H1B revoked

[sid82]

Dear Friends,

 

I hope someone would answer my query.  I was in the US from Jan 2007 till Mar 2013.  I was working full time for a well established firm. My company has sponsored GC. My PD is March 2012 and my H1B petition validity was extended till Oct 2015. Due to personal reasons, I had to return to India this summer after resigning from my firm. I recieved an email from USCIS that my H1B petition has been revoked.  If I plan to move back to the same firm next year, can I attend visa on the same petition? If my employer has to apply for a fresh H1B petition, then do I fall under quota? How about my I-140, does H1B revokal cause any problems? Please let me know if you need more info to answer my query.

 

Thanks,

Sid

[omshiv]

Your employer would have to file Fresh H1b. Revoking H1B does not impact I-140. What stage is it in right now? Pending or approved? Regardless your employer can capture your time outside US and extend your H1B based on that period too.

[sid82]

Your employer would have to file Fresh H1b. Revoking H1B does not impact I-140. What stage is it in right now? Pending or approved? Regardless your employer can capture your time outside US and extend your H1B based on that period too.

 

My I-140 was approved during March 2012.  I did check the status of my I-140 using the case # LIN-XXXXXXX on USCIS website. It says "Post decision activity". My H1B was revoked in the month of May 2013. Does it mean they have plans to revoke my 140 too? I can speak to my past employer, but I don't want to give them an impression that they are supposed to revoke my I-140. If that happens, then I will be digginng my own grave. Please advice in such a situation.

[satya2k1]

If you are on good standing with your employer, talk to them and see if they revoked your I140.  It might be too late once they receive decision to revoke from USCIS.  If you noticed post decision acitivity on your I140 case status, that means there is some activity going on POST your I140 decision.  Better check before it's too late. 

[sid82]

If you are on good standing with your employer, talk to them and see if they revoked your I140.  It might be too late once they receive decision to revoke from USCIS.  If you noticed post decision acitivity on your I140 case status, that means there is some activity going on POST your I140 decision.  Better check before it's too late. 

 

Thanks for the reply. I will check with the employer. However, I am not quite sure about your statement that "Post decision activity" means there is some activity going on post the I140 decision. I checked the status even before I resigned from the company, and the status showed the same.

[satya2k1]

Hi Sid,

 

When you have a approved H1B, then the online status on USCIS website should have showed "Decision" but not "Post decision activity".