Received NOIR notice on initial H1B but have approved i140


swar13

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Hi 

I am an employee of A. And i have few questions regarding my H-1B visa status.

I have been an (H-1B) employe of A since March 2015. My H1B petition is picked and approved on In-house project in April 2015. And it is approved for 3 years from Oct 2015 to Sep 2018.

In October 2015, when my H1B period started, I have filed a H1B amendment to my current project at my current client. And I have been working on the same project and with the same employer till date. In October 2018, My H1B extension got approved till Dec 2019 with the same employer A and with the same client. Also, My i140 is also approved with my employer A in 2016. my priority date is Oct 2016.

In February 2019, my employer got a NOIR notice on the initial H1B that was filed with an in-house project. my employer told me the reason as they suspect if they have in house project. My employer has told me that he is going to send the response to USCIS with in 30 days i.e, before March5th 2019 and there is 50% chance of winning the case. 

Now I have initiated the H1B transfer to employer B, and also included my approved H1B and i140 in the transfer petition. 

1. What if my initial H1B is revoked? my transfer will also be rejected? In that case, since I have an approved i140 with employer A, can I go to India and apply for new H1B in cap exempt? would my i140 save me in this situation? Or can I do that being in US, applying for new H1B based on i140?

2. Can I file new H1B in lottery in April 2019. If my petition did not get picked, can I come back to US based on my i140 approval?

3. What if my old employer revoke my initial H1B? my i140 would also be revoked?

 

 

 

 

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