Notice for Intent to revoke - I129 , PETITION FOR A NONIMMIGRANT WORKER

USA H1B Visa
1

Hello Experts

I got my H1B stamped in Dec 2012 for 2013 quota. My employer provided me a client letter/SOW from one of her client A in Nov 2012. By the time I came to USA in Mar 2013 the position at client A got closed. That project never kicked off.

I started looking for a new project once I got here and got one at client B by end of Mar 2013. My employer did not file a new LCA as this new client B was within 50 miles of client A location. After spending 3 months there at client B, I started another project at client C in Jul 2013. In Aug 2013 my employer went ahead and filed an H1B amendment which is still under processing.

Meanwhile last week I got an email from USCIS since I subscribed for email notifications on my original H1B petition application saying that.

"Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Your Case Status: Post Decision Activity

On October 2, 2013, we mailed you a notice indicating we intend to revoke the decision made on your case. That notice will explain in detail what action we intend to take. Please read it carefully when you receive it. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address.
"

This week my employer received the notice in mail as well. I have not seen the notice but the reason for the notice is "USCIS called the client manager for client A and asked if there is any project that was mentioned in the SOW. And the manager said no to that since the project never started.

My employer is preparing a response for USCIS. I was browseing over the web and people mentioned that getting an H1 Transfer asap to a new employer might help me avoid the “out of status” if USCIS is not satisfied my my employer’s response. My worry is if I go for H1 Transfer will USCIS reject that transfer as my original petition mentioned a project that never started.

Also since the H1 Transfer will take couple of weeks even if it is done on premium, should my employer respond to the notice with relevant documents while the transfer is in progress?

Please let me know what are my options here.

thanks…NG

2

Contact an immigration lawyer immideatly!
Were you ever not paid during that period?
Keep al your documents ready…make sure you are paid through yor employment period

3

Thanks a lot SnowWinter for your reply. I will be talking to a lawyer soon.
There was a period of 4 weeks after I finished my project at client B and before starting at client C when I did not get paid.

4

What happend your case? I was received the same notice? What are all things needs to be taken care. I am in India right now. What can i do now?