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Immigration Issues/221(g) H1b refusal - - Amendment - - USCIS NOIR

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Question
Hi,

My H1B petition with employer Miracle Software Systems, Inc. was approved in 2009. It was valid till 2012. I went to India in May, 2011 for visa stamping and I received a 221(g). After two months of waiting, my visa was officially refused and I received a letter saying my case will be sent to USCIS with a recommendation to revoke my petition as my I-129 did not reflect my actual client details. My LCA did mention that I will be working at a client site.

After finding out about my visa refusal, my employer filed for an amendment with the client details and it got approved and USCIS sent a new petition. I reappeared for my interview with the newly approved petition and received the visa in September 2011.  

The USCIS contacted my employer on 2/17/2012 with a NOIR for my old (original) petition. How should we respond to this? Will this affect my current petition (amended) in anyway? My visa is valid till Aug'12 and my employer is planning to file an extension in June. Will there be any issues in obtaining future extensions?

Thank you in advance for your time and effort in answering my question.

Regards,
parthava

Answer
Hi,

I recommend that your employer respond to the NOIR. Hopefully it will be approved, as the amendment approval is dependent upon the underlying H1B petition which is now in danger of being revoked by the USCIS.

I also recommend that your employer file for your extension of H1B status now (but no earlier than 180 days prior to I-94 expiration). Extension of status can be approved even if the original H1B petition is revoked by the USCIS and will provide additional options for your employment and residence in the U.S.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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