Received NOIR after H1B transfer is in processing


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Hi All,

I am in a very typical situation and if anyone can suggest my options then its really helpful. Thanks for reading the post.

Employer A: H1B with employer A got approved in 2007 but did not come to US till 2017 with that H1 and did not work for employer A.

Employer B: Filed my H1B under cap exempt using 2007 petition, Petition approved and got my visa till 03/2019. Started working for employer B from 2017 to 11/2019. My extension also got approved for 3 years for the same client in 01/2019 with employer B and got visa stamped in Mexico. I-94 validity is till 02/2022.

Employer C: H1B transfer initiated on Nov 06, 2019 and joined the new MNC company with the receipt number. RFE was issued asking for the latest pay stubs, MSA & SOW. RFE reply should be sent by Feb 13, 2020. It was filed under Premium Processing.

Now Employer B received NOIR (Intent to Revoke) on Dec 13, 2019 because there was a site visit and I was not there in the office. Also there were many allegations on employer B asking him that the work area requested for the total h1b employees is not sufficient. Hence employer B was asked to submit his response by Jan 18, 2020 for the NOIR and I do not think that my employer B will submit his response.

My concerns are:

  1. If the H1 from employer B gets revoked what will happen to my H1B transfer with employer C?
  2. If H1 from Employer B is revoked, what happens to my status as I have a Visa stamping and I-94 validity till 03/2022.
  3. If the H1 transfer with employer C gets denied, can I file it with a new employer under cap exemption as I did not use my 6 years of my H1B period.
  4. How many days it will take to get employer B petition revoked if he does not respond to it.
  5. Do I have any grace period after it gets revoked.

Thank you all and would appreciate your suggestions if anyone know about this situation.

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