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  • H1 Reinstatement and Green card petition

    Hi Everyone,

    My H1 was accidentally revoked in Nov 2014 and me and my employer got to know about it in Feb 2015 and i immediately travelled to India and changed my status to H-4
    Now after 6 months i am getting a new job the new employer is ready to reinstate my VISA but when i mentioned about my visa revocation they hesitated and said in future for greencard and citizenship might have some issue?
    So my question is will there be any issue in future for H-1 REINSTATEMENT OR EB-2 GREEN CARD

    Thank you
    Mrs Jain
    Last edited by mrs jain; 06-23-2015, 08:27 PM.

  • #2
    Possible since you were out of status after your H1B got revoked. Also, USCIS considers your employment post H1B revoke as unauthorized. You should consult a good immigration attorney.

    Originally posted by mrs jain View Post
    My H1 was accidentally revoked in Nov 2014 and me and my employer got to know about it in Feb 2015
    >>> How in the world did that happen without the employer's knowledge?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      H1 Re-instatement

      i am not sure what to ask the attorney because no body can answer what will happen in future
      Lot of people told me that i will not get H-4, but trust me i was not asked any question and i didn't faced a single difficulty on getting H-4
      So if the attorneys says its fine or not fine, we wont know until we are in that time(Green card approval)
      I just hope the employer doesn't refuse to go further with the paper work

      Comment


      • #4
        The reason I asked you to consult an attorney is to figure out if anything can be done to reinstate the H1B that was revoked by mistake (although I still don't understand how the H1B got revoked without the employer's knowledge). If there is a way to do that, then that will fix the unauthorized stay and work. If not, you will have to file the petition and hope everything goes well. They are case by case basis and it depends who handles your case at USCIS.

        Originally posted by mrs jain View Post
        i am not sure what to ask the attorney because no body can answer what will happen in future
        Lot of people told me that i will not get H-4, but trust me i was not asked any question and i didn't faced a single difficulty on getting H-4
        So if the attorneys says its fine or not fine, we wont know until we are in that time(Green card approval)
        I just hope the employer doesn't refuse to go further with the paper work
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          It was revoked by an ex-employee, when she filed my H1, she was the manger of the company
          So used the same status to revoke my visa
          I didn't want to reinstate that visa as I no longer wanted to work at that place
          That's why I changed my visa

          Comment


          • #6
            H1 Re-instatement

            My new employer filed for H1 B transfer which states this-
            Case Was Received and A Receipt Notice Was Emailed
            n June XX, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY XX, and emailed you a receipt notice. It is being processed at our YYYY XX Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice
            Can anyone explain me this???

            Comment


            • #7


              Originally posted by mrs jain View Post
              My new employer filed for H1 B transfer which states this-
              Case Was Received and A Receipt Notice Was Emailed
              n June XX, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY XX, and emailed you a receipt notice. It is being processed at our YYYY XX Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice
              Can anyone explain me this???
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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