Initial H1B revoked by USCIS after filing for extension.


H1HE!!

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Here is my complex scenario. Request inputs

1. My H1B Application was picked in the lottery(in April 2014 - for Fiscal year 2015) which was filed by Employer A. Went to visa stamping with a client letter given by the employer A and got the Visa on Aug 2014. Came to US in Oct 2014 but did not work for the given client. We got a new job with different client and moved on.(LCA was filed per the process)

2. In April 2017, extension was filed by Employer A. When the extension petition was in process, In June 2017, my initial petition(picked in lottery in 2014) was reopened followed by NOIR. Employer A replied to the NOIR but still got a revocation.It is being understood that the client letter that was given to us was not the right one.

3. In the meantime, I got a transfer to a new employer Employer B before I got the NOIR for Initial petition. I got a NOID for my transfer petition to Employer B as well stating I am not cap exempt due to revocation of initial petition. Response has to be submitted by end 01/31/2018. Not sure if the petition will be approved.

Because of the issue with initial petition, following petitions are being affected. Not sure how to proceed on this, looking for options.

I have an approved I 140 with Employer A(Will it be affected as well? or will it be helpful for any extensions? )

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Hi, sorry for your case. I have my cousin similar story. But his I-140 was valid (H1B and i-140 are 2 different depts) and was never touched. later some months he got a project and refiled from india and came here again. so pls do not loose hopes.

in ur case looks like, your A employer filed a fraud client letter just to bring u over here. do not do such mistakes again.

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3 hours ago, The Other Guy said:

What was the reason USCIS sent you notice to revoke your H1 ? What action triggered it ? 

Hi. It was mentioned in the revocation notice "due to finding of fraud". But soon after coming to US, I was assigned to a different client within a month.

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  • 3 weeks later...
  • 2 weeks later...
On 1/20/2018 at 8:36 PM, H1HE!! said:

Here is my complex scenario. Request inputs

1. My H1B Application was picked in the lottery(in April 2014 - for Fiscal year 2015) which was filed by Employer A. Went to visa stamping with a client letter given by the employer A and got the Visa on Aug 2014. Came to US in Oct 2014 but did not work for the given client. We got a new job with different client and moved on.(LCA was filed per the process)

2. In April 2017, extension was filed by Employer A. When the extension petition was in process, In June 2017, my initial petition(picked in lottery in 2014) was reopened followed by NOIR. Employer A replied to the NOIR but still got a revocation.It is being understood that the client letter that was given to us was not the right one.

3. In the meantime, I got a transfer to a new employer Employer B before I got the NOIR for Initial petition. I got a NOID for my transfer petition to Employer B as well stating I am not cap exempt due to revocation of initial petition. Response has to be submitted by end 01/31/2018. Not sure if the petition will be approved.

Because of the issue with initial petition, following petitions are being affected. Not sure how to proceed on this, looking for options.

I have an approved I 140 with Employer A(Will it be affected as well? or will it be helpful for any extensions? )

Tough situation brother....I think I know this company name.

So do you have any latest update on your case, please share it...it will be helpful?

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