NOID overturned
Switched to consular processing
H-1B Change of Status, Beneficiary Left the U.S.
Background
The applicant was selected in the second H-1B lottery round, and the employer filed the I-129 as a change of status. While it was pending, the applicant had to leave the United States for reasons beyond the applicant's control and then received a NOID.
Challenges
- The petition requested a change of status, but the applicant was abroad before approval, so the original request no longer worked.
- USCIS questioned the applicant's status compliance and the employer's need to retain the applicant.
Strategy
- Helped the employer present a strong business case for how central the position was to the company.
- Switched the request to consular processing, preserving the second-round lottery selection.
Case Timeline
| Date | Progress |
|---|---|
| 10/09/2024 | I-129 filed (second-round selection) |
| 03/01/2025 | NOID received |
| 03/15/2025 | NOID response filed |
| 04/06/2025 | H-1B approved for consular processing |
Outcome
H-1B approved and activated through consular processing (response filed 03/15/2025 · approved 04/06/2025).
Closing Note
If you must travel while a change of status is pending, assess the impact on the petition early and adjust the plan in time.