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H1B Transferred NOID and Impact life time

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  • H1B Transferred NOID and Impact life time

    Hi Team,

    I am working in USA on H1B since 2010, Recently i have been applied Full-time position, when new employer applied H1B transfer
    USCIS send NOID and gave reason below


    """Here, USCIS records show, and you also ackowledge, that the beneficiary was initially approved for the
    fisacal year 2008 H-1B cap to for Company A with USCIS receipt number "ABCD". USCIS records also show that
    the beneficiary was never admitted or otherwise obtained H1B status under petition "ABCD" H-1B cap case


    On April,2009 USCIS automatically revoked the approval of the "ABCD" filing bacause Company A withdrawn the
    petition. The beneficiary made his initial H-1B Admission on June 3,2010 or after USCIS had revoked the
    petition "ABCD" case. thus, pursuant to CFR $ 214.2(H)(8)(ii)(C), the H-1B cap number that the beneficiary
    obtained with the "ABCD" case was taken back. Subsequently, the beneficiary was erroneously approved several
    times as an H-1B Cap-exempt worker even though he lost that H-1B cap number on April 6, 2009
    "
    As such, the Beneficiary is not eligible for H-1B Cap exemption under this criterion."""


    2009 CAP file was withdrawn and not aware and 2010 When Company B filed H1B on Cap-Exempt by that time and approved

    Now USCIS is telling erroneously they approved below petitions

    1) 2010 H1B Transfer - Approved
    2) 2011 H1B Transfer - Approved
    3) 2013 H1B Extension- Approved
    4) 2013 Laber _ Approved
    5) 2014 I-140 _ Approved
    6) 2016 H1B Extension_ Approved

    These many times they approved and now they are denying... How to proceed and challenge now ?

    My Current employer H1B Extension filed on Sept 2017 and H1B Amendment filed on Nov 2017 still both the applications in progress

    Q1 : Will the same noid will apply on new application ?
    Q2 : Based on USCIS comment all my previous petitions are incorrectly approved will be out of service
    Q3 : My H1B Expired by 31/12/2017 running on extension and amendment filing if receive NOID for future applications i have leave country
    Q4 : When they erroneously approved , my Perm and I-140 invalid

    Since i am not aware of 2009 Withdrawal/ revoke and 2010 when my employer filed under cap-exempt he submitted 2007 petition number and document as evidence for cap-exempt and they erroneously approved ...It is not my mistake or employer mistake who filed in 2010

    How can proceed on this scenario ? If any one has knowledge on this please share your expertise suggestions

    Thank you all
    Last edited by [email protected]; 03-05-2018, 01:39 PM.
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