In November 2022, I changed my employer after receiving the H1b renewal and change of employer. In December 2022, my employer received a NOIR letter based on erroneous allegations of fraud and willful misrepresentation regarding H1 lottery registration.
However, the case was never registered in the lottery because it was a change of employer for a current H1 b beneficiary.
Later USCIS sent another letter to company attorney confirming the notice was an error by USCIS. (It says “after reviewing, the grounds of revocation has overcome”.)
The attorney sent me the scanned copy of the letter and before I could ask for original my company changed their attorney.
Question: When I go to visa stamping, and if the office asks for the proof, is scanned copy sufficient or I need to have the original? If yes How could I get another reaffirmation letter from USCIS? My attorney says that the original NOIR response is typically not needed, but I want to be prepared for beyond typical scenario.
Please advise if need to wait for my next extension before making my trip to home country for Visa stamping (as the NOIR letter has receipt number of my H1b extension).
How long it takes for you to receive reaffirm letter from uscis, mine is as well same. I struck in india not aware my attorney received noir when am travelling to the states. My visa got cancelled with false allegation. I want to know how much time taken for uscis to send the reaffirmation
@anil_am22
the old attorney no longer have this letter. Is there a way I can get another version of this letter in mail from USCIS? (like through FOIA or some other way). Please suggest.
My case was an error from USCIS. My attorney responded to NOIR within 2 weeks and also reached to ombudsman. They received reaffirmation letter in around 6-8 weeks. But the attorney said there is no timeline to it and it depend on case to case and solely on USCIS.
My old employer told he had sister company. I received noir on that sister company that am registerd H1b cap registrations as a manager. I called old employer he said no we haven’t add you as a manager for h1b cap registrations. So that is the reason am thing by error or overreach from uscis.i am in india, my wife and kid is in USA. Because of this situation i have been struck here.
Hi Raj,
If your company has any legal team, ask them to respond to the NOIR with all necessary documents. If they don’t , ask them to hire an external attorney.
If FOIA could be used to obtain a document in-mail, as I already have the scanned copy.
if I can request the NOIR reaffirmation document my self because, All my efforts with USCIS live agent to get some details on that were in vain as every time connect with them with NOIR documentation, they asked to contact my employer to connect. If I know they can respond to my request or my employer, I could act accordingly.
My attorney replied with all necessary documents ( my self declaration) to uscis. I think this noir is by error because in the noir notice mentioned in march 2022 registered h1b cap applicatons(previous employer sister company) and change of employer happend on april 2022. I received noir in sep 2024 to expedite the process reached out to congress person and expedited the case with urgent humanitarian(family seperation). I hope will receive the response in 2 weeks may i know your case because you mentioned too H1B cap regustration and change of employer
QQ while submitting ombudsman request, have you signed or your employer. Can you please update me on this, have you submitted the request as individual or your employer does