NOIR on H1B for Numerical Limitations Excemption


#1

Hi - I got my initial H1B approved in June 2014 through company A. Then in November 2015 I applied for a H1B transfer with company BB and that was approved November 2016 since it was regular filling not premium took long time.

Now in Oct 2018 I applied for H1B extension with the same company BB - I got a Notice of Intent to Revoke.

This notice says that when company AA filled my initial H1B in 2014 they filled under ‘CAP Exempt’.
They did not notice it on the later petition for transfer to company BB as well in 2015 so approved it.
Now since they saw that the initial petition in 2014 with Company AA doesn’t fall under CAP Exempt - they are giving this notice to revoke my H1B.

I need to submit additional evidence in next 30 days or the petition will be revoked automatically.

So my question is what kind of evidence/ documents so I need to submit and what should i try and prove here?

please note: only company AA lawyer took care of my initial filling and I dint knew any of this until now when I just got the notice.


Travel just before h1b lottery
#2

In a nut shell, due to the mistake by USCIS, you are able to have H1B status for all these days. Your initial H1 petition must have denied at the very first, which was not done.
At this point of time, the NOIR is valid, you may not be able to prove that USCIS must be dumb even now also.
So, you have to stay out of the country for at least one year and file a new H1 under CAP.


#3

Agree with @ImmiGeek. Unless, if you have access to the very first I-129 form copy and it was otherwise…but the odds of that being cap subject are very low I guess…so, nothing can be done, it is a clerical issue, but cannot help it now I guess…unless there is another way you can prove that the original petition was not filed as cap exempt… Discuss with your old attorney and see, if you can do something.


#4

HI ImmiGeek and Kumar - But at that time when we first filled the petition in 2014, we got an email from then employer company A - saying that my petition is picked in lottery and … is my receipt number. if it was filled CAP exempt why would we receive that email? Agree, we need to look at the initial I- 129 for any further clarity.

will USCIS send an email or any document specifically mentioning that my H1 is picked in the lottery or is it just the receipt notice?


#5

This should be a question to your employer/who ever sent that email to you.

Your employer/lawyer would receive a communication of the active petition when there is any action on its processing.


#6

Thank you very much ImmiGeek - I am trying to get in touch with the initial lawyer who filled my petition. I will prepare a list of all these questions and ask them, I will get back with what they has to say.