H1-B NOIR dated March 2013

[zatara]

Hi There!

I received a H1-B NOIR on March 18th 2013, posted by USCIS on march 8th 2013. iThe details of my case are as follows

1) I worked for client A (through a subvendor ) till 18th May 2012.

2) Thereafter I moved to Client B ( through the same subvendor) and am currently working there.

3) When I moved , I had informed my employer about the work location address and everything relating to my new employment. My employer and the subvendor even had a new contract deploying me at the new client location.

4) Inspite of informing all stakeholders as well my lawyer, the case fell through the cracks as the lawyers paralegal "forgot" to file the LCA.

4) On Sept 4, 2012 I got a site visit at client A's place and for reasons obvious ,I was not present ,as I was @ client B's workplace

5) As a result after 6 months the USCIS decided to send me a NOIR.

6) I have my approved I-140 from another employer based on future employment basis.

7) The cut-off date to file the reply to the NOIR is April 7th 2013, failing which my petition will be revoked.

8) 6 years on my H1-B get over in July 2013.

9) In the past 6 years not a single day was I out of status.

10) I carry all my paystubs and timesheets to date.

I'm aware that the situation is serious and my lawyer is trying to respond, but I wanted to reach out to members in this faternity and find out the following

a) When will I be out of status?

b) How does it affect my GC process?

c) Most importantly .....what are my options at this point-in-time? Any detail on this would be highly appreciated

d) As H1-b quota is about to open will it help filing a new petition in consular processing?it not getting revoked?

e) My lawyer will file amendment as well as new LCA and extension with ample of proof, but what are the odds of it being revoked?

I'll be penalised for someone else's fault clearly and I do not want that. I would appreciate a reply from anyone . I know this won;t be a legal opinion , but sometimes sharing can open up options

Cheers

Z

[zatara]

Hi,

As thisis time sensitive, I would appreciate an early response. I'm freaking out as I don't know where this will end-up

[nekha]

I am in a similar situation too. Work of a Big It company and they did not file LCA or H1 amendment when I moved,  so had a site visit recently in the old work location and was not @ that work location.

I have my I 140 approved and H1B extension till Jun 2014.

Can I change my employer after applying for transfer and will this save me from becoming out of status? What other options do I have?

 

@Zatara, what happened in your case? 

 

Thanks,

N R

[sham@H1B]

Right Now I am also in the same situation. I have filed my H1B when I was working with Client A. I moved to Client B, my employer has filed only LCA (30 days after joining client B), he didnot filed H1B amendment. I had a Client visit at Client A (afer moving to client B), as the office could not contact me, now USCIS has issued me NOIR on April 23, I have to respond by 26 May 2014.

   

@ zatara & nekha can you please let me know how did your employer responded to this situation.

[h1babouts]

Hi All, I am in the same situation. 

Clint A : Sep 2011. Renewal done.

Moved to CLIENT B. (Filed LCA 2 weeks later)

Moved to CLIENT C.(Filed LCA 2 days later)

While at CLIENT C got a random verification call and send her(uscis) the LCA filed for CLIENT C, w2, paystubs.

Moved to CLIENT D(Filed LCA 2 days later) in dec, 2012.

Got my Amendment done at CLIENT D. Went for stamping and back to US Successfully.

 

Recently June, 2011, my employer received NOIR for the petetion filed in 2011.

 

Since I have the amendment done in dec, 2012, will I be in status if they revoke 2011 petition?

If they revoke, do they revoke my amended petition as well? (Please let us know if you have heard any case like this as well)

do you suggest change the employer?

 

I have renewal in these two months.

 

what did you guys did in your cases. Please share.

 

Thank you.