NOIR for H-1B


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A few days ago, USCIS sent my employer an NOIR for my renewed H-1B petition (renewed Oct 2019). The explanation in the notice was that they shouldn't have approved the H-1B extension in the first place since the specialty occupation requirement was not met, as per them. The specialty occupation applied for was Management Analyst. I have an MBA and my company has drawn links between my courses and the work being done by me.

So, the good thing here is that the NOIR is not for any fraudulent activity. My employer is drafting the response with a detailed explanation of my work and testimonials from industry 'experts' that my qualifications support said work.

Now, my question is what are my options here? 

  • In recent time, what are the chances of the USCIS deciding in my favor for Management Analyst? 
  • Can I transfer to another company before the USCIS makes a decision based on the response?
  • Can I transfer to another company after the USCIS makes a negative decision based on the response?
  • Do I have any other options that I am not aware of?

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