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H-1B revoked after approval

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  • H-1B revoked after approval

    Hi,
    My name is Raj and I was in L-1B status with a company 'A' during the year 2017, I approached a company 'K' who then filed for my H-1B in March 2017, my application was picked in the lottery however there was an RFE which was raised, in the month of October 2017 I asked 'K' not to pursue a response for the RFE as I was unwilling to change jobs from company 'A' to 'K'.
    Subsequently in October 2017 'K' submitted a letter to USCIS for my I-129 petition to be withdrawn.
    A couple of weeks later, I had a change of mind and approached 'K' to pursue my case meaning my willingness to join 'K'.
    'K' then responded to my RFE in time, towards the end of November 2017 USCIS approved my H-1B petition(H-1B valid through 2020), I then began to work for 'K' starting December 2017 and continued to hold my job with them.
    However, towards the end of February 2018, 'K' received a letter from USCIS which stated they (USCIS) have acted on 'K's earlier withdrawal notice and USCIS has automatically revoked my H-1B petition per Title 8 Code of Federal Regulations, section 214.2(h)(11)(ii).

    I'm now looking for ways to salvage my H-1B petition.
    Any help here would be appreciated.

    Thanks

  • #2
    Subsequent to the revocation notice, my employer wrote to the Premium Processing department (my RFE response was converted to premium) explaining about how he had submitted an application for withdrawal of my petition in Oct2017 and had followed it up with a call to the customer care in Nov2017 requesting to disregard his earlier withdrawal application.
    He also explained to them, I was on-boarded immediately and I had begun my assignment with 'K' starting Dec2017, he also sent USCIS my E-Verify results confirming my hire date.
    I'm happy to say that USCIS came back with : The petition was reopened on Service motion and reapproved March 7, 2018

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