URGENT: H1B has been revoked by USCIS

[rajuvk]

Hi All,

I’ve been on H-1B with company A with client X. Then I have changed to different client Y. My employer did not filed an amendment for change of client from X to Y.  I’ve moved to Company B and currently working with Company B for client Y on transfer receipt.  There was a Notice Of Intent to Revoke issued on Company A’s petition much later after I’ve moved to company B. And they also issued NOID for my transfer petition to company B referring to my old employer A not maintained the status. Attorney of employer B is saying that there is less chance of getting the petition approved with Company B. Can any one suggest what are my alternatives now. My old employer is not willing to reply to NOIR and not willing to provide me details of why there was NOIR.

Appreciate your response.

Thanks

[Zodiac System]

More details are required to suggest alternatives i.e. is your spouse on H1b?  Are you able to change status to H4-EAD etc.  Best is to consult an immigration attorney.  Good Luck.

[rajuvk]

Follow up questions on my above case:

1. Do I need to leave the country immediately after the transfer petition gets denied? 

2. Will I come under cap exempt to look for another employer?

3. Can I apply for F1 if my original petition is revoked and transfer petition get denied?

[Attorney_15]

To get a copy of a NOIR when the employer won't provide it to the impacted employee the best way to get it is by filing a FOIA request. While it may not be legally permissible to file a response one can certainly mail something in to USCIS even though they will almost certainly ignore it. While USCIS may act fast when a NOIR is not replied to, one thing a beneficiary can try is sending USCIS a letter of some kind with evidence that the FOIA has been filed to get a copy of the NOIR stating an intent to reply. Litigation may also be an option to fight the NOIR.

 

When  the issues of a NOIR to one employer are raised in the NOID/RFE of another employer, the NOIR/RFE could be responded to with an argument for approval and based on the particular facts USCIS could approve it. USCIS might deny it but it might still be worth the effort of fighting for an approval.

[rajuvk]

Thank you Attorney_15. I will work on FOIA.

what are my chances of getting the NOID of my current employer getting approved if there is an NOIR on my previous employer?

While my old and original petition on NOIR, can i apply for canadian work permit based on H1b?

Its past 30 days. I got NOIR on june 7th. How many days will USCIS give and revoke the petition permanently? Status is same event today.

Can i get a admission in a college get I20 and apply for change of status when the petition status is in NOIR?