View Full Version : Received NOIR on Approved H1B petition

03-22-2013, 02:20 AM

Need your help. Im in weird situation. I had my H1B extension approved till Apr 2013(notice date May 2011). Went to India in 2012, had my visa stamped as well till April 2013. Last year, I have my I-140 approved and the status is valid till Aug 2016. Right now, Im in India, so went to visa stamping based on I-140 approval and VO said my visa is approved(even the passport tracker shows that my passport is in transit to the destination). But, today I got an email from my employer that USCIS sent NOIR for my petition which is expiring in Apr 2013. Now,

1)Can I travel back to US with my latest I-140 visa stamped till Aug 2016?
2)Why do we generally get NOIR? My employer has no clue why we received that
3)Will this NOIR affect my newly approved petition also? Or in the matter my GC processing?

Any help or suggestions in this matter are highly appreciated.

03-22-2013, 05:03 PM
NOIR is not revocation and it is only a notice of intent. Since you have a Visa stamp on your passport, I advise you to get back to USA and consult a good attorney to help you fight the case with USCIS.

Do not depend on the responses of these forums. Consult a qualified immigration attorney (not the free ones who reply on forums) about your options right away.

Good luck,

03-22-2013, 05:23 PM
Thank you Nag. Im with a very reputed firm in US and my immigration team has already started discussions with the lawfirm. Thanks again for your response.

07-02-2013, 08:41 PM
USCIS site today shows that "previous decision made on this application was revoked". So this means, my previous H1b has been revoked. What are the consequences? Im on approved visa from I-140 now, should I leave the country ASAP?