Hi- My current employer ‘A’ filed the H1B Transfer/extension premium in Dec 2019 & Approved.So,I came to India for stamping and come to know that USCIS issued NOID soon after i reached India in Jan,2020.NOID is about to show the proof for ‘maintaining status’ for which we provided all paystubs with W2’s.However, no response yet for last 90 days.
Regards to ‘Maintenance of status’ case:
My previous employer petition got rejected in May,2019 since there was no project and due to that,I joined my current employer A without traveling to India since i had valid I-94 till Dec, 2019(I guess i would have come back to India for consular processing post the denial of my previous employer petition in May,2019?).So,My current employer A filed initial transfer in June,2019 with project X. Later, filed another Transfer Petition with Project Y in Oct 2019 in ‘Regular’ & converted into ‘Premium’ in Dec 2019.So,USCIS thought i have been ‘Out of Status’ from June 2019 to Oct 2019 considering they have not mentioned about transfer petition that we filed in June,2019.Not sure how they miss that petition record?
Meanwhile in Jan 2020,Company ‘B’ filed H1 Transfer in premium after my H1 extension approved with company A.They were issued RFE saying ‘to wait for previous NOID decision’ & Company B ‘withdrawn’ the petition as no update from USCIS.
I have no option to transfer to other company or go for stamping in India now(Even when Embassy Open at later time) with Approved petition with my current employer A since they issued NOID post the Approval.Also,My I94 expired in Dec,2019. I’m stuck in india since no decision from USCIS & then Embassies closed at this time.I’m sure that i need to wait for the NOID decision but may i know how long USCIS takes to provide decision?
Appreciated to clarify how long USCIS can take time since it’s already 90 days after we responded to NOID & chances of getting approval.
Do you mean to say that 221g will be issued " if i go to visa stamping along with the previously Approved petition in Dec,2019 OR even with the latest approval once i hear back on NOID?"
Also, Is there any way that i can find a new employer from India and process consular processing considering no response from USCIS on NOID Case?
As i mentioned before,Company ‘B’ offered me in US and filed premium. That’s the time they issued NOID for my Approved petition with my Current company ‘A’. Finally, Company ‘B’ withdrawn the offer/Transfer petition since USCIS mentioned without having decision on current NOID case they are not going to accept any future Extension/Transfer petitions & of course,NOID based on ‘Status Maintenance’ with the current employer ‘A’ . In this case,I’m not sure if USCIS going to approve any Transfer/Extension petition as NOID is in Progress for last 90 days post our response to NOID.
Appreciated if you have any suggestions at this time.Thanks in advance!
I mean,Will there be any conflict if i apply for B1/B2 when decision pending on NOID?
Also,Do you think more probability for the H1 Approval if i file Transfer/Extension from India in a consular processing with new employer considering the current NOID decision pending from USCIS & also, the earlier Transfer/Extension from USA withdrawn because “No decision from USCIS yet”?