NOIR on existing H1-B petition

[Abimanyu Krishna]

Hi folks,

I received a NOIR on my existing petition where there are some issues with Wage levels provided with my experience. As per my employer's attorney, they asked me to go back to India and return with a fresh cap exempt and deputation.

Issue is mainly with what is available in current petition with what was replied back during FDNS site inspection w.r.t site inspection. My question is 

1. Is it better to respond back to them on NOIR in this case or can I apply cap-exempt to return back with fresh deputation

2. Will this have any other impact on my PERM/I-140 which is currently going on?

3. Do it have any impact to any of my future petitions?

Thanks

[LeaveMessageH1B]

Do you know what is the "issues with wage levels"?   can your employer fix those ?

If those are not fixed in satisfactory manner, your petition will be most likely revoked. 

Not sure what do you mean by "fresh deputation". 

On 3/21/2023 at 10:48 AM, Abimanyu Krishna said:

2. Will this have any other impact on my PERM/I-140 which is currently going on?

Yes

On 3/21/2023 at 10:48 AM, Abimanyu Krishna said:

3. Do it have any impact to any of my future petitions?

Yes

[whiskeyjack]

Severity of NOIR depends on the reason included in the NOIR. Ask your employer if CIS is accusing them for fraud or eligibility when filing. If that’s the case, well, they have to fight it or you will lose you cap and have to go through the lottery again. If it is for a later violation like not paying you for a couple of months, then there’s nothing much to worry about, just get another stamp and you should be good.

 

2. There could be some issues, but not likely. PERM is by DOL and I140 is by a different team. Government agency is not known for being communicative.

 

3. It would surely look bad on record, but probably not more severe than a speeding ticket.