USCIS started to send notice of intent to revoke (NOIR) for H1B applications that were approved in past as soon as the Trump government came to power.
The most common case for NOIR is when your first lottery selected H1B was approved for in-house project for an IT consulting company. It does not matter whether you are currently working for the same first H1B employer or not.
This article will discuss:
What Can happen If you Get NOIR?
Getting a notice of intent to revoke on your first H1B can have serious affect on your current approved H1B as the initial cap count is now invalidated by USCIS. Many people have received this NOIR even when their H1B was approved in lottery starting 2015 to today.
USCIS FDNS unit – Fraud Detection and National Security unit is making H1B site visits and specifically asking if the first H1B approval was for in-house project or not. FDNS unit is going back at-least 5 years to check for H1B approvals.
Many people have specifically received NOIR after the USCIS site visit as the inspecting officer reported that
- Earlier H1B petition was approved in error (i.e., it should not have been approved) due to in-house project OR
- Inspector finds change in your job details which makes the H1B un-approvable now.
- Issued NOIR as you did not file H1B amendment for new Job function – MSA change
Your approved H1B transfer will also be invalidated if the first lottery selected in revoked. You can no longer work for current employer.
H1B lottery application approved from employer A in 2015. You filed an H1B transfer in 2017 and started working for employer B in 2017. You filed another H1B transfer to employer C in 2019 and have started working after H1B approval.
If you get an Notice of Intent to Revoke your first employer A’s H1B which has already expired in past, and USCIS finally revokes it, you cannot work for current employer C.
You cannot even go back to work for employer B in this case even through their H1B might be valid at this time.
A recent update from RN Law group with respect to USCIS NOIR for H1B applications: Listen from time 1:24 to 4:15.
Open link in new window.
What is Notice of Intent To Revoke?
Referring Wikipedia and presenting the NOIR in laymann’s language, NOIR is nothing but a denial of your H1B petition. NOIR can be issued for any past H1B approvals which may or not be valid today.
USCIS does give you a chance to prove as to why they should not revoke your H1B approval. If you and your employer can frame a strong response with the help of an attorney, it is possible that your NOIR is taken back by USCIS.
Time to Respond to NOIR
USCIS gives a specific time frame to respond to NOIR notice which is usually 30 days. If you do not respond within the allowed time, your H1B will be automatically revoked.
You can ask for extra time to respond if the documents requested would take more than allowed time.
Your current H1B applications stays valid and you can keep working after issuance of NOIR until the NOIR is finally implemented and H1B is revoked.
How to Respond to a NOIR?
You should answer each and every question asked in NOIR letter by USCIS. Usually, the NOIR would ask to prove the
- H1B Specialty Occupation
- Employer Employee Relationship
You should submit documents related to your job preferable in addition to what you had submitted in your first H1B application.
Make sure that you do not make the mistake of writing vague job description as happened in this H1B QA Analyst job which was ultimately denied by USCIS.
USCIS RFE vs NOIR vs NOID
RFE (Request for Evidence) is different than NOIR.
RFE and NOID (Notice of intent to Deny) are issued for currently pending H1B applications that have not yet received any result.
NOIR is issued for H1B applications that have already been approved in past.
Form 221g NOIR – US Embassy
Your H1B petition can also get a NOIR if the US embassy visa officer thinks that you are not eligible for H1B even after USCIS has approved your petition.
- This has been reported by one of our guest who got the form 221g NOIR after H1B interview at Mumbai consulate even when he was working full time with US employer.
- Another H1B worker got a Notice of intent issued by Mumbai US embassy after working in US for more than 6 years and multiple extension approvals by USCIS.
USCIS can issue NOIR anytime. Many people have received NOIR notice for their first H1B that was approved in lottery around 2015.
The the NOIR is finally approved, your current H1B also stands invalidated.
Sample appeal rejected by AAO office in one case where the IT consultant was issued NOIR:
Open link in new window.
Source: USCIS NOIR