My Employer is a consulting company, filed my visa with client letter A and I got H1 approved and traveled to US. Once landed my employer had me interviewed to different locations, they informed that project at the client is taking time to start so they asked to give interviews to other locatoin… after 1 month I got selected and started working for new Client (Not the one mentioned in original petition).
After 6 month I changed employer (for better pay), however end client was same. New employer filed visa transfer which is in case received state since last 10 months (Usually takes about 8 months). I inquired with new employer to query about my status to USCIS and USCIS responded that they can not give any time by when they would decide it. Meanwhile I checked earlier approval status and it shows that USCIS sent notice of Intent to revoke earlier approval in Dec 2015 (I entered in US Jan 2015).
Question 1 - Will there be any issues for my transfer petition since original approval is under intent to revoke status?
Question 2 - If there is any issue, what are my options to continue working / staying in US?
Question 3 - If earlier approval is revoked before the transfer is approved, what would happen, Do I have to leave country ? If so how soon?
Question 4 - If USCIS revokes previous approved case, from which date it would be revoked?
Question 5 - My new employer is suggesting to go for F1 or H4 status or continue working until decesion comes and they are pretty sure it would be denied… They are not giving any details for the same.
I also contacted my earlier employer, they are not doing anything to respond USCIS about revocation notice.
Please help urgently.
Hi Saurabh, Please see answers below -
- When did you leave old employer, and when was the transfer petition filed?
- I left old employer in Oct, but petition was filed in June 2015.Payroll with new employer started from Oct 2015.
- Was the NOID issued b/c old employer has asked the petition to be withdrawn or USCIS did on their own?
- USCIS did on their own, Old employer did not ask to withdraw it.
- Does your new employer/attorney know that you worked at a client location which is not approved in your LCA and without H-1 amendment?
- Honestly speaking, New employer must know everything (I am not sure) since new employer is getting all visas transferred from Old employer. It was actually Old employers decision to transfer my visa to new one with better pay. I never asked them to do so.
You have following issues:
-
USCIS issued NOID on their own. So they may have discovered something to make the original petition ineligible. Is your old employer under investigation? Recently, there was a H-1 employer under investigation for various kind of frauds.
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Your old employer didn’t file for LCA and H-1 amendment as they should have.
Looks like old employer knew that something was going to happen and then moved all employees from under them to new employer. Are you sure the new employer is not in bed with the old one as they are intaking all employees from them. Do you know what has happened to other transfer petitions filed from old employer to new one.
I suggest talking to an independent attorney to get the best advice. IMO, knowing that there is some issue, you should leave US until all this get sorted out. Legally, you are allowed to stay in US until your transfer petition is denied, as it was timely filed.
Filing COS to H-4 or F-1 may not work as under current legal status may be questioned. A good attorney can comment on this with more surety.
Thanks for your reply Saurabh, I will be talking to independent attorney today. I have no idea about what is the issue at my old employer.
Do you know if old petition is revoked will it make immediate denial of transfer as well. I have no idea about all this until last week, If at all I have to leave I need some time to wrap up/ sell off stuff and make travel arrangements too.