H1B revoked (NOIR) after Amendment with Extension is approved

[fhais2k]

Hi All,

I've received NOIR (due to site visit) in May 2012 and immediately my employer applied for "Amendment with Extension" which was approved in June 2012. Unfortunately, the old H1B petiotion was revoked on Jan 2013 after my employer responded to NOIR (effectively from Jan 2013). My lawyer said it wouldn't matter since I got my new H1b petition approved which gives me a valid status. Subsequently I've applied two more extensions (Feb 2014 and Sep 2014) which are aproved without any RFE's. All these I797 approvals have the same I-94 number with different expiry dates, the current expiry date is Jun 2017.

1. I'm now planning to visit India. Is it safe to go?
2. My I140 (EB2) was approved and waiting for PD (1/2011). Is my old H1b revocation will have any impact on my GC processing?
3. Visiting Canada/Mexico which will give me a new I94 number will boost my chances to get GC and Visa stamping in India?
4. Do I have to mention in any forms about old H1b Revocation in Visa stamping process?
5. Will there be any questions on NOIR during the visa interview?
6. Is it better to go to Canada/Mexico instead of India for Visa stamping?

[raghvi]

Hi All,

I've received NOIR (due to site visit) in May 2012 and immediately my employer applied for "Amendment with Extension" which was approved in June 2012. Unfortunately, the old H1B petiotion was revoked on Jan 2013 after my employer responded to NOIR (effectively from Jan 2013). My lawyer said it wouldn't matter since I got my new H1b petition approved which gives me a valid status. Subsequently I've applied two more extensions (Feb 2014 and Sep 2014) which are aproved without any RFE's. All these I797 approvals have the same I-94 number with different expiry dates, the current expiry date is Jun 2017.

1. I'm now planning to visit India. Is it safe to go?
2. My I140 (EB2) was approved and waiting for PD (1/2011). Is my old H1b revocation will have any impact on my GC processing?
3. Visiting Canada/Mexico which will give me a new I94 number will boost my chances to get GC and Visa stamping in India?
4. Do I have to mention in any forms about old H1b Revocation in Visa stamping process?
5. Will there be any questions on NOIR during the visa interview?
6. Is it better to go to Canada/Mexico instead of India for Visa stamping?

1. As long as you have a genuine employer and work I dont see why it would not be safe.
2. Dont think so, but may come up make sure your paperwork is right.
3. Dont think so.
4. Dont think so.
5. Dont think so.
6. Its a personal choice.

This is my opinion not legal advice.

[fhais2k]

1. As long as you have a genuine employer and work I dont see why it would not be safe.
2. Dont think so, but may come up make sure your paperwork is right.
3. Dont think so.
4. Dont think so.
5. Dont think so.
6. Its a personal choice.

This is my opinion not legal advice.

Thanks for the reply. I went to India with my family in May 2015 and returned in June 2015. Stamping at Hyd consulate and POE in US went very smooth. No questions asked about NOIR. My wife had an NPT H1b extension few years ago. We were worried about her than my situation but everything went well for her. No questions been asked about NPT and gap (which was more than 6 mo) during visa stamping or POE. Happy to be back without any issues. I hope we will not have any issues during I485 adjudication as well. Do you know if last action rule will nullify her out of status issue?