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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Original H1B petition with sponsor company A approved on

Customer Question

Original H1B petition with sponsor company A approved on October 2014 status now changed to NOIR on Dec 30 2015. Company A merged with company B. As part of this merge company A informed me that they have applied for Amendment with new LCA on regular processing on August 25th. Meanwhile that being under process I got this NOIR on my current original H1B petition. Now, in this mean time I have got another offer from a new employer Company C and they have applied for my H1B Transfer on Dec 16th. Now, my question is
1.will this transfer process to new employer company C be affected by any means due to this NOIR on my original H1B petition?
2. My employer said will respond to the NOIR but I am worried why it was sent may be because I am not working in that location mentioned n my original petition but working in a different location? If that's the case will the amendment application filed by my employer do any good? Before USCIS takes a decision
3. How much time does a regular H1B tra
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

1.will this transfer process to new employer company C be affected by any means due to this NOIR on my original H1B petition?

Yes it can because the original petition is the basis for you having H1B status. If it is revoked then it wipes out his H1B legal status despite a chance in employer.
2. My employer said will respond to the NOIR but I am worried why it was sent may be because I am not working in that location mentioned n my original petition but working in a different location?

I would suspect that the fraud unit contacted the original place of employment to check if yo wee there, they do random audits. Once they found that out they did the NOIR.

If that's the case will the amendment application filed by my employer do any good?

Which employer filed the amendment?

Before USCIS takes a decision
3. How much time does a regular H1B tra

The transfer will not be approved until the NOIR is sorted out.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
My current employer who sponsored my h1b visa as applied for amendment post their merge with new company as they have moved all.employees to the merging company. It's in different location and so a new LCA and amendment was filed on August 25th.
And we also.got the receipt copy for this amendment. Now looks like the fraud unit would have visited the earlier location mentioned in the original petition and sent noir on December . But employer as filed amendment on August itself. Would uscis not know about the amendment in process for location and employer merge change. Please clarifyAlso most of your answers are contradictory to some other Immigration lawyers answered for similar situation
Expert:  Judith replied 11 months ago.

It is not uncommon for the fraud unit to check newly filed petitions for amendments. They are given a file and told to go to the location and verify employee is on site.

As for your last comment, I have no response. I stand by my answer based on my 35 years of experience as a business immigration attorney in WDC where I was involved in many many such cases.

Whether you want to say I am lying, is hurtful, but your option.

Judith

Expert:  Judith replied 11 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful. Experts are only compensated for their time if you give a positive rating.

I did not control the process. Unfortunately I have no ability to work magic. I can only give an honest answer.

Judith