What if I've got a Notice of Intent to Revoke (NOIR) for H1B

[TriumphKai]

Hi all,

Yesterday I suddenly found myself in an immigration emergency situation. Please help! 

My employer has recently received a Notice of Intent to Revoke (NOIR) from USCIS, giving us a deadline of 11/19 to respond. The cited reason is that my employer wasn't able to proof the employment relationship with me. In January this year, an USCIS agent performed an administrative site visit to the work location indicated on the original filed LCA. At that time I was allowed to be working from home for a client after permission from them, and I wasn't at that location when the officer visited. The officer had a phone interview with both my employer and me afterwards.

My employer said it probably wouldn't helpful to argue with USCIS because he really didn't file the amendment, and that he would need to withdraw my H1B and let me seek alternative ways to maintain my status, such as change my status to F1 or others.

Here are my questions:

1. What is the difference between my employer's withdrawal and USCIS revoking my H1B?

2. I heard about the new rule about 60-day grace period after H1B is terminated. Does that "terminated" include "revocation" by USCIS? If yes, that would mean that after 11/19 (the deadline), I would have some time to find another employer to file a new petition, right?

 

Thank you very much for your help!

[Chai]

9 hours ago, TriumphKai said:

help

1. There is no difference. 
2. In your case, grace period will start whenever cessation of employment occurs. Does not matter if it is USCIS or your employer. Better to look for other jobs now than waiting for result of NOIR. 

[TriumphKai]

I appreciate for your prompt reply Chai. 

I do a follow up question. Given a worse case scenario when I can't find another prominent job even with the grace period, and if I were to file a change of status to F1 (I'm already admitted to a university), what status will I have after my H1B is revoked by USCIS? It shouldn't be H1B because it will have been revoked. Yet it won't be F1 because it won't be have been approved yet. 

 

Thank you very much!