Notice for intent to revoke H1B petition

[naveengauba]

Hello Experts

I got my H1B petition approved in Nov 2012 and stamping was done in Dec 2012 for 2013 quota. My employer provided me a client letter/SOW from one of their client A in Nov 2012. By the time I came to USA in Mar 2013 the position at client A got closed. I think that project never kicked off.

I started looking for a new project once I got here and got another project at client B by end of Mar 2013. My employer did not file a new LCA as this new client B was within 50 miles of client A's location. After spending 3 months there at client B, I started another project at client C in mid-July. In Aug 2013 my employer went ahead and filed an H1B amendment which is still under processing.

Meanwhile last week I got an email from USCIS since I subscribed for email notifications on my original H1B petition application saying that.

"Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Your Case Status: Post Decision Activity

On October X, 2013, we mailed you a notice indicating we intend to revoke the decision made on your case.  That notice will explain in detail what action we intend to take.  Please read it carefully when you receive it.  If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance.  If you move, please use our Change of Address online tool to update your case with your new address."

This week my employer received the notice in mail as well. I have not seen the notice but the reason for the notice was "USCIS called the client manager for client A and asked about the project that was mentioned in the SOW used for visa stamping. And the manager said No to that since the project never started."

My employer is preparing a response for USCIS. I was browsing over the web and people mentioned that getting an H1 Transfer to a new employer might help me avoid the "out of status" if USCIS is not satisfied my my current employer's response. Please suggest.

 

My worry is if I go for H1 Transfer, could USCIS reject that transfer as my original petition mentioned a project that never started.

Also since the H1 Transfer may take couple of weeks even if it is done on premium. Is it mandatory for my current employer to respond to the notice with relevant documents while the H1 transfer is in progress?

Please let me know what are my options here.

thanks...NG

[cap-gap]

the new "transfer petition" will be based on that company's merits..old firm's screw-up has no impact on it..

 

assuming it is a good company, the worst that can happen is CIS may feel you were out of status and the new petition will be approved but with no new I94..

 

but I highly doubt it..

 

if it happens, you can just reenter a nearest border with new approved petition to get new I94 (assuming ur visa stamp is valid)..

[hh1bb]

Hi Naveen,

 

we are in same situation. can you tell us what happened with your case?