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  • H1B Amendment

    while on H1 , there was a site visit in february,2015 ,only LCA was filed and no amendment happened, around april i converted to H4 by travelling out of country , will any NOIR on old H1 cause issues now or any future applications?
    i converted to H1 from F1 in october 2014.thanks!

  • #2
    No.
    This is my opinion and not legal advice.

    Comment


    • #3
      thank you very much!
      I was worried because employer mentioned that H1B was revoked in May ,because i resigned in April, but the online status still shows as approved.
      Do the status usually change? also, do i need to keep track of the status now ,it there was NOIR,Revoke etc...

      Comment


      • #4
        Even though the employer has notified USCIS to revoke your petition, it will take some time for USCIS to act on it. If you are not working for that employer anymore, then there is no use in checking the online case status. It is the employer's responsibility and you don't have to worry about it.

        Originally posted by aks092121014 View Post
        thank you very much!
        I was worried because employer mentioned that H1B was revoked in May ,because i resigned in April, but the online status still shows as approved.
        Do the status usually change? also, do i need to keep track of the status now ,it there was NOIR,Revoke etc...
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Hi,
          My old employer mentioned that he revoked my H1B in May 2015, the status still show as approved, is it normal to take that much time ?, is the case status reliable?

          (reply)

          Comment


          • #6
            You can't rely on the online case status. If employer says that they have sent the petition to be revoked, then take their words. If you are no longer working for that employer, then why do you care about their petition. Even if that petition is not revoked, that is of no use to you.

            Originally posted by aks092121014 View Post
            Hi,
            My old employer mentioned that he revoked my H1B in May 2015, the status still show as approved, is it normal to take that much time ?, is the case status reliable?

            (reply)
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              hi,
              even if there was a USCIS revoke due to no H1B amendment after client change , will it cause any issues now?(future H1B , visa applications).

              Comment


              • #8
                Originally posted by aks092121014 View Post
                hi,
                even if there was a USCIS revoke due to no H1B amendment after client change , will it cause any issues now?(future H1B , visa applications).
                It depends on whether there was any fraud/misrepresentation etc.
                This is my opinion and not legal advice.

                Comment


                • #9
                  hi,
                  there was no fraud/misrepresentation,
                  if it was just due to failure to file H1B amendment when there was project change, will that have any effect now since status changed to h4.
                  thanks.

                  Comment


                  • #10
                    No.

                    Originally posted by aks092121014 View Post
                    hi,
                    there was no fraud/misrepresentation,
                    if it was just due to failure to file H1B amendment when there was project change, will that have any effect now since status changed to h4.
                    thanks.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      thanks Shervin,
                      i was worried since my employer was not clear.
                      there was a site visit when client change and no H1b amendment happened ,then i changed to H4, even if now USCIS does a revoke for old h1b due to non filing of H1B amendment , there should be no issues,right?
                      also , i dont know if the employer is lying , but he mentioned that he asked for H1B revoke in May, but the status is still approved, is it normal to take more than 3 months to revoke?
                      in either cases:
                      A) USICIS revokes the H1B due to no H1B amendment during site visit.
                      B) Employer not revoking or revoke is taking too long.

                      thank you ver much!

                      Comment


                      • #12
                        Well, if USCIS revoked the H1B petition due to not filing the H1B amendment, then that H1B will be impacted and may be they will reviewed it when you file future H1B petitions. Getting the H4 visa stamped should have any impact as H4 is based on your spouse's H1B. After the employer requests USCIS to revoke their petition, it takes time for USCIS to act on it. It can take 2-3 months to get that processed.

                        Originally posted by aks092121014 View Post
                        thanks Shervin,
                        i was worried since my employer was not clear.
                        there was a site visit when client change and no H1b amendment happened ,then i changed to H4, even if now USCIS does a revoke for old h1b due to non filing of H1B amendment , there should be no issues,right?
                        also , i dont know if the employer is lying , but he mentioned that he asked for H1B revoke in May, but the status is still approved, is it normal to take more than 3 months to revoke?
                        in either cases:
                        A) USICIS revokes the H1B due to no H1B amendment during site visit.
                        B) Employer not revoking or revoke is taking too long.

                        thank you ver much!
                        Not a legal advice. Use of this information is strictly at your own risk.

                        Comment

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