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Employer revoked H-1B by mistake

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  • Employer revoked H-1B by mistake

    My employer revoked my H-1b by mistake. Someone else left the firm with the same first and last name. They found out when USCIS raised an RFE on my H-1B extension petition filed by my employer. They are planning to file a Nunc Pro Tunc petition now with USCIS.

    Has anybody else faced this kind of situation? What is the success rate of this kind of petition?

  • #2
    Raghvi? Shervin? Anybody? Appreciate your support.

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    • #3
      Originally posted by mohit7269 View Post
      My employer revoked my H-1b by mistake. Someone else left the firm with the same first and last name. They found out when USCIS raised an RFE on my H-1B extension petition filed by my employer. They are planning to file a Nunc Pro Tunc petition now with USCIS.

      Has anybody else faced this kind of situation? What is the success rate of this kind of petition?
      If it was a genuine mistake USCIS may approve it, if not nunc pro tunc but as consular process.

      This is my opinion not legal advice.

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      • #4
        Originally posted by raghvi View Post
        If it was a genuine mistake USCIS may approve it, if not nunc pro tunc but as consular process.

        This is my opinion not legal advice.
        What is Consular process?

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        • #5
          Originally posted by mohit7269 View Post
          What is Consular process?
          Its when USCIS approves the H1 petition but does not grant a new I-94, thereby needing you to go out of US and re enter on a valid H1, if your H1 visa in passport has expired, you would need to get a new visa at a US consulate outside US.

          This is my opinion not legal advice.

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