Urgent: NOIR for my h1b


YC1058

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Hi, I'm in an urgent situation. Please help/contact me. I received an NOIR regarding my current H1b.

I have two STEM degrees in the computer engineering and mathematics field. Worked for a prestigious company for two years in Silicon Valley and acquired H1-b and I-140 approval. I decided to take risks in 2015 and to join a start-up that only has two persons. 6 weeks ago, two USCIS officers came to the work location listed on my LCA, but we were working in another location 1.6 miles away -- while we filed change of address through our accountant to the California Franchise board, we didn't file an amendment to USCIS -- because according to the USCIS website, we do not have to file amendment for work location change within the same "Metropolitan Statistical Area" (MSA) [https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision]

The officers came to our actual work location on the second day, asking us to show demo of the products, codes, pay stubs, tax documents etc. I showed them all they wanted, although the USCIS understood nothing about our technologies and were not interested to learning more and taking notes

However, I still received the NOIR letter with 3 major reasons. First, office address inconsistency; second, lack of evidence for work that requires specialized knowledge; third, potential fraud because of unclear management structure of the start-up. The NOIR mentioned nothing about their 2nd visit to our actual work location, and didn't mention a bit about any work evidence/pay stubs we actually presented to the USCIS investigators.

Because the startup struggled to find the product market fit, I decided to return to work for big corporates -- so I got into another top 3 IT companies in the Silicon Valley, and they filed my H1b transfer two weeks ago.

I fully understand that my H1b transfer is very likely to be disapproved because of the NOIR on my current H1b. And it will be difficult for me to apply for any other type of US visa, let alone my final green card approval process.

Any constructive help will be much appreciated! 

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