How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118689
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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 transfers take? What if USCIS takes a decision to revoke my original H1B can the transfer still be applied?
4. My H1B is stamped and my i94 is valid till August 2017 so can I legally stay in US till my i94 expiration depending on what ever decision comes?Please do clarify me. I am in a very critical situation and need some one to throw some light.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) The notice of intent to revoke is not going to impact your switch to the new company, Company C. The notice of intent to revoke is issued because they have not completed the switch from company A to Company B and the USCIS has notice Company A has gone out of business (technically) as they have merged with Company B and Company B needed to change your H1B to them. If they submitted the paperwork for the transfer of the H1B to Company B, then this is a paperwork matter that needs to be corrected.
2) Your employer is responsible to correct the matter, as they are telling you. They do so by sending USCIS the proof they filed the transfer paperwork over to Company B. Once Company B sends in the proper paperwork, then USCIS will not revoke. Typically the change takes 1- 3 months for them to complete, but they will not revoke you during the process as long as your employer shows they sent in the proper paperwork.
3) Generally, the change can take 1-3 months, but during that time your visa is supposed to be valid and it is up to your employer to provide proof all of the proper documentation for the transfer has been submitted. Also, during this time if Company C submits a transfer of H1b on you, then this would also stop them from revoking your visa.
4) If they revoke your H1b, regardless of the date stamped on it, you have to leave in a reasonable time, which is generally 30 days or less.
Customer: replied 1 year ago.
Thanks for your response. I have below further questions on this matter
1. Once my current employer submits the proof related to my NOIR, that already an amendment is filed with uscis with Regards ***** ***** in my employer to merged Company b with new LCA then uscis will take the decision which might take 1 to 3 months is it? My question here is we have received the receipt from uscis on August 25th and post which my payroll is run by the merged Company B is it legal or we should have waited until amendment gets approved? Will this be a problem to take a decision on my NOIR?2. I have a valid i94 till august 2017. So still you mean to say I will have only 30 days or less to leave usa if incase my original h1b gets revoked post this noir?3. Also will this noir delay the process time of my h1b transfer to employee C? If no let's say that gets approved but my NOIR decision is to revoke what are the adverse effects? Would the transfer be invalid or I can just start to work for company C?4. Because company C as applied for H1 b transfer based on my original h1b petition with company A and all proofs are provided with company A like pay stub etc. So now since that h1b is in NOIR on what basis would they continue my transfer application with company C. Are they 2 different entities or correlated?Please please clarify. Would be very useful
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
1) Your employer must straighten out the merger issue first, so Company B must get those documents in and it may take a few months now for them to fix it, as I said above. In the meantime once they have filed the proper modifications the employment of you continues. The new company, C, cannot submit the transfer and you cannot work for Company C until this is fixed.
2) Yes, if the H1B is revoked you must leave the US immediately within a reasonable time (taking into account the time it takes you to wrap up your affairs in the US in a reasonable time).
3) The NOIR itself will not delay your transfer to Company C, as stated, what will delay the transfer is your Company B not getting their transfer to their company completed first, because as long as that is pending, the transfer to Company C cannot be completed.
4) Your company C transfer is on hold now until Company B fixes their situation with the merger.
Customer: replied 1 year ago.
Just to reconfirm on your earlier answer
You had mentioned in your initial response tat this NOIR will not impact my transfer to company C but now you had mentioned I cannot transfer my h1b until the noir is sorted out and my amendment is processed. Please clarify.2. My amendment with the merger company was filed 4 months back on August what is the timeline for h1b amendment regular process? In between this being under process got NOIR for my original petition on Dec
So now what will happen to those in progress cases? Which one will take precedence.Also my transfer to company C was filed even before I received the NOIR will they not start processing it? Usually employee can start working as soon as they received the receipt right?Please clarify me
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The NOIR all alone is not what impairs Company C from transferring the H1B, what impairs Company C from transferring the H1b is the PENDING request from Company B to modify your H1b. Until the current H1b is modified, company C cannot do anything.
The amendment should have been approved in about 3 months, but if something was lost or USCIS missed something then your company needs to get that fixed so the amendment is approved and once the amendment is approved Company C can proceed with the transfer.
The employee cannot start working until the H1B transfer is approved. So Company B has to get this fixed so Company C can get the transfer approved.