H1B revoked after approval

[Hisubbu]

Hello Team,

I was granted H1B in 2013. Since December 2013, I have been in US working on my H1. 

Recently I had a job change to a full time. I had my visa processed in premium and got it approved. 

Later a month, my attorney received a letter from USCIS for the intent to revoke the petition/approval questioning the educational evaluation and experience letters not being progressive. 

 

My attorney and the company working closely to get the issue sorted out by filing a new petition, but I would like to know, 

1. how long I can stay in US with out status 

2. If I appeal or file the petition, will I be able to continue staying here ?

3. What is he possibility of getting through this case 

4. What other alternatives that I should look for to stay in US until the case is adjudicated? 

qualification: B.Sc Statistics 

experience: 11.5 years 

petition is with a full time employer having more han 25K associates around US.

 

[cap-gap]

It’s intent to revoke not yet revoked..

[sss1199]

I am kind of in a same situn. But i got this 'progressively responsible role' RFE for my H1B transfer. It looks like a new kind of RFE as per my Attorney and they are bit confused how to proceed with this. 

They are saying exp letters with proper progressive role changes would suffice. Some IT expert attestation also will be required.

[NotAnAttorney]

NOIR is not the final state, it gives some time to respond and later takes some more time for decision, in all it should give you atleast 2 months times from NOIR for you to stay legally in status.

Appeal doesn't give status.

Very tough, with 3 year degree, they might consider if you degree is very closely related to you work. 

[Hisubbu]

@sss1199

Could you please let me know if you made any progress? My employer is going to submit a fresh application instead of appealing for the one already submitted. 

It would be really helpful if you could provide some pointers on what is happening in your case and how much possibility in getting it through.

Thanks again!

[sss1199]

@Hisubbu attorney saying.. You would need to have Progressively responsible terms in your experience letter, resumes etc. Like first few years you did this role and in the next you improved it with more responsible role like that... Am doing some attestation from my old managers who are in a good position now[RFE basically was asking for attestation from 2 IT experts].  Please note, the attorney had already submitted the educational evaluation by an independent professor, you may have to do it.

Mostly they would file the RFE by the end of next week.

[Hisubbu]

1 hour ago, sss1199 said:

@Hisubbu attorney saying.. You would need to have Progressively responsible terms in your experience letter, resumes etc. Like first few years you did this role and in the next you improved it with more responsible role like that... Am doing some attestation from my old managers who are in a good position now[RFE basically was asking for attestation from 2 IT experts].  Please note, the attorney had already submitted the educational evaluation by an independent professor, you may have to do it.

Mostly they would file the RFE by the end of next week.

Thanks bro! My situation is so peculiar that the petition was approved and then revoked. :(

When the Intent to revoke was sent, the attorney replied back with educational evaluation from a Professor. Later, they went ahead and revoked it stating one of the letter talking about the professor was dated 2015. 

I am getting the progressive experience letter for 11 years from my previous employers, where the HR officials will be signing them on company letterhead. Moreover, the educational evaluation will be done again. Hoping these should be fine to get this through. 

Though the petition was revoked, the status still shows RFE which is confusing.

Please keep me posted with updates on your side 

[sss1199]

All the best man.. it should be fine..

Now the status online doesn't work it seems. Mine is still showing Received. But Attorney received the RFE.

[VI001]

@Hisubbu @sss1199

I did start another thread talking about the same RFE which I received on my H1B extension case. When a petition was filed, the attorney did do education evaluation and it was submitted however I still received RFE stating case does show my work experience was “progressively responsible.”

Regarding my work experience, I have 19 years of working experience in software engineering and have completed B.Sc three year degree from India Physics (major) + Computer Science. 

Now attorney working directly with the employer and preparing work experience letter. 

 

@Hisubbu "the professor was dated 2015."  - What do you mean by that?

 

 

[Hisubbu]

@VI001

I had the same issue where my APPROVED petition was revoked after a month stating Progressive experience, I have started to get my experience letters in detail from all my previous employers.

I am B.SC Non-CS with 12 years of experience

Regarding the date 2015, The professor did an evaluation and provided a certificate. To support the professor, the college dean provided a letter supporting professor and his profile that he is authorized to grant credits, etc. But the issue is the letter from Dean was dated in 2015 and USCIS raised questions on the professor existence, current role, etc. 

[VI001]

 

@Hisubbu Ohh ..so evaluation was done in 2015. 

 

[Hisubbu]

No! The evaluation was done current. But the supporting document for the evaluator was dated in the past. 

That caused the issue where USCIS asking the credibility of the document since its dated in the past and also the whereabouts the professor who did the evaluation.

[VI001]

@Hisubbu Thanks for clarifying it.

Other than preparing and providing work experience letters from previous employers, is your attorney going to get an evaluation done once again with the updated supporting documents?

Have you discussed your plan B options for worst case scenario? Like employer could file a new H1-B petition OR if you have an option for H4 then filing H4 case immediately to avoid out of status state etc..

Looking for other forum members as well to share their knowledge if they have information on similar RFE cases.

[Hisubbu]

I tried! Yes my employer would be filing a new petition with a fresh set of educational evaluation done. Unfortunately I do not have an option of H4 and hence I am out of status. 

Moreover, if the petition gets approved, should I travel back to India to get the stamping since I was out of status for the last one or two weeks with valid I 94.?

I also checked with couple of attorneys and they were very confident of this case going through the next time if filed. Surfing through other forums to see if I could find a similar case and how it was handled. No luck yet. No one had an situation of petition being approved and then revoked. 

[Hisubbu]

@sss1199

My friend - Any update on your case?

I received my experience letters with detailed roles and responsibilities showing progressive experience. We are in the process of getting the expert opinion and educational evaluation done. 

I just wanted to check with you on your status

[sss1199]

There was some delay from the company and they would file it next week. I will update the details here.

[Hisubbu]

On 5/17/2018 at 2:12 PM, sss1199 said:

There was some delay from the company and they would file it next week. I will update the details here.

@sss1199

Thank you! Please keep us posted. 

My petition is also getting ready and will be filed in a week time. I will post the update as well

Edited May 21, 2018 by Hisubbu

[VI001]

@sss1199 @Hisubbu

RFE response for me will be filed on 06/15, meanwhile, I am collecting experience letters from previous employers. Sample experience letter:

To Whom It May Concern:

This letter serves to verify the work experience of Mr. xxx during his employment with ABC Technologies. MR. xxx was employed with ABC from October 2011 until May 10, 2018 in progressively responsible positions.  

By way of background, I began my career in information technology industry 20 years ago after receiving my Bachelor’s degree from American University [More detail about supervisor/manager who will be signing your experience letter.]

Given my extensive experience in the technology sector, I have a clear understanding of the skillset required for hiring a successful software engineer. Thus, I believe that my credentials qualify me to evaluate Mr. xxx accomplishments and to strongly support him as an expert software engineer.

Mr. XXX gained progressively responsible experience in the followings:

1) ...
2) ...

etc...

 
Based on my expertise as well as my experience with Mr. xxx and personal knowledge of his abilities, I certify that he demonstrated progressively responsible experience as a Software engineer. If you have any questions, please feel free to contact me at nnn-nnn-nnnn

Sincerely,

Manager
123

[VI001]

Do let me know, about how your RFE response is prepared and outcome please.

[Hisubbu]

On 5/29/2018 at 5:52 PM, VI001 said:

@sss1199 @Hisubbu

RFE response for me will be filed on 06/15, meanwhile, I am collecting experience letters from previous employers. Sample experience letter:

To Whom It May Concern:

This letter serves to verify the work experience of Mr. xxx during his employment with ABC Technologies. MR. xxx was employed with ABC from October 2011 until May 10, 2018 in progressively responsible positions.  

By way of background, I began my career in information technology industry 20 years ago after receiving my Bachelor’s degree from American University [More detail about supervisor/manager who will be signing your experience letter.]

Given my extensive experience in the technology sector, I have a clear understanding of the skillset required for hiring a successful software engineer. Thus, I believe that my credentials qualify me to evaluate Mr. xxx accomplishments and to strongly support him as an expert software engineer.

Mr. XXX gained progressively responsible experience in the followings:

1) ...
2) ...

etc...

 
Based on my expertise as well as my experience with Mr. xxx and personal knowledge of his abilities, I certify that he demonstrated progressively responsible experience as a Software engineer. If you have any questions, please feel free to contact me at nnn-nnn-nnnn

Sincerely,

Manager
123

Thank you for the details. 

I had gone back to my employers and received detailed experience letters like the responsibilities for each designation held with each employers

Along with this a detailed academic evaluation was done by a computer science professor from an accredited university having experience in granting college level credits and also holds a PhD. 

These are documents submitted with a new petition and I am still waiting on the receipt for a week now. 

[Hisubbu]

On 6/4/2018 at 0:22 PM, Hisubbu said:

Thank you for the details. 

I had gone back to my employers and received detailed experience letters like the responsibilities for each designation held with each employers

Along with this a detailed academic evaluation was done by a computer science professor from an accredited university having experience in granting college level credits and also holds a PhD. 

These are documents submitted with a new petition and I am still waiting on the receipt for a week now. 

The fresh Petition applied has been approved! Good luck to everyone!

[VI001]

On 6/5/2018 at 12:25 PM, Hisubbu said:

The fresh Petition applied has been approved! Good luck to everyone!

Congratulations @Hisubbu 

Happy for you.😄

For me, the attorney taking time to respond. I have provided experience letters from 2 employers for past 15 years. And getting an evaluation done one more time, hoping for the best.

Last question for you- Which USCIS office your petition was submitted? And was it premium processing?

[VI001]

Got approval today on my H1B extension. Good luck all of you on your case..

[sss1199]

Good to know this guys...

My Response also filed last week. Waiting for the decision now. @VI001 which was the processing center ? california ? How long it took to get the decision after you filed the response ?

[VI001]

@sss1199 California center for me.

Since my case filed with premium processing, I got USCIS decision in 7 days.