NOIR - Intent to Revoke Notice on approved H1B petition

Hi,

I recently filed for an H1B extension and got approved for 3 years in August. (My initial H1B was approved for only 8 months and expired on September 30) and today I received an email saying “intent to revoke notice was sent” with a previous receipt number and the status with the latest receipt shows as “approved”. Does it mean that my H1B revoked? Did anyone face with the same issue recently? From initial H1B to now, I have been associated with the same employer and same client. Will this be any help if I move to other employer? can you please comment. Thank you for the suggestions.

(Still, I didn’t receive the notice and also during my initial H1B process, I received one RFE and submitted documentation and once after that, there has been a site visit and site visit went fine and was able to answer and provide answers to all questions during site visit and then H1B is approved with COS denied. Hence, I have to leave the country to get stamping done(with 221g))

@Anil_Gupta: can you please share any of your suggestions? Thank you!

Hi,

I received NOIR notice today - it is due to not meeting the wage levels. I tried to explain the sequence of events.

  1. Mar 2019: Filed H1B petition (and got picked). (from employer “A” and client “B”), with LCA meeting the wage level from Oct 2019.
  2. Aug 2019: Received RFE(maintenance of status) during Aug 2019
  3. Sep 2019: Submitted response for the RFE.
  4. Oct 2019: Officers came for a site visit to client location (client “B”).
  5. Nov 2019: Site visit officers made a phone for additional docs. (paystubs, manager details…)
  6. Nov 2019: Provided the last three months paystubs - Oct 2019, Sep 2019, Aug 2019. These pay stubs reflect the non-H1B wage level. (won’t meet the wage level specified in LCA).
  7. Dec 2019: Visa is approved but with “change of status(COS)” is denied.
  8. Dec 2019: Left the country to get visa stamping in home country.
  9. Jan 2020: Attended visa and received administrative processing - 221g white slip.
  10. Jan 2020: Got the clearance for 221g, within a week and visa is approved (for 9 months) in the mid of January.
  11. Jan 2020: Came back to the United States by Jan end.
  12. Feb 2020: Employer “A” started paying the wage levels specified in LCA since H1B period is kicked off.
  13. Aug 2020: Filed for H1B extension (with the same employer and same client). (Expiry of visa was in Oct 2020)
  14. Sep 2020: New petition for the extension is approved for 3 years.
  15. Oct 2020: Received NOIR - intent to revoke notice on initial petition - saying during the site visit (Oct/Nov 2019) the wage level was not meeting the prevailing wage level.

Questions: Does employer need to pay the prevailing wage levels as specified in LCA from month of October ? or is it okay if they do it once the petition is approved ? when does prevailing wage levels should really start? How difficult is prove our point in this case?

Thank you for all the suggestions!

Hi Abhi,

Sorry to know about your situation. I too had the same issue but since it was not my first employer on h1b I was able to change job before any decision could come on NOIR. Had similar issue of difference between LCA salary and actual salary of $700. What I can suggest you is that you should send salary slip from the date H1B started to till date and you must show that you are getting actual salary as per LCA, Be it monthly or a bonus if you can show for this duration. Again since this is your first H1B it is not possible for you to change the employer.

Thanks!
Abhishek

Thanks Abhishek!

yes, I’m sending all the paystubs, bank statements and W2s from Jan2019 to till date (as mentioned in the notice). Can you think of any other supporting documentation, that would enhance the situation?

Thanks again!

If you have recieved the some amount of salary as some bonus then may be take a letter from your employer that they pay some amount periodically. Example - LCA Salary lets say if 100k then in that financial year you should show that you are getting an amount that will be 100k

I suggest to read this:

Hi @Abhishek_Chauhan your NOIR is approved or do you transferred? Can you get your mail or number I am in same position, I need some information.

@notmytime I am also in almost same position, can you give me your number will call and discuss about more information.

Thanks
Sam

email me at abhishek5378@gmail.com

Thank you @Anil_Gupta !