Hi
My situation is little complex . I got 221g white slip during VISA interview. The reason was that NOIR was issued at the same time I left to India for Interview .
The reason for NOIR was client visit at Client A and my project with client A got over a week before the visit.
I was working for Client B , 20 miles from Client A , so amendment was not filed.
My attorney responded to the NOIR stating the same fact. Now I am worried if my H1 would be revoked.
Do my employer need to file an amendment . if yes then is there any chance of approval in Premium processing?
Has the US embassy asked you to submit any documents?
They did not ask me any during interview . But two days after the interview i emailed them then they asked me few client related documents like SOW/MSA , Client letter, LCA , I129 . after i submitted they replied my case is under administration processing by USCIS
Did you knew about your NOIR before your H1B visa interview?
No I didn’t , if i did my employer would have never allowed me to travel
What has been asked in NOIR?
Site visit happened and benificiary not found , why was amendment not filed
The H1B amendment is required if the MSA (Metropolitan services Area) changes from one location to another or there is a change in job description or any other material change.
If your attorney analysed and found that Amendment is not required, then did they post the LCA on new location?
In case amendment is not required, you can work only after posting LCA.
You can file an Amendment now if it is really required but since USCIS has already caught you without amendment, it will be counted as a ‘out of status’ time and a violation of H1B terms.
This is a difficult situation and you should talk to your attorney to understand what all they did before you started working on new client location.
Hi , it doesn’t matter if I am out of status because I am currently in India. Can I still file for amendment for the same client while I am in India and get my VISA approved?
Yes , I am still with the same client . But will filing an amendment now won’t correct the issue? Reason for late amendment could be due to work location within same MSA ?
also i was thinking since I am out of US , wouldn’t filing a new petition now be helpful since I am still under Cap exempt ?
I want help with option is available for me to save my H1B
Can you share it here? I will be able to guide better if you can share more details about what is written in NOIR as the reason for revocation.
On the other hand, your H1B is not revoked until a final decision has been made by USCIS. You can file an H1B amendment if your employer is willing to do it.
But my employer gave me an outline as to what caused the NOIR.
site visit done and employee not found, they consider me out of status since amendment was not done (assuming I work in some other MSA i guess).
Also my employer had just send the documents for amendment today in PP.
Can refiling H1b with the same employer by correcting the mistakes be an option if in case something happens to amendment?
Also if amendment gets approved then can i get my VISA stamped with the approved amended petition?Sorry I am asking too many questions.
I can understand your situation and anxiety. But, the problem is that my answers will not be useful if you are just ‘guessing’ what all has happened.
You should know if the new work location is in a different MSA or not as compared to previous location.
You can check yourself using this MSA search website.
If the reason of NOIR is ‘Amendment not filed’, then, the USCIS officer has probably judged that amendment was required and your employer did not file it.
Amendment decision is not simply based on MSA. You have to keep in account the job description changes, role and responsibility changes too.
Is this your first H1B that was selected in cap subject Lottery?
You should know if the new work location is in a different MSA or not as compared to previous location. You can check yourself using this [MSA search website]
Just checked this, it comes under same MSA
Amendment decision is not simply based on MSA. You have to keep in account the job description changes, role and responsibility changes too.
Job Title is same , roles and responsibilities haven’t changed significantly . It’s the same development skillset.
Is this your first H1B that was selected in cap subject Lottery?
If the job has not changed and MSA is same, then you should be fine with your attorney’s response to USCIS NOIR.
But, final decision will still be made by USCIS officer and his observations when he visited your office.
One more thing, was LCA posted at new located before you started working there? LCA posting is required even when you are not required to file H1B Amendment.
One more thing, was LCA posted at new located before you started working there? LCA posting is required even when you are not required to file H1B Amendment.
This is not done , I am not sure if my client allows such posts . But how can USCIS verify this?
The client and your employer HR has to keep a record of LCA posting. Everything is checked.
USCIS is looking for each bit and piece to make sure you follow the law. Client has to allow it and provide a proof that LCA was indeed posted in publicly visible area at your work location building.
But the question which is running in my mind is . I have seen cases where people are going for stamping with approved amended petition. In my case if my amendment is approved then can i reschedule the interview with newly approved petition number and withdraw the old application ?
