Guidance on Responding to NOIR and Potential H-1B Amendment

[Abu Sufyan]

Hello Sir,

I am seeking your guidance regarding a Notice of Intent to Revoke (NOIR) recently issued for my H-1B petition.

The NOIR was issued because my H-1B was approved at a Level 1 wage, whereas the position I currently hold appears to correspond to a Level 4 role. USCIS conducted an on-site visit, during which both my supervisor and I were interviewed. Following these interviews, USCIS contacted my employer and supervisor via email, requesting details about my job duties and description. My supervisor provided the requested job description, and USCIS subsequently identified discrepancies between the approved H-1B petition (Level 1) and the actual duties I am performing (Level 4).

Given this situation, our attorney has suggested filing an amendment and revising my salary. I would like your expert opinion on the following points:

Amendment and Revised Salary​

1. Addressing the NOIR:
   • If my employer revises my salary to align with Level 4 wages and files an H-1B amendment reflecting updated job duties and salary, would this sufficiently address the concerns raised in the NOIR?
   • Is there a risk that USCIS may still pursue revocation even after the amendment?
   • What is the best way to provide a valid justification for the discrepancies identified by USCIS?

Impact on Pending I-485​

1. Adjustment of Status Implications:
   • My I-485 application is currently pending, with a Level 4 wage reflected in the PERM. Could this NOIR or a potential H-1B revocation adversely impact my adjustment of status application?

Recommended Next Steps​

1. Response Strategy:
   • Should my employer prioritize responding to the NOIR with detailed explanations of my current job role, or would filing an amendment be a more proactive approach?
2. In Case of H-1B Revocation:
   • If my H-1B is revoked, would USCIS grant a 60-day grace period to transfer my H-1B to another employer?
   • If the most recent H-1B petition is revoked, can my employer rely on a prior valid petition to maintain my legal status?
3. Exploring New Employment Opportunities:
   • Would it be advisable to seek a new employer to transfer my H-1B before USCIS takes further action?

I value your expertise in these matters and would greatly appreciate your guidance on the most effective course of action to ensure compliance with USCIS regulations while mitigating potential risks to my status. Please let me know if additional information would assist in your assessment of the situation.

Thank you for your time and assistance. I look forward to your advice.

 

[Krishna2477]

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