H1B NOIR - help with transfer questions

Hi All,

I’m on h1b extension with company X. Recently I received NOIR on my current petition since my current employer didn’t file LCA to my work location and USCIS found it.

  1. In the NOIR it says response window will be 30 days but due to pandemic I heard that there will be extra 60 calendar days to respond. Can someone please confirm?

  2. I’m thinking to transfer my h1b to another employer before my current employer respond to NOIR. In this scenario if my h1 transfer is approved, is there any possibility that it will be approved without i-94 since I’m transferring while NOIR is pending?

If it is approved without I-94, I can’t really cross the border since I’m new mom with 2 months old kid and can’t travel due to pandemic. Please advice.

H1B change of employer (aka transfer) can only be applied while you are actively employed and your I-94 is still valid. If I-94 is expired already, the new employer may file a cap-exempt H1B but it will be approved with consular processing meaning you will need to go for visa stamping.

You will need to check if appointments are available in Mexico or Canada. You will also need visitor visa for Canada or tourist permit for Mexico if your H1B visa has expired. Also even if you secure an appointment and you get a 221g, you will be stuck in a foriegn country.

It is better to visit home country than going to 3rd country.

1 Like

Hi Kalpesh, Thanks for responding. My current i-94 is still active with current petition which received i-94. I’m thinking to transfer my h1b to different employer within 60 days of extra grace period to respond due to pandemic. Sh in this situation how uscis will consider my status and approve case? With or without i-94?

If your I94 is valid while you apply for transfer, chances are that it may be approved with I94. The NOIR is in response to your employer’s mistake.