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H1B Revocation issue

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  • H1B Revocation issue

    Hello All, I work in E-V-C model. I received an Revocation Notice of my Current H1B ptetion which is valid till Oct 2011. I received a revocation notice from USCIS saying Employee-Employer relation ship does not exists.
    They further asked to submit the the proof for following with in 30 days.

    1.Copy of relevant contracts between employer and my client.
    2.COpy of signed Contractual agreements, SOW,service agreents, letters between employer nad End client where the employee actually work.
    3.Copy of position,description,Tool needed to perform the job,whether the emplyer has right to assign duties.
    4.A description of performance review process.

    The USCIS also specifically mentioned to justify how the employer has the control on the project which the I am working on.

    Does any one received this kind of notice? If so, how your employer approched on this?

    What are teh chances are favour to me?

    Also, I am in the process of applying my new H1 extenion.Can i go ahead and apply for my new extension or do i need to wait till this problem solved?

    Any help would be highly appreciated.
    Last edited by CodeIMG; 08-16-2011, 08:26 AM.

  • #2
    Your employer received this notice, not you. They should respond to it with consultation with an experienced attorney. Such notices of intent to revoke are common and if your employer really has control over you, they should be able to provide all the documentation requested.
    This is my opinion and not legal advice.


    • #3
      Kabkaba..Thank you for your reply.
      Just one more question, I need to apply for my extension. Do you have any information whether i can apply for H1B extentsion at the same?


      • #4
        First your employer needs to clear up this NOIR, only after that they can file your extension petition.
        This is my opinion and not legal advice.


        • #5
          Thank you.


          • #6
            Hi kabkaba, I just had one more question, lets say if my H1b Revication was not success, Can i apply for new H1 petetion from new employer?


            • #7
              You need to spend 1 year outside the US to qualify for new cap, but another employer can utilize the cap from your previous petition if 6 years have not been used. However, you will still need to leave the US since you are out of status and it cannot be transferred to another employer.
              This is my opinion and not legal advice.


              • #8
                HI,Sorry for late reply. I still havent completed my 6 years. Can I file a new petetion from a new employer before my current status got revoked?


                • #9
                  Read above.
                  Another employer can certainly file for you, but if the petition is approved as consular processing (without extension of status), then you will have to leave the US and return with H1 Visa and new petition approval notice in order to start working.
                  This is my opinion and not legal advice.