NOIR on approved H1B


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Last week I got an NOIR on my approved H1b from April 2013 to April 2016 based on my approved I140.. It says when the site inspector visited my office at client site 1 year before (June 2013), I was working from home. Now in NOIR says Site visit officer identified that I'm working from home which is far beyond the commutable distance. My employer did not run LCA on my home location since my offical work location is still my client's office and I'm remotely logging there to do the work. Now a days I'm working from home just because my manager allowed me to work from home and remotely login to the office due to my family (my wife is a Phd student at my home location and I have a 2 year old kid). The NOIR I got is asking for lot of documents (including employee employer relations and etc. ) and says if we do not respond by July 12 they will revoke my H1B.

What are my options here?

1) Can I change employer, if the approved H1B is on NOIR response review stage?

2) What will happen to my status if this H1B revoked and another H1B is in process? And If we get the new H1b approved before the current H1B revocation decision?

3) What is the worst case scenario? If I had to go to home country to get the new H1B stamped, is there any -ve impact on my case (in case if the current H1B revoked with effect from the starting date of H1B approval, because of my unlawful presence)? 

4) In the above case how soon I should leave the country? I am well settled here. Have a new house and a car and stuffs like that. I would need some time to wind things up.

Kindly reply asap,
EK

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H1B petitions are per se LCA specific. One cannot work from home (even with manager consent) or remotely until one has certified LCA for the same after completing the Posting requirement for 10 business days.

 

NOIR is a very serious development as it's based on report submitted by FDNS site visits officers. Usually, your employer must have such information in their immigration records as we as an Immigration personnel has to record all such crucial things for future action. Please check with your Immigration team.

 

Will be good if you speak with you employer's attorney or attorney from this firm. 

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EK,

 

You're in a truly unfortunate situation. I had the same issue, got a NOIR on an H1 that had been approved 3 years back, and I already had approved I140. Few things to keep in mind -

 

1. You have only until July 12th. USCIS does not give you even a single day after July 12th - they can (and will) disregard any evidence you submit after July 12. So hurry up.

2. They can potentially revoke your H1B from April 2013, which means that you will be out of status from April 2013 to current. Since you will be considered out of status for more than 180 days (read up on this on the internet), your green card will not be approved.

3. Since you will be considered out of status for >180 days, they will revoke any subsequent H1B applications - meaning changing employers, going to india etc. will not help also. And, they can potentially ban you from entering the US for 3 years or something like that.

4. I said "potentially", meaning, they can decide not to revoke it from April 2013 and instead do it from June 2014, when the NOIR was issued. That is a better scenario, because then you can then change employers, BUT, it's a pretty big chance and I don't think you should let them revoke it and take that chance.

5. If all this bad stuff happens, they're probably gonna take 2-3 months to revoke your H1B. That should give you sufficient time to dispose of assets. And please, do not advise anyone to buy a house on H1B, you might as well shoot yourself.

 

Things you can do -

1. GET A GOOD LAWYER - do not go with just any lawyer who does not have experience dealing with NOIRs. Do some research and find a good one (Murthy is good) - be prepared to shell out money.

2. No need to say that you were working from home due to kid etc. - that has no bearing on the case. You can show that you were only temporarily working from home - you can say that it was only an exceptional day that you were working from home. Submit evidence to back that claim (any travel records, letter from client company. lawyer can advise more on this) Again, you only need to show that you were working in the office in April 2013. If things changed after that (e.g. in 2014), that has no bearing.

 

Your NOIR is still better compared to others - you just need to prove that your work location was indeed the client site and you were at home as an exception only.

 

All the best, hope you learn from this experience and come out successful.

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2. No need to say that you were working from home due to kid etc. - that has no bearing on the case. You can show that you were only temporarily working from home - you can say that it was only an exceptional day that you were working from home..

No, he can NOT say that unless it was actually true, and his post already showed that it would be a lie.

You advise him to see a good lawyer, and in the next sentence, you tell him to lie... These two things don't work together.

A lie can result in a lifelong ban!

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EK,

 

You're in a truly unfortunate situation. I had the same issue, got a NOIR on an H1 that had been approved 3 years back, and I already had approved I140. Few things to keep in mind -

 

1. You have only until July 12th. USCIS does not give you even a single day after July 12th - they can (and will) disregard any evidence you submit after July 12. So hurry up.

2. They can potentially revoke your H1B from April 2013, which means that you will be out of status from April 2013 to current. Since you will be considered out of status for more than 180 days (read up on this on the internet), your green card will not be approved.

3. Since you will be considered out of status for >180 days, they will revoke any subsequent H1B applications - meaning changing employers, going to india etc. will not help also. And, they can potentially ban you from entering the US for 3 years or something like that.

4. I said "potentially", meaning, they can decide not to revoke it from April 2013 and instead do it from June 2014, when the NOIR was issued. That is a better scenario, because then you can then change employers, BUT, it's a pretty big chance and I don't think you should let them revoke it and take that chance.

5. If all this bad stuff happens, they're probably gonna take 2-3 months to revoke your H1B. That should give you sufficient time to dispose of assets. And please, do not advise anyone to buy a house on H1B, you might as well shoot yourself.

 

Things you can do -

1. GET A GOOD LAWYER - do not go with just any lawyer who does not have experience dealing with NOIRs. Do some research and find a good one (Murthy is good) - be prepared to shell out money.

2. No need to say that you were working from home due to kid etc. - that has no bearing on the case. You can show that you were only temporarily working from home - you can say that it was only an exceptional day that you were working from home. Submit evidence to back that claim (any travel records, letter from client company. lawyer can advise more on this) Again, you only need to show that you were working in the office in April 2013. If things changed after that (e.g. in 2014), that has no bearing.

 

Your NOIR is still better compared to others - you just need to prove that your work location was indeed the client site and you were at home as an exception only.

 

All the best, hope you learn from this experience and come out successful.

Thank you for your response. IO visited client location on Tuesday, I was there in their till previous Friday. It was a bad timing.

 

I am interested to know what you did to overcome this situation? I am planing to change employer before USCIS make any decision on this H1B. I heard from an Attorney that that would be my best option in this situation.

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No, he can NOT say that unless it was actually true, and his post already showed that it would be a lie.

You advise him to see a good lawyer, and in the next sentence, you tell him to lie... These two things don't work together.

A lie can result in a lifelong ban!

I am not planning to lie in any case.

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