NOIR received - Possible to transfer H1b

[hgohil]

Hello All,

My case was sent back to USCIS for further review since Mar 2012 and I received NOIR notice from them on Jan 2013. I am outside the US right now since a year.

1) Can I transfer H1b as I don't have recent pay stubs from US Company? I am outside US more than 12 months now.

2) New Employer can file a H1b transfer if I am outside US since 12 months without having recent pay stubs. As per my knowledge you need to have recent paycheck to transfer your H1b.

3) If my current H1b will revoke. There will be two possibilities. May be it will revoke with current date or back date. What is the difference between them? If they revoke my current h1 with back date/back date, do I need to wait for new year quota to file new H1b for both cases?

If I can transfer my current H1b before revocation process start without any hesitation that would be very great but I don't about this.

Thank you in advance for your suggestions.

[DonShady]

There would be nothing like 'H1 Transfer'. It would be a new petition. You dont need paystubs for it.

For new H1 you would be cap-exempt as long as you havent used the complete 6yrs quota(may not be true if it was your 1st H1b, please consult your employr).

when you receive a NOIR, your employer must have got an opportunity to respond to USCIS unless there is something really wrong with your petition. check with them and decide on what needs to be done.

Lastly,

the petition is your employer's issue not yours. You can always seek employment elsewhere and have a new petition filed. i.e. you could have a found a new employer even while the 1st petition was under processing.

[DonShady]

I would personally suggest

1. have your employer respond to the case and continue working for them

or

2. switch to another employer(a good one!!!) and ask your previous employer to withdraw their petition.

[hgohil]

Hi DonShady,

Thank you for your response.

For H1 Cap-Exempt, this is my 1st H1b and duration is oct 11 to oct 14. So if I am eligible for that, new employer do not need to wait for new quota /Apr 2013 and file for new H1 for me? Current H1b went through employer-employee relationship problem and It doesn't seems go through as I was working as EC model and job is not currently there. But I would really appreciate if I could find out about Cap-Exempt.