NOIR Issued after an year in May 2012

[kumar_84]

Hi

I went to India for my H1-B stamping on Feb 25th 2011 at New Delhi Consulate and I was issued a 221G.. I replied to 221G as per all the documents asked by the US Consulate after a month .. 2 months after that ..in June 2011 .. I received a letter from New Delhi Consulate that they are sending my case back to USCIS for further investigation .. I thought that my case was rejected or something like that .. My employer followed and he raised a CONGRESSMEN Enquiry ...

Now, after a year .. in MAy 2012 .. I received an NOIR from USCIS asking for further documentation to improve the Employer-Employee relationship .. and some other documents from my employer .. My work model was Employer-->Vendor-->Client .. I just want to know that what is this NOIR. I dont why it has been issued .. Can you please resolve my doubts ...

1. Should I reply to this NOIR and wait for the USCIS to come back. Is there a specific time that they take to resolve such issues .. as they already took 1 year to come back with this .. MY H1B is valid till Sept 2012 .. so if USCIS take their time .. my H1B will be expired by then .. I will be fighting for an expired VISA ..

2. By chance .. if USCIS reply within time .. will they give me back the time that I have lost which is almost .. year and a half .. or I will be only getting VISA for the remaining time period..

3. Should I go for completely new H1B petition with my employer without replying to this NOIR. If I go for new petition, will my old case affect this new one .. and it may again lead to another RFE .. are the cases linked ?

4.If I dont reply to this NOIR .. and go for a new petition .. Will this be considered a kind of Fraudulent activity ?

5. Can my current employer file new petition .. although I am having a NOIR case from him .. or should I find a new employer in order to file the new H1 ?

Thanks a lot for your help .. If anyone of you are having such case as mine .. share your experiences as well ..

Kumar

[livliv]

Notice of intent to Revoke, is sent to your employer, not you. It is part of the same H1 Visa denial. Consulate sent the petition back to USCIS and USCIS is now asking your employer why should they not revoke the petition. If your employer can provide evidence that the petition should not be revoked, and USCIS is satisfied with the response, they will re-affirm the petition. Then you can take the re-affirmed petition back to the consulate to get your Visa.

Irrespective of the above, remember that any employer can file a cap-exempt petition for you using the cap from the previous petition. If you have spent more than 1 year outside the US, they can also file cap-subject petition for you to get you fresh 6 years.