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  • h1 transfer / EAD revoked

    Hi All,

    I have gone thru lot of threads and still do not have any idea. I am also about to seek help from Immigration lawyers, but wanted second opinion and experience details of other members who have heard or gone thru this issue

    Situation : Company AAA H1 B approved till Oct 2016, My 6th year ended in Sept 2015
    Perm and I-140 approved for company AAA

    I moved jobs Jun 2015 and company BBB filed for my H1B transfer (non-premium)

    In the mean time company AAA revoked my H1b and I140.

    How does this impact my H1B application with company BBB. ?

  • #2
    Since AAA's H1B petition was revoked after BBB filed their petition, that will not have any impact on BBB's petition.

    However, since BBB's petition is based on the I-140 (for extension beyond 6 years) and that has been revoked, it is possible that BBB's petition will be denied. It is advisable to upgrade to premium immediately. Has USCIS already revoked the I-140? Check the I-140 status online.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Since AAA's H1B petition was revoked after BBB filed their petition, that will not have any impact on BBB's petition.

      However, since BBB's petition is based on the I-140 (for extension beyond 6 years) and that has been revoked, it is possible that BBB's petition will be denied. It is advisable to upgrade to premium immediately. Has USCIS already revoked the I-140? Check the I-140 status online.
      Hi Kabkaba, thank you for your response!!
      that is what I am really worried about, yes I did check and AAA has revoked both my 140 as well as the AAA's h1b that was approved thru october 2016.
      Both revoked in Mid July

      MY transfer petition was submitted on early June, unfortunately it was not in premium.

      Looks like it may end up being a big problem for me personally and my company to keep me employed?
      Last edited by b44; 10-07-2015, 11:20 AM.

      Comment


      • #4
        The I-140 withdrawal may be a problem for you.

        But sometimes USCIS will not immediately revoke the petition after employer sends the letter. So did the employer send the letter in July or did USCIS revoke it in July? If not revoked by USCIS, you have some hope.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          The I-140 withdrawal may be a problem for you.

          But sometimes USCIS will not immediately revoke the petition after employer sends the letter. So did the employer send the letter in July or did USCIS revoke it in July? If not revoked by USCIS, you have some hope.
          No its already revoked, not sure when AAA filed, but both h1b, 140 have been revoked.. speaking to lawyers in 30 minutes..

          On July XX 2015, we revoked the approval of your case, Receipt Number ZZZ, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by July xx, 2015, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

          Comment


          • #6
            Originally posted by b44 View Post
            No its already revoked, not sure when AAA filed, but both h1b, 140 have been revoked.. speaking to lawyers in 30 minutes..

            On July XX 2015, we revoked the approval of your case, Receipt Number ZZZ, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by July xx, 2015, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
            So my lawyer confirmed my worst fear, USCIS has send a letter stating my 140 is revoked by previous employer, that means, they cannot extend and have given x days to respond and provide additional documents if applicable to USCIS.

            I doubt I can do much now

            Comment


            • #7
              options

              Does anyone have idea if seeking help/recommendation from senator/congressmen would move the decision in my favor ?

              Comment


              • #8
                Originally posted by b44 View Post
                So my lawyer confirmed my worst fear, USCIS has send a letter stating my 140 is revoked by previous employer, that means, they cannot extend and have given x days to respond and provide additional documents if applicable to USCIS.

                I doubt I can do much now
                FINAL UPDATE : My h1-b got rejected earlier in december 2015, I have moved outside of US for the same company
                thank you for all the guidance in the process

                Comment

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