h1b visa

H-1B Notice of Intent to Revoke (NOIR) Due to Work Location Violation or Unlawful Presence

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If your employer or you personally received a Notice of Intent to Revoke (NOIR) on your H-1B petition, especially for work location violations or unlawful presence, you are facing a serious immigration issue that can jeopardize your job, status, and future green card eligibility.

The good news? Many H-1B revocations can be successfully challenged with the right legal strategy and evidence but timing is critical. Below are the most frequently asked questions (FAQs) about H-1B NOIRs, worksite compliance, and unlawful presence, and how our attorneys can help protect your status.

What Is an H-1B Notice of Intent to Revoke (NOIR)?

A Notice of Intent to Revoke (NOIR) is a letter from USCIS informing your employer that it intends to revoke an already approved H-1B petition. This happens when USCIS later believes the petition was approved in error or that the employer or beneficiary violated H-1B conditions.

Common triggers for a NOIR include:

  • Change in work location without a new LCA (Labor Condition Application)
  • Third party placement without control or supervision
  • Unlawful presence due to status lapse or withdrawal
  • USCIS site visit inconsistencies
  • Misrepresentation in job duties or worksite details

Why Does USCIS Revoke H-1B Petitions for Work Location Violations?

USCIS regulations require that the LCA and H-1B petition match the actual job location. If an H-1B worker moves to a new city or worksite without filing an amended H-1B petition, it’s considered a material change and a regulatory violation. This can lead to:

  • Notice of Intent to Revoke (NOIR)
  • Finding of unlawful presence
  • Loss of H-1B status
  • Denial of future extensions or green card filings

Even a small change such as working remotely in another city can trigger a compliance issue if no amendment was filed.

What Does “Unlawful Presence” Mean in an H-1B Context?

If USCIS finds your H-1B petition was invalid (for example, due to a location violation), your status may be considered void retroactively, meaning you could have been unlawfully present in the U.S. without realizing it. Unlawful presence carries harsh penalties:

  • 180+ days (but less than 1 year) = 3 year reentry bar
  • 1 year or more = 10 year reentry bar

This is why it’s critical to act quickly if you’ve received a NOIR or suspect an H-1B violation.

How Should Employers Respond to an H-1B NOIR?

If your company receives a NOIR, it must respond within 30 days with documentary evidence refuting USCIS’s claims. A well drafted legal response can often prevent revocation and preserve both the employer’s compliance record and the employee’s lawful status.

Can the Employee Respond Directly to a NOIR?

Usually, the petitioning employer must respond to the NOIR, not the employee. However, the H-1B employee should coordinate closely with an immigration attorney, as a revoked petition can directly affect their ability to stay or change employers. If your employer lacks experience handling a NOIR, or is unwilling or slow to act, we can help ensure your immigration interests are protected.

What Are the Consequences of an H-1B Revocation?

If USCIS revokes the petition, the consequences may include:

  • Immediate loss of H-1B status
  • Accrual of unlawful presence
  • Denial of change of employer petitions
  • Issues with future H-1B cap exemptions
  • Problems with green card processing (especially I-140 or I-485)

How Can We Help With an H-1B NOIR for Worksite Violation?

We can:

  • Analyze the NOIR and identify weaknesses in USCIS’s reasoning
  • Prepare a legal brief and collect evidence of compliance
  • Communicate with USCIS officers on your behalf
  • Negotiate or file a new H-1B petition to maintain lawful status
  • Argue against unlawful presence determinations

Our firm has successfully handled NOIRs caused by remote work, client site projects, and inter company transfers where USCIS initially claimed violations.

What If I Already Accrued Unlawful Presence After a Revocation?

If your H-1B petition was revoked and you’ve already started accruing unlawful presence, you still have options but time is critical. Unlawful presence can lead to devastating immigration consequences, including:

  • A 3 year bar from reentry if over 180 days, or
  • A 10 year bar if over one year.

However, our experienced attorneys have helped clients avoid these bars and regain lawful status by taking immediate legal action. Every day you wait increases your legal risk and can make recovery more difficult.

We Can Help You Respond to a H-1B NOIR or Prevent Revocation

If you or your employer received an H-1B Notice of Intent to Revoke, especially related to work location or unlawful presence, do not ignore it. You have only 30 days to respond, and one mistake can lead to revocation, deportation, or years of immigration delays.

Call us immediately at 305-515-0613 or email info@messersmithlaw.com. Our experienced immigration lawyers have helped hundreds of professionals and employers defend H-1B approvals and avoid unlawful presence findings.

H1B Visa Revoked Due to Multiple Filings

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If your H1B visa has been revoked because of multiple cap-subject filings, you’re likely feeling blindsided and unsure about your future in the US. USCIS has recently begun cracking down on H1B petitions that were filed by multiple employers on behalf of the same individual, especially where they believe the filings were coordinated or fraudulent. If your visa has already been revoked or you’re under investigation, you need to act fast to protect your status and career.

Why H1B Revocations for Multiple Filings Are Increasing

In recent years, especially following regulatory changes and data sharing among agencies, USCIS has focused heavily on rooting out fraud in the H1B lottery system. While multiple legitimate offers from different, unrelated employers are allowed, problems arise when USCIS suspects that the filings were orchestrated by related companies or were not for genuine job offers.

We’ve seen many clients who were unaware that their employers were affiliated or that similar petitions were submitted without disclosure. USCIS often issues NOIRs (Notices of Intent to Revoke) claiming that the filings were intended to unfairly increase the applicant’s chances in the lottery. In some cases, they revoke approved H1B petitions even after the applicant started working, leaving individuals suddenly out of status.

How We Help Clients Respond to H1B Revocation Issues

If you’re still in the US, your H1B status may be at risk but you may still have options. We assist clients by:

  • Reviewing the revocation notice or NOIR to understand the government’s specific concerns;
  • Gathering evidence to show that the job offer was legitimate and that you were not part of any scheme;
  • Preparing a legal response to USCIS challenging the revocation or helping you transition to another valid status; and
  • Exploring re-filing options, consular processing, or alternative visa categories if needed

If you’re outside the US, your H1B visa stamp may be canceled or you may be denied reentry. In these cases, we help you present evidence to the consulate, explain the legitimacy of your offer, and clear any fraud related flags on your immigration record.

Don’t Let a Filing Error End Your Career

Having your H1B revoked due to multiple filings is serious but it’s not always the end of the road. We’ve helped clients successfully challenge revocations, maintain legal status, and reapply through new employers. The key is to act quickly and strategically.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your situation, explain your options, and help you take the right steps to protect your future in the US.

H1B Transfer Denied – Can I Stay in the US?

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Many people come to us after an H1B transfer denial. We’ve helped them re-file successfully, shift to a new employer, or even change status (such as to B2, F1, or dependent visas) while staying compliant. Every case is different, but time is critical. The sooner you act, the more options you preserve. If your H1B transfer was denied, you’re probably asking the most urgent question: Can I still stay in the United States? The answer depends on your current status, your previous approval, and how quickly you act. In this article, we break down what it means when an H1B transfer is denied, your legal options, and how to avoid unlawful presence or deportation risk.

What Happens If My H1B Transfer Is Denied?

When a H1B transfer (also called a change of employer petition) is denied by USCIS, it means that your prospective employer’s petition to hire you did not meet the eligibility criteria. Denials can occur due to:

  • Missing or weak employer-employee relationship documentation
  • Specialty occupation issues
  • Inconsistencies in the job role or salary
  • Employer’s financial or operational concerns
  • Gaps in lawful status

A denial does not necessarily cancel your prior H1B approval, but it may affect your right to stay in the US, especially if you already began working for the new employer under portability rules.

Can I Stay in the U.S. After an H1B Transfer Denial?

Whether you can stay depends on one key factor: Do you still have a valid H1B approval with a prior employer?

  1. If you were still working for your previous H1B employer at the time of denial:
    • You may remain in the US and continue working for that employer, as long as their petition remains valid.
  2. If you already left your previous employer and began working for the new one:
    • You must stop working immediately upon denial.
    • You may still be within the 60-day grace period, which allows you to stay in the US and seek another job or file a new petition.
  3. If your I-94 has expired and the denied petition included a request to extend your stay:
    • You may be considered out of status and may be required to leave the US.

What Should You Do Next?

If your H1B transfer was denied and you’re unsure about your status, call our office at 305-515-0613 or email info@messersmithlaw.com for a consultation. We’ll review your case and help you create a strategy to stay legal and move forward.