H1b revoked after transfer

[Pgus961]

Hi

Please help on below scenario.

1) 2015 H1b cap petition approved with employer A

2) Jan 2016 entered US

3) Sep 2016 Amendment filed by employer for location and client change

4) In the process of Amendment petition review, In April 2017 USCIS issued a NOIR on the initial cap petition that is approved in 2015 with a reason of fraud/misrepresentation for which employer A responded with the required documentation. 

5) Dec 2017 transferred H1b to employer B under cap exempt and started working for employer B

6) Apr 2018 USCIS revoked the actual petition approved in 2015.

My question is

1) Is this current transferred petition still cap exempt. Will there be any issues in further amendments or extensions. 

2) What are the options we have if its not cap exempt.

Thanks in advance for all your input on this scenario.

 

 

[NotAnAttorney]

1. If the initial base H-1B petition is revoked for fraud, you will not be cap exempt for future petitions. Future amendments and extensions are most likely to be denied, and we never know USCIS might actually revoked your current petition as well.

2. Nothing much, I have done some research about the same issue. Only option are cap-exempt employers and just wishing good luck.

 

[cap-gap]

Typically USCIS null and voids any benefits that are being derived from original petitions that have been revoked for fraud..

in this case, there is a good chance that they will not accept you as cap exempt.

[Pgus961]

Thanks for the response. 

1) If USCIS denies future amendments/extensions, will it be straight denial or will give any further notice for further documentation/ defending option.

2) We should wait for USCIS to come back on the current petition or need to do anything proactively?

 

Thanks

[JoeF]

You should discuss your situation with a good immigration lawyer.

[Pgus961]

Thanks JoeF