Spouse changing job [because of NOIR] when my H1B petition is filed

[Veera84]

Hi,

I am currently in US on H4 visa. My wife's H1B visa is valid till 31st Dec 2014.

My employer will be filing my new H1B with USCIS on April 1st 2014, for the next calender year 2015. In case my petition gets through, I am eligible to start working from October 1st 2014. My current petition is filed with my I-94, also valid till 31st Dec 2014.

Currently, my wife is looking for a job change, because of Notice Of Intent to Revoke (NOIR) from USCIS last month. Her employer has already responded to the notice and is confident that her case is normal and that USCIS will accept their response and cancel her NOIR. But some of our friends are cautioning against this. That in most NOIR cases, USCIS will revoke her petition. So its safe to look for a job change.

In this context, I have the following questions.

1. If my wife changes her job now, will it affect my petition in any way?
2. Are NOIR cases ALWAYS risky to wait over?

Please let me know your response.

Regards

[jairichi]

Hi,

I am currently in US on H4 visa. My wife's H1B visa is valid till 31st Dec 2014.

My employer will be filing my new H1B with USCIS on April 1st 2014, for the next calender year 2015. In case my petition gets through, I am eligible to start working from October 1st 2014. My current petition is filed with my I-94, also valid till 31st Dec 2014.

Currently, my wife is looking for a job change, because of Notice Of Intent to Revoke (NOIR) from USCIS last month. Her employer has already responded to the notice and is confident that her case is normal and that USCIS will accept their response and cancel her NOIR. But some of our friends are cautioning against this. That in most NOIR cases, USCIS will revoke her petition. So its safe to look for a job change.

In this context, I have the following questions.

1. If my wife changes her job now, will it affect my petition in any way?

2. Are NOIR cases ALWAYS risky to wait over?

Please let me know your response.

Regards

1. No.

2. Depends on the reason for NOIR? Let us know the reason.

[Veera84]

Hi Jairichi,

 

Thanks for your response.

 

The reason for NOIR is as follows:

 

USCIS officer visited my wife's workplace in April 2013. But in Feb 2013 after completing her assignment in US, my wife returned to her base location in India. She stayed in India till Sept 2013 and returned to US for a different client in a different location.  Since my wife is not there when the USCIS officer visited her location, this NOIR was issued (in Feb 2014).

 

Please let me know your response.

 

Regards

[jairichi]

Hi Jairichi,

 

Thanks for your response.

 

The reason for NOIR is as follows:

 

USCIS officer visited my wife's workplace in April 2013. But in Feb 2013 after completing her assignment in US, my wife returned to her base location in India. She stayed in India till Sept 2013 and returned to US for a different client in a different location.  Since my wife is not there when the USCIS officer visited her location, this NOIR was issued (in Feb 2014).

 

Please let me know your response.

 

Regards

Should be fine. Did she get her LCA and H1B petition amended to enter US when she moved to a new place and client?

[Veera84]

yes she got her LCA and Transfer memo (as part of amendmant)

[jairichi]

yes she got her LCA and Transfer memo (as part of amendmant)

Good. Should not be a problem.

[Sailk123]

Hi Veera,

 

Any update on your Wife's case