I-129 denied based on NOIR. H1B Transfer approved before NOIR decision


Recommended Posts

Hi,

I applied for H1b extension (I-140 based extension. I completed 6 years in H1B) on Apr 2013 with client A in CA and my H1b approved for 3 years.

I moved from client A to client B in TX in June 2013. On Aug 2013 USCIS did the client visit (Client A in CA) but at that time I am not there in client A and I was there in client B in TX.

So USCIS officer contacted my employer and my employer provided all the documentation but we didn't file for H1 amendment bcz the client B project was only for 6 months.

On Jan 2014 I completed the project with client B and joined in client C.

On Jan 31st 2014 I received a NOIR from USCIS indicating that I was not there at the time of client visit (client A).

My employer immediately filed H1 amendment with client C in PP and answered to NOIR on Feb 20th 2014. I got an RFE for my H1 amendment asking final status on NOIR and employee and employer relationship.

 

I got a permanent offer with end client and they filed my H1B transfer on PP on Mar 6th 2014 (NOIR is still in process. Didn't receive any response yet). I got my H1 transfer approved on Mar 14th 2014 with I-94 for 3 years.

 

I checked the status of my NOIR response in online and it showing that "On March 27, 2014, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER" but still my old employer/lawyer didn't receive any letter from USCIS. I talked to my lawyer and she is saying that based on the online status your H1B denied which was approved on Apr 2013 (NOIR was on this H1) but we will get full details once we receive the physical letter from USCIS.

 

So my questions are:

1. What will be the denial effective date?

2. If they denied my old H1 I will be in the out of status?

2. If they denied my old H1 which was approved on Apr 2013 that will give any effect to my new approved H1 (H1 transfer approved with end client)? Because the end client filed my H1 transfer based on the approved H1 in Apr 2013.

 

 

Link to comment
  • 2 months later...

Archived

This topic is now archived and is closed to further replies.