NOIR received for expired H1B

[swar13]

I have received NOIR for expired H1B with employer A that was approved back in 2015. I have immediately applied for H1B transfer with employer B and it is approved within 15 days in regualr processing. My concern is, this NOIR I received on my expired petition is my first H1B. I am planning to withdraw the old H1B with employer since my H1B transfer is approved, hoping that would prevent USCIS to revoke it. 

1. If I withdraw old H1B with employer A, would it be safe since H1Transfer is already approved?

2. Should I go ahead and apply for H1B in lottery again this year? because it is my initial H1B that received NOIR?

3. I have i140 approved as well with employer A. Does that help if initial H1B is revoked?

4. Can I got ahead and file perm with new employer? If I reach i140 stage with new employer, before USCIS decides on my NOIR response, does that help?

[gopalakrishnach]

I am planning to withdraw the old H1B with employer  - you will not do your ex employer will do.

[Mohan Vamsee Gunthati]

On 3/15/2019 at 9:22 AM, swar13 said:

I have received NOIR for expired H1B with employer A that was approved back in 2015. I have immediately applied for H1B transfer with employer B and it is approved within 15 days in regualr processing. My concern is, this NOIR I received on my expired petition is my first H1B. I am planning to withdraw the old H1B with employer since my H1B transfer is approved, hoping that would prevent USCIS to revoke it. 

1. If I withdraw old H1B with employer A, would it be safe since H1Transfer is already approved?

2. Should I go ahead and apply for H1B in lottery again this year? because it is my initial H1B that received NOIR?

3. I have i140 approved as well with employer A. Does that help if initial H1B is revoked?

4. Can I got ahead and file perm with new employer? If I reach i140 stage with new employer, before USCIS decides on my NOIR response, does that help?

Hi, i am on the same boat, but not having i140. who suggested you to change the employer? any benefit on doing it? what i am assuming is eventhough you transfer, wouldnt it effect with current status, since it is the same H1B? I am not sure just checking. I have got notice from USCIS as, Site inspection and enquired about Initial Internal Project while filing H1B. What about your notice from USCIS?

[NotAnAttorney]

On 3/19/2019 at 12:55 AM, Mohan Vamsee Gunthati said:

Hi, i am on the same boat, but not having i140. who suggested you to change the employer? any benefit on doing it? what i am assuming is eventhough you transfer, wouldnt it effect with current status, since it is the same H1B? I am not sure just checking. I have got notice from USCIS as, Site inspection and enquired about Initial Internal Project while filing H1B. What about your notice from USCIS?

So what happened to your case and are you still employed with same employer?

I know someone who was in a similar situation, company B filed for his H1B but the it was denied ( quoting that he is not cap-exempt as his initial H1B was revoked for finding misrepresentation)as the initial H1B was revoked by then.

But again company C applied for H1B, and this time it got approved without any issues. He even traveled o India got visa stamped and entered USA.

Company C had filed for extension and the extension also got approved.

It looks like it's just luck.

[Mohan Vamsee Gunthati]

On 3/20/2019 at 9:02 AM, NotAnAttorney said:

So what happened to your case and are you still employed with same employer?

 I know someone who was in a similar situation, company B filed for his H1B but the it was denied ( quoting that he is not cap-exempt as his initial H1B was revoked for finding misrepresentation)as the initial H1B was revoked by then.

But again company C applied for H1B, and this time it got approved without any issues. He even traveled o India got visa stamped and entered USA.

Company C had filed for extension and the extension also got approved.

It looks like it's just luck.

Im transferring my visa for another employer now. But it doesn't change anything as per the attorneys. Just a hope. 

[NotAnAttorney]

On 3/22/2019 at 11:36 AM, Mohan Vamsee Gunthati said:

Im transferring my visa for another employer now. But it doesn't change anything as per the attorneys. Just a hope. 

I have one lifeline suggestion here....keep looking for any cap-exempt jobs..like those in huger educational institutions.