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

A

Abu Sufyan

New Member
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.
 
If you’ve received a NOIR, it’s really important to respond with strong supporting documents and a clear explanation. It’s best to work with an immigration attorney — they’ll guide you on what to include. Also, if there’s been any major change in your job role, location, or employer, you might need to file an H-1B amendment. Don’t delay — timing matters a lot in these cases.
 
Abu Sufyan said:
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.
Click to expand...
What was the overall outcome? Can you help us
 
Abu Sufyan said:
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.
Click to expand...
It sounds like USCIS is concerned about the wage level mismatch and how it reflects your actual job responsibilities. You’ll likely need to work closely with your employer and immigration attorney to provide detailed documentation supporting the duties and wage level. Responding thoroughly and accurately to the NOIR is crucial to avoid potential revocation of your H-1B.
 
sarahkhan said:
If you’ve received a NOIR, it’s really important to respond with strong supporting documents and a clear explanation. It’s best to work with an immigration attorney — they’ll guide you on what to include. Also, if there’s been any major change in your job role, location or employer, you might need to file an H-1B amendment. Don’t delay — timing matters a lot in these cases.
Click to expand...
It’s very important not to delay—if you’ve received a NOIR, you should work closely with an immigration attorney to prepare a strong and detailed response with all supporting documents, clearly showing how your role meets the requirements; if there have been any changes in your job duties, work location, or employer, you may also need to file an H-1B amendment, so timing is critical.
 
Abu Sufyan said:
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.
Click to expand...

I’m not an attorney, but in situations like this it’s really important to file the amendment with updated duties and wages right away and respond clearly to the NOIR. USCIS can still pursue revocation, so having your employer and lawyer prepare a strong explanation is the safest way to protect both your H-1B and pending I-485.
 
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