About a month back i have received the NOIR . Now my employer is stating that they are not going to answer the NOIR . I am trying for filing new H1B through different employer but not able to gather the client letter.
In this scenario what will happen to my status if the notice is not answered to USCIS with the given period of time.
Please advice us in this matter.
Generally when a petitioner does not respond to a request for evidence, the application is deemed abandoned and denied.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
If the current employer does not send a timely response to the NOIR, then your H1B status will be revoked. As of the date of revocation, you will be unlawfully present. Try to remain on good enough terms with the current employer that they give you a copy of the NOIR and of the revocation notice when it comes, as USCIS will not send a copy to you.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.
Generally if there is no response to the NOIR, the H1B will be revoked. You should consult your employer's immigration attorney to assist you.
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.