H1 Approved and NOIR


mzakki

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2015 April - H1 filed by company - 'EST-B' for an In-house project.  Selected in Lottery

2015 July - H1B Approved

Early 2016 - EST-B moved office, but within the same County.  Did not inform USCIS about address change

Visa stamping delayed as EST-B was moving office and had delays in product development

2016 Jun - USCIS visited EST-B’s old office address and did not find anybody there.  Notice of intent to Revoke sent, which was not received till early Sept.  NOIR is received for all H1s filed by EST-B

2016 Aug - Visa stamping in India (unaware of the USCIS site visit) resulting in 221(g) with documents requested from EST-B.  Address used on Visa application was the new address of EST-B

2016 Oct - NOIR response sent by EST-B.  Current H1B status is 'Response To USCIS' Request For Evidence Was Received’

I am still in India 

Questions:

  1. When should EST-B respond to the 221(g) from the consulate.  EST-B feels they should wait till the H1 is re-approved.  Is it ok to respond to the 221(g) while waiting for USCIS
  2. Since the H1 was approved earlier, can I transfer the H1 to a new Employer ‘NEW-EST' using the 797 I have from EST-B?
  3. In the worst case situation if the H1 is revoked, will I have to go thru lottery again next year?
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  • 2 months later...

mzakki: I am in same situation as you were. I am worried what will happen to my status, What happened after 

2016 Oct - NOIR response sent by EST-B.  Current H1B status is 'Response To USCIS' Request For Evidence Was Received'

things were back to normal or something else happened? Please respond.

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