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Already approved L1B petition revoked, DS 160 question - Visa ever cancelled\revoked?

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  • Already approved L1B petition revoked, DS 160 question - Visa ever cancelled\revoked?

    Need guidance on what should I answer to this question in DS-160 form, here is my situation
    1. Right now I am in India and my NEW H1B petition has been approved till 2021. I have to go for stamping
    2. Earlier I was on L1B, my last L1B stamped in passport was in 2014 which was based on approved extension petition. In 2017 while in USA I applied second extension and got approved I-797 till Nov-2018, BUT I never stamped it in passport. This extension paperwork was for customer-A but I changed to customer-B in July 2017.
    3. In Oct-2018 I received Notice of Intent to Revoke (NOIR) with reason ----à”In the NOIR, the USCIS notes that an administrative site visit was conducted, following which the USCIS concluded that the Beneficiary is no longer working at the work location or in the specialized knowledge role stated in the most recent L-1B filing, and instead, since July 2017 the Beneficiary has been and is presently working on a project for a new client – YYYY ”
    4. My employer provided the response back to USCIS in Nov 2018, I also came back to India in Nov-2018 as I94 was expiring.
    5. In Jan-2019 I was notified by employer that your visa petition is denied, Reason for Denial:
    • The USCIS was not persuaded that the employee will be employed in the United States in a capacity that involves specialized knowledge; and
    • The USCIS was not persuaded that employee’s placement is not labor for hire.

    Based on the above, the USCIS has denied the L-1 petition.

    Please guide what should be my answer (Yes or No) for DS 160 Q-àHas your US visa ever been cancelled or revoked?

  • #2
    Hi,
    Iam exactly in the same situation. After my L1B extension got approved I travelled back to India for a family emergency by Sep 2019. I have attended my biometrics appointment by Mar16 2020 and I cant attend my US consular interview due to US consulate closure in response to COVID-19 Pandemic. Till now I am in India due to US consulate closure. Bot now I have received "Notice to intent to revoke for my L1B extension since Iam no longer working at the work location.

    My query is. Does this have any issue with my H1B petition? and what I have to mention in DS160 on "Has your US visa ever been cancelled or revoked?".

    I want to know about your case after that. Have you mentioned about your visa revoke in your H1B DS160? What happened to your H1B stamping? Have you faced any questions about your visa revoke during interview?

    Thanks in advance

    Comment


    • #3
      I would suggest to mention the question as "Yes" & describe the situation.

      Its better to not hide the truth or tell lie for your H1B visas.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

      Comment

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