will I surely get NOIR and by when and how much time I will get to respond.(My employer called Visa officer and mailed my new location, )
2) My I140 I also filled last week in premium, will it get affected. (Mostly not I guess)
3)  Can I transfer my visa after NOIR (I have some fulltime offers)
4) If I transfer my employer can revoke my I140. Will I lose my priority date as will be not six months of I140?
5) Or should I transfer before I get NOIR
 

 

 

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