NOIR received...while my extension is in process


h1bhelpneeded

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Posted

Hi,

My h1b was approved last year and I got the approval notice and email confirmation from USCIS officer for the same as well. Then I changed my job my employer filed client Amendment along with extension under regualr processing as there is no premium processing right now and then after that, exactly on 30th day, I see the status changed on the already Approved Receipt Case (Not the Amendment Petition Receipt) to "Intent to Revoke Notice was mailed". I am still waiting on the hard copy of the receipt to reach my employer.

1. Why would they changed status on Already approved petition? Nothing has changed on extension-amendment petition and still says Case received.
2. Is it a chance of technical glitch with USCIS that the status is Intent to revoke on approved petition while amendment is processed.
3. Does USCIS wants to buy some more time to process the case and have sent Intent to Revoke Notice now that they cannot issue RFE on approved petition.Have anyone seen such cases before?
4. Will it also effect my existing H1b extension petition?

Kindly help me out this weird case. Appreciate your valuable inputs!!!

Posted
3 hours ago, h1bhelpneeded said:

Hi,

My h1b was approved last year and I got the approval notice and email confirmation from USCIS officer for the same as well. Then I changed my job my employer filed client Amendment along with extension under regualr processing as there is no premium processing right now and then after that, exactly on 30th day, I see the status changed on the already Approved Receipt Case (Not the Amendment Petition Receipt) to "Intent to Revoke Notice was mailed". I am still waiting on the hard copy of the receipt to reach my employer.

1. Why would they changed status on Already approved petition? Nothing has changed on extension-amendment petition and still says Case received.
2. Is it a chance of technical glitch with USCIS that the status is Intent to revoke on approved petition while amendment is processed.
3. Does USCIS wants to buy some more time to process the case and have sent Intent to Revoke Notice now that they cannot issue RFE on approved petition.Have anyone seen such cases before?
4. Will it also effect my existing H1b extension petition?

Kindly help me out this weird case. Appreciate your valuable inputs!!!

Only way to know is to wait for the official letter from USCIS. May be a mistake or may be they found out that the petition should not have been approved in the first place. You have to wait for the official letter and go from there. Unfortunately no one can tell you for sure.

Posted

Then I changed my job my employer filed client Amendment --- did you change client?

1. Why would they changed status on Already approved petition? Nothing has changed on extension-amendment petition and still says Case received. - I guess your client changed.

2. Is it a chance of technical glitch with USCIS that the status is Intent to revoke on approved petition while amendment is processed. - I am sure your employer or ex-employer will get a letter in mail with a reason

4. Will it also effect my existing H1b extension petition? - May be anything is possible

Posted
16 hours ago, gopalakrishnach said:

Then I changed my job my employer filed client Amendment --- did you change client?

1. Why would they changed status on Already approved petition? Nothing has changed on extension-amendment petition and still says Case received. - I guess your client changed.

2. Is it a chance of technical glitch with USCIS that the status is Intent to revoke on approved petition while amendment is processed. - I am sure your employer or ex-employer will get a letter in mail with a reason

4. Will it also effect my existing H1b extension petition? - May be anything is possible

Yes I changed the client not the employer...If it effects my existing petition what is the best option I have.

. Why would they changed status on Already approved petition? Nothing has changed on extension-amendment petition and still says Case received. -

I mean there is no change in the status of the new petition. 

Posted
On 3/6/2019 at 12:37 PM, gopalakrishnach said:

Wait for letter from USCIS...

Initially my H1B was picked in lottery in mar 2016 and approved for 3 years and I got it stamped. After that I transferred my h1 to my current employer for a new client A in July 2017. July 2017, for which i have received RFE in NOV 2017. But from Oct 2017 I started working for Client B so amended the petition with new client and sent all required paper work in Dec 2017 for which i have received Approval on Client B from april 2018 to april 2019. I received the NOIR on the approved petition today with the reason that I am not Client A when they made a site visit on June 22 2018 ( i was working at client b)and called responsible parties, and found out that I am now at Client B. Still they sent out NOIR on  petition which was approved with the documents of Client B. I have less than a month of period on that h1 b remaining. So by the time I reply to this NOIR and receive the decision this H1B would have been expired.

 

My extension petition is still in received status. Now as premium processing has been resumed, should i go ahead and make my extension premium and still reply to the NOIR. Or should I just file new H1 completely? Am I still Cap exempt?

 

Posted
On 3/11/2019 at 8:08 PM, h1bhelpneeded said:

Initially my H1B was picked in lottery in mar 2016 and approved for 3 years and I got it stamped. After that I transferred my h1 to my current employer for a new client A in July 2017. July 2017, for which i have received RFE in NOV 2017. But from Oct 2017 I started working for Client B so amended the petition with new client and sent all required paper work in Dec 2017 for which i have received Approval on Client B from april 2018 to april 2019. I received the NOIR on the approved petition today with the reason that I am not Client A when they made a site visit on June 22 2018 ( i was working at client b)and called responsible parties, and found out that I am now at Client B. Still they sent out NOIR on  petition which was approved with the documents of Client B. I have less than a month of period on that h1 b remaining. So by the time I reply to this NOIR and receive the decision this H1B would have been expired.

 

My extension petition is still in received status. Now as premium processing has been resumed, should i go ahead and make my extension premium and still reply to the NOIR. Or should I just file new H1 completely? Am I still Cap exempt?

 

Hi, i am alsmost in the same boat. what was you notice from USCIS? any updates?

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