Spouse changing job because of NOIR, when my H1B petition is filed


I am currently in US on H4 visa. My wife’s H1B visa is valid till 31st Dec 2014.

My employer will be filing my new H1B with USCIS on April 1st 2014, for the next calender year 2015. In case my petition gets through, I am eligible to start working from October 1st 2014. My current petition is filed with my I-94, also valid till 31st Dec 2014.

Currently, my wife is looking for a job change, because of Notice Of Intent to Revoke (NOIR) from USCIS last month. Her employer has already responded to the notice and is confident that her case is normal and that USCIS will accept their response and cancel her NOIR. But some of our friends are cautioning against this. That in most NOIR cases, USCIS will revoke her petition. So its safe to look for a job change.

In this context, I have the following questions.

  1. If my wife changes her job now, will it affect my petition in any way?
  2. Are NOIR cases ALWAYS risky to wait over?

Please let me know your response.



Hi Charaviz,

NOIR issuance is a normal process and 1 out 10 specialty workers receive it. If the employer is confident, then NOIR will be quashed. Your wife however need to know why the NOIR was issued in the first place and how the employer responded to it. Your petition stays unaffected by all this as everything was current on date of filing for you unless you filed the petition after NOIR was issued for your wife.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

Hi Shankar,

Thanks for your reply.

Actually my petition will be filed tomorrow. So if my wife switches company after that, she will get a new petition and I-94. Since my petition is filed with the current I-94 (valid till Dec 31st 2014), will the new I-94 (due to my wife’s visa transfer) will affect my petition in any way. Will I need to go for visa stamping with new I-94 before I start working (Oct 1st 2014)?

Please clarify.


It stays unaffected. Wish you the very best