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  • H1B petition is revoked

    USCIS website shows my current H1B petition is revoked my current employer in Nov 2016.
    But I am still working for the same employer in USA and my managers unaware of this withdrawal. Not sure if this happened by mistake from employer or some technical mistake by USCIS.
    My employer claims that nothing was initiated from their side. Currently they are checking what went wrong in my case.

    Also I did H1B transfer for another company in July 2016 but I never joined there. USCIS shows this as an approved petition and alleges I am working there since July 2016. And I am not maintaining H1B status while working for my current employer.

    I came to know about this when a third employer filed H1B transfer and got RFE this week.



    What all my options now if its a mistake from my current employer? Will this affect my future in USA?

  • #2
    Hello, Any suggestions or advises in my case?

    Comment


    • #3
      Let me get this straight:

      You work on a H visa for Employer A
      In July 2016, USCIS approved Employer B's alien worker petition to employ you
      In November 2016, Employer A revoked its alien worker petition (that was used to employ you)
      In March 2017, Employer C filed an alien worker petition to employ you

      If this is the case, you have been out of status for more than 60 days, and you may need to leave and return to obtain a new I-94 when Employer C's alien worker petition is approved

      Raghvi is the expert in this forum on this topic. Try to get clarification from him

      Comment


      • #4
        Originally posted by dithr View Post
        USCIS website shows my current H1B petition is revoked my current employer in Nov 2016.
        But I am still working for the same employer in USA and my managers unaware of this withdrawal. Not sure if this happened by mistake from employer or some technical mistake by USCIS.
        My employer claims that nothing was initiated from their side. Currently they are checking what went wrong in my case.

        Also I did H1B transfer for another company in July 2016 but I never joined there. USCIS shows this as an approved petition and alleges I am working there since July 2016. And I am not maintaining H1B status while working for my current employer.

        I came to know about this when a third employer filed H1B transfer and got RFE this week.



        What all my options now if its a mistake from my current employer? Will this affect my future in USA?
        Your employer/their legal team needs to book an info pass appointment with USCIS office and determine what is the underlying situation.

        This is my opinion not legal advice.

        Comment


        • #5
          Hi raghvi/inadmissible Thank you for your response. latest update regarding my case is as below.

          My current employer (employer A) asked me to go back to my home country immediately. So left USA last week and they are filing a cap exempt.
          But still they haven't provided any update on what actually happened in my case. And they say USCIS response may take time.
          I am not sure if the revocation was initiated accidentally by my employer or by USCIS.

          Employer C filed their RFE response.

          Employer B's (I never joined this company) petition status it is now showing as "intent to revoke notice was sent".

          Now my question is what are the chances of my petitions filed by employer A and employer C gets approved.
          Also I am curious what could be the reason for the sudden revocation intent of B's petition. Are there chances that USCIS is investigating my case?

          Comment


          • #6
            Originally posted by dithr View Post
            Hi raghvi/inadmissible Thank you for your response. latest update regarding my case is as below.

            My current employer (employer A) asked me to go back to my home country immediately. So left USA last week and they are filing a cap exempt.
            But still they haven't provided any update on what actually happened in my case. And they say USCIS response may take time.
            I am not sure if the revocation was initiated accidentally by my employer or by USCIS.

            Employer C filed their RFE response.

            Employer B's (I never joined this company) petition status it is now showing as "intent to revoke notice was sent".

            Now my question is what are the chances of my petitions filed by employer A and employer C gets approved.
            Also I am curious what could be the reason for the sudden revocation intent of B's petition. Are there chances that USCIS is investigating my case?
            Chances depend solely on the strength of documents (Client letters, SOW, MSA etc.) furnished by A and C.

            As for B's petition revocation , if there was an RFE and they failed to respond it might be subject to revocation.

            This is my opinion not legal advice.

            Comment


            • #7
              Hi PMinadmissible, raghvi

              Current situation is both my petitions(for A and C) approved.

              Now my question is can I do the stamping for Employer C and travel for Employer A?

              Here A is a consulting company and and C is an American giant. So I think chances of getting success in stamping is higher with Employer C.

              Can you please give your expert advice here?

              Comment


              • #8
                Originally posted by dithr View Post
                Hi PMinadmissible, raghvi

                Current situation is both my petitions(for A and C) approved.

                Now my question is can I do the stamping for Employer C and travel for Employer A?

                Here A is a consulting company and and C is an American giant. So I think chances of getting success in stamping is higher with Employer C.

                Can you please give your expert advice here?
                I would not advise doing that.

                This is my opinion not legal advice.

                Comment


                • #9
                  Hi raghvi

                  I am planning to go for visa stamping. Now there are two questions in the DS 160 form confusing me. What should I answer for below two questions?

                  1) Has*your*U.S.*Visa*ever*been*cancelled*or*revoked?

                  In some forums I read like visa and petition are different. Since USCIS revoked the petition and not the passport visa, can I mark as "NO"?

                  2) Have*you*ever*been*unlawfully*present,*overstayed*the*amount *of*time*granted*by*an*immigration*official*or otherwise*violated*the*terms*of*a*U.S.*visa?

                  I have stayed about 5 months in US without knowing the revocation. But My i94 which was part of my revoked petition( since it was an extension) was valid till 31st May 2017.
                  So when they revoked the petition, was the i94 also got cancelled? Also I haven't stayed past 180 days.

                  Please help me to clarify above two queries.

                  Comment


                  • #10
                    Urgent RFE to respond - 6 days left

                    Hi there,

                    i am in similar situation and i want to know how did you respond the RFE for out of status question? pls help.
                    uscis revoked my visa on mar 20, last paystub was dated feb 18th, i was unaware untill some vendor pointed out. and immediately i reached out to my employer and they mentioned they notified the uscis without alerting me, and they kept marketing me. i started working with another employer 'Z' from may 9th 2017. they filed as inhouse proj but i was at client site and RFE mentions about out of status and ofcourse company docs. now my company did not respond untill today, now i am working on the case personally and i need help with out of status . pls respond here or if u can exchange a temporary number we can connect to discuss.
                    thanks much

                    Originally posted by dithr View Post
                    Hi raghvi

                    I am planning to go for visa stamping. Now there are two questions in the DS 160 form confusing me. What should I answer for below two questions?

                    1) Has*your*U.S.*Visa*ever*been*cancelled*or*revoked?

                    In some forums I read like visa and petition are different. Since USCIS revoked the petition and not the passport visa, can I mark as "NO"?

                    2) Have*you*ever*been*unlawfully*present,*overstayed*the*amount *of*time*granted*by*an*immigration*official*or otherwise*violated*the*terms*of*a*U.S.*visa?

                    I have stayed about 5 months in US without knowing the revocation. But My i94 which was part of my revoked petition( since it was an extension) was valid till 31st May 2017.
                    So when they revoked the petition, was the i94 also got cancelled? Also I haven't stayed past 180 days.

                    Please help me to clarify above two queries.

                    Comment

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