View Full Version : NOIR on H1...Can I shift to EAD before USCIS decision

01-02-2016, 10:49 PM
Hey guys. I would really appreciate all your inputs..
Here is my situation.
I moved from Client 1 to Client 2 in Jan 2015. Filed just LCA but no amendment.
Had a client visit in Jan 2015 @ Client 1, contacted my employer and he redirected to Client 2.
Spoke to USCIS officer, send all the docs requested in April 2015.
Thought I escaped from NOIR after the Simon amendment that came in Jul 2015 but I am not that lucky i guess...
In the last week of December 2015, got NOIR on my H1 (Haven't received the physical copy yet).
In Nov 2015, filed I485 and I am expecting my EAD sometime in January.
I am planning to file amendment by taking advantage of "Safe harbor" period and hopefully everything turns out good...
I am with same employer who filed my I485.

Have couple of questions on backup plan ...

1) Has anyone shifted to EAD AFTER they received NOIR on their H1 AND before USCIS making a decision ?
2) Does shifting to EAD and requesting for cancellation of H1 through employer before USCIS making a decision causes any issues during I485 time ?
3) If USCIS makes a decision on revoking from the date of initiation of my H1 (from Dec 2014), would that impact my 485 (which was filed in Nov 2015) ? I have been reading contradicting answers as someone says we need to be legal while filing I485 and future decisions will not affect past actions AND someone says there will be impact as 485 is based on the H1.

Has anyone been through this type of issue ? If yes, can you please share your experiences.

Thanks in advance guys..