H1B Visa Revoked

[Gautham_34]

Hi All,

I came to US in the month of Jan 2015 in H1B and have completed 1 year now. I was planning for vacation and before travelling I just checked my H1B status in USCIS website, it says "we revoked the approval of your case in May". So technically I'm out of status for last 7 months but I'm getting paid all this while. My employer was not aware of this situation and I informed them now.

Now my Employer's attorney is saying they would've revoked it by mistake and USCIS need 30-60 days to review the case. In the mean time my company will be processing a new H1B in premium and gonna mail all the document to India so that I can come back without stamping as my Visa in passport expires in 2017.

Please help me with the below questions:
- Is it possible for my employer to initiate a new H1B in Cap exempt without valid H1B status ?
- Is it an error from USCIS or this kind of situation can arise ? What may be the reason for revocation.
- If my employer can file a new one then is it feasible for me to transfer/ file H1B from other employer ?
- Will I be able to justify 7 months of out of status at the port of entry while returning back from India ?

I am very concerned , request you to all to share your valuable thoughts.

[shervin143]

- Is it possible for my employer to initiate a new H1B in Cap exempt without valid H1B status ?
>>> Possible. But you should leave immediately. The employer will need to file the H1B for consular process.

- Is it an error from USCIS or this kind of situation can arise ? What may be the reason for revocation.
>>> Looks like an mistake on your attorney's part if they revoked it by mistake. Why will USCIS revoke an approved petition for no reason?

- If my employer can file a new one then is it feasible for me to transfer/ file H1B from other employer ?
>>> Possible.

- Will I be able to justify 7 months of out of status at the port of entry while returning back from India ?
>>> No. YOu are not just out of status. Your presence in the country was illegal. That has bigger consequences. It is better your employer fix the mistake. Ask them to hire a good attorney or talk to USCIS. If they revoked by mistake, then they should fix it. You are the one who will get into trouble, not them.

[Gautham_34]

Transfer

- If my employer can file a new one then is it feasible for me to transfer/ file H1B from other employer ?
>>> Possible.

Thanks Shervin for the valuable suggestions. I have one more question. I have another offer and they would like to initiate my H1B, I'm out of status now so will they able to get the approval for my H1B . Can I go for this option, Is there any risk ?

[shervin143]

Thanks Shervin for the valuable suggestions. I have one more question. I have another offer and they would like to initiate my H1B, I'm out of status now so will they able to get the approval for my H1B . Can I go for this option, Is there any risk ?
>>> A transfer is not possible when you are out of status. The new employer can file the H1B for consular process though (approval with a new I-94). When approved, you should re-enter using teh newly approved H1B on a valid H1B visa to begin working for the employer.