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H1B NOIR and Issues - Please Help

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  • H1B NOIR and Issues - Please Help

    Hi Members,

    I recently received a Notice of Intent to Revoke (NOIR) on my approved H1B stating that my employer paid me less amount than LCA amount during 2009 and 2010 and to defend it even with vacation time it is not matching to LCA amount. What are my options now? Please kindly advice me on this situation.

    i am currently on my 8th year of H1B which is until July 2015, i have an approved EB3 (PD 2008) and EB2 porting has got a query and answered 2 months ago with the current employer. Can i do a H1B transfer with NOIR in hand

    Does H1B transfer raises more questions since i have a EB2 RFE


    Help!!!!

  • #2
    Originally posted by kondavinod13 View Post
    Hi Members,

    I recently received a Notice of Intent to Revoke (NOIR) on my approved H1B stating that my employer paid me less amount than LCA amount during 2009 and 2010 and to defend it even with vacation time it is not matching to LCA amount. What are my options now? Please kindly advice me on this situation.

    i am currently on my 8th year of H1B which is until July 2015, i have an approved EB3 (PD 2008) and EB2 porting has got a query and answered 2 months ago with the current employer. Can i do a H1B transfer with NOIR in hand

    Does H1B transfer raises more questions since i have a EB2 RFE


    Help!!!!
    Why were you not paid as per LCA in 2009/2010? Why didnt you complain to DOL then if indeed it is true? Time to talk to a good immigration lawyer.

    This is my opinion not legal advice.

    Comment


    • #3
      The NOIR is addressed to your employer and they should consult with their lawyer how to answer it.
      In the meanwhile you should consult with your own attorney to see what options you may have.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by kondavinod13 View Post
        Hi Members,

        I recently received a Notice of Intent to Revoke (NOIR) on my approved H1B stating that my employer paid me less amount than LCA amount during 2009 and 2010 and to defend it even with vacation time it is not matching to LCA amount. What are my options now? Please kindly advice me on this situation.

        i am currently on my 8th year of H1B which is until July 2015, i have an approved EB3 (PD 2008) and EB2 porting has got a query and answered 2 months ago with the current employer. Can i do a H1B transfer with NOIR in hand

        Does H1B transfer raises more questions since i have a EB2 RFE


        Help!!!!
        Out of curiosity, did you have some sort of an arrangement with your employer where in the 'other' part of your salary was paid per diem etc and you escaped paying taxes on it ?
        This is my opinion. Not a legal advice

        Comment

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