RFE-NOID-NOID: B1 to H1B COS: 2008 approved petition under cap exempt

[ravi_tasanj]

Background:

I am in USA on B1 visa and i have 2008 approved petition. One employer filed for H1B for me using my old approved petition in 2013 July under cap exempt. Here we are trying to do change of status from b1 to H1B.
 

My qualification: MCA (masters in computer applications).

 

Scenario:

1.RFE: Regarding LCA within 50 miles: Able to clear this RFE.

2. NOID: USCIS contacted client and HR said i already joined company and working. She got confused with other person from our comapany who joined 1 month back.Able to clear this NOID with client clarification mail to uscis.

3. NOID: Saying petition filed doesn't come under cap exempt category. Need help

Today i got NOID saying H1B petition filed doesn't come under cap exempt. But strange thing is one of my colleague able to do B1 to H1B COS. His situation was same as mine (his also 2008 approved petiton) and only difference is he is bachelors in technology (btech).

 

Questions:
1.Is NOID because i am MCA ? 2008 petition was filed after i completed my MCA using my MCA degree documents.

2. How to respond to this NOID. What are the things/consideration to take care to reply to get petition to get it approved?

3. As per many previous questions my case come under cap exempt. But still why i got NOID saying i am not covered under cap exempt?
 

Please help me experts.

 

 

[downbutstanding]

NOID possible cause: When USCIS contacted the client HR, they got the impression that you were working (though client hr messed up with some other name).

 

Client HR writtern communcation may help but approach an immigration attorney about the next steps/actions/expert advice.

[lsreddy1980]

Hi Ravi

 

Could you please share your email with me.. Just want to get some things clarified from you.. 

 

Please send me with the deails on ******************@gmail.com

[lsreddy1980]

Hi Ravi

 

I am also in a slightly different situation than u? Please let me know after how many days u enter on B1, your H1 change of status petition has been filed?

 

In this process, will there be any issues for the H4 dependant visa stamping? 

 

Please share the information