H1B - USCIS Officials visit


dotnetsoul

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I'm employed by Company A for more than 2 years and for client A. During extending my H1B visa, one of the attorney suggested my employer (Company A) to file extension through client B and I got approval for 3 years.

Recently, USCIS officials visited client B location and found that I was not working in Client B location. Now, Company A changed the attorney and filed for H1B amendment that I'm working for Client A. I heard that there are chances of getting Notice of Intent of revoke.

What should be my reaction now. Change my client ? Change my Employer ?

Any suggestions and pointers are greatly appreciated !

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"What should be my reaction now. Change my client ? Change my Employer ?"

=> Now onwards, you are working on expired H1b and this makes you out of status. Because your employer failed to follow H1b guidelines, it makes your H1b expired.

Now just wait for USCIS's reaction and don't take any action.

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"Now onwards, you are working on expired H1b and this makes you out of status. Because your employer failed to follow H1b guidelines, it makes your H1b expired."

I'm completely lost on what you replied. How am I out of status with out notice of intent to revoke H1B (NOIR) from USCIS ? My question was if changing the employer would help as I have few offers and they are ready to sponsor.

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"How am I out of status with out notice of intent to revoke H1B (NOIR) from USCIS ?"

=> H1b revocation is not necessary for being out of status. e.g. if you are not getting paid during h1b stay you are out of status. Second thing, H1b is employer's petition, so USCIS is not obliged to give you a notice about the revocation. At any given time, if H1b employee of employer is not following H1b guidelines, the beneficiary is out of status.

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"How am I out of status with out notice of intent to revoke H1B (NOIR) from USCIS ?"

=> H1b revocation is not necessary for being out of status. e.g. if you are not getting paid during h1b stay you are out of status. Second thing, H1b is employer's petition, so USCIS is not obliged to give you a notice about the revocation. At any given time, if H1b employee of employer is not following H1b guidelines, the beneficiary is out of status.

Thanks for the information.

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