Urgent --- H1b Revoked

[Ram1236]

I worked at client AA from Sep 2016 To Nov 2017. 

 

I changed my status from OPT to H1 on Oct 1,2017 

 

Homeland security made office visit to client AA  on  MARCH 10, 2017. 

 

During the Department of Homeland Security visit to client AA , client AA  stated that my project ended on Aug 2017 which is wrong. I worked till Nov, 2017 at client AA and I also have timesheets approved by client AA.

 

Also when I started a new job at client BB on DEC, 2017 immediately after my job done at client AA but my employer did not file amendment immediately. He delayed the process of filing an amendment to H1 and finally filed the amendment on END OF MARCH, 2018. I have requested my employer for the amendment couple of times but in vein.

 

Based on the site visit, USCIS sent out notices to my employer regarding this scenario on MARCH  2017.

 

Details provided verbally by my employer regarding this situation:

• A. He informed me in mid of MARCH 2018 saying that he received notices from USCIS. He asked for the dates I worked at LIENT AA. He never provided me any kind of paperwork he received from USCIS.
• B. In April he again reached out to me saying that USCIS is asking for additional documents. But the actual fact was USCIS sent out a “INTENT TO REVOKE” notice which he revealed me on July – 2018
• C. On July , 2018 – He informed me saying that my H1B has been revoked by USCIS. He got the revokal notice on  STARTING OF July , 2018 but he disclosed the notice to me on  MID OF July  2018.

 

Currently my immigration status is revoked and I'm out of status as my employer did not file for an amendment on time which I’m unaware of. Because of which I’m the victim of USCIS in this scenario.

 

My Current Questions:

 

I got the notice on  FIRST WEEK July  and was stated in the letter that I have 30 days to file my MTR. So what are my current options?

 

 

• a. What is my current status? CAN I WORK LEGALLY AT THIS POINT OF TIME? 
• b. Is my i-94 valid in this kind of scenario?
• c. HOW LONG CAN I STAY IN THIS COUNTRY?
• d. My current employer is filing for MTR. How long I can stay in USA once my MTR is in process?
• e. CAN My current employer CAN file for a new H1b based on the same client I’m working for right now. Can I continue my work at my current client based on the receipt number I receive from the new H1?
• f. Also I have been confirmed with a new job in same city . A new employer is willing to file for a H1 based on this client.
• g. Is it ok to file 2 H1B petitions from two different employers and 2 different end client locations at this point of time?
• h. If both the H1 options do not work out, is that ok to change my status to F1 again by enrolling to a second masters course at a US university?
• i. While my new H1B petition is in process, can I switch to F1 status?

 

[Vinayprirajin84]

First thing.. change your employer. contact immigration lawyer. 

[permaudit]

• a. What is my current status? CAN I WORK LEGALLY AT THIS POINT OF TIME? 
  • Out of Status
• b. Is my i-94 valid in this kind of scenario?
  • No
• c. HOW LONG CAN I STAY IN THIS COUNTRY?
  • You are accruing illegal stay from the day your H1 was revoked. More that 180 days will entitle you for a 3 year ban.
• d. My current employer is filing for MTR. How long I can stay in USA once my MTR is in process?
  • Everyday is counted for illegal stay
• e. CAN My current employer CAN file for a new H1b based on the same client I’m working for right now. Can I continue my work at my current client based on the receipt number I receive from the new H1?
  • You are not supposed to work at the client location as you do not have a valid work permit. You will not be able to work under receipt either. Even if your H1 gets approved it will be under consulate processing.
• f. Also I have been confirmed with a new job in same city . A new employer is willing to file for a H1 based on this client.
  • The new employer filing will be under consulate processing, you have to go and get a visa stamped before you can start working.
• g. Is it ok to file 2 H1B petitions from two different employers and 2 different end client locations at this point of time?
  • Yes
• h. If both the H1 options do not work out, is that ok to change my status to F1 again by enrolling to a second masters course at a US university?
  • Not an option as you are not in any status. 
• i. While my new H1B petition is in process, can I switch to F1 status?
  • No.

 

Best approach is to leave for your home country ASAP and get your H1 applied by the new employer. Get your Stamping done, as soon as your H1 is approved and come back.

[Ram1236]

On 8/6/2018 at 6:48 AM, Vinayprirajin84 said:

First thing.. change your employer. contact immigration lawyer. 

Found another employer who is willing to filling H1b ... Can wait till  it approved i regular process or I need to make premium processing   ??

[Nit55]

Hi, I am in the exact same situation. Did you contact any immigration attorney for consultation on this issue.

do you know what are the options ?

can we file H1B with a new employer under cap exempt ?

do we have a 60 Days grace period after revocation?

if New H1B approved should we immediately go for stamping ?

please let me know, thanks 

[cyberlord]

Leave USA and reenter on an approved petition