Hi
I am working for employer A and currently on H1B.
My H1B was approved on FEB 2018
My employer received a notice: Intent to Revoke (NOIR) from USCIS on my H1B.
It state’s that:
"It has come to the attention of USCIS that your organization has filed 14 petitions for H1B visas. Of these 14, it was found that every beneficiary would work on-site at your office location.
In one of the petitions a virtual office agreement was submitted, which suggests your company may not have enough available space for the 14 beneficiaries. Furthermore, the office agreement appears to indicate it is to be used solely for mail receipt purposes. During an investigation, a representative from your organization told USCIS investigators that the office space could not support 14 employees.
Each petition listed the same end-client XXXX. It was discovered that this end-client is either a fictional or illegally operated company. The end-client’s representative was interviewed and found to be not credible. The end-client’s address is a residential apartment in Canada. Finally, it was discovered that the end-client’s website was developed the week prior to filling the first petition.
Therefor it does not appear you organization has qualifying employment to offer the beneficiary.
submit evidence to overcome the grounds for revocation.
A final decision will not be made for 33 days. During that time you may submit evidence to overcome the noted reasons for revocation.
In accordance with Title 8 code of federal Regulations,
Section 103.2(b)(8)(iv). an extension of time to repond to this notice cannot be granted. If a response is not received on or before Feburary 13, 2019, a final decision will be made based on evidence."
In MAY 2018 I have applied for amendment since I got new project at different client and it was approved.
My concerns are:
1. Can I transfer my H1B to different employer as I have 20 days, will this problem be
resolved ?
2. Is there a chance of applying change of status from USA if I have PHD admission in my
hand ?
3. If I go back to india and apply for H1B again with different employer, will there be a black
mark in my records and what are the chances of approval at visa stamping in india?
4. If I went to india can I come back on F1 Status ?
Please advice
Thanks.