Revoked my H1B from USCIS

[shansksg]

Hi Team,

I have employer A and approved my visa on Jun 24 2014 and visa valid from Oc1 2014 to Jun 15 2017 and 1st extension approved my visa on Mar 21 2017 and Visa valid from Mar 20 2017 to Jan 05 2020 and also my I140 got approved on Jul 15 2017 and priority date is Dec 14 2016.after that H1b transfer I have moved to employer B on Jun 28 2018 worked for 9 months contract from Jun 28 2018 to Dec 14 2018 and  my contract was over on Dec 14 2018 after  I have found the next contract on May 20 2019 and resign the job on Jun12 2019.they said that,the will retain the offer for anytime. after that I got received intent to revoke letter on Jun 07 2019 for my employer B.it was mentioned in this letter on that day site visit,Dec 20 2018 the site inspector was not able to contact the beneficiary and my employer B did not raise the amendment request and also employer said that you go back India and come back smoothly so we will do for counselor processing with 240 rule with new LCA for H1B in cap exempt.Last month Jul 03 2019 my employer B Responese back to USCIS.my employer B will not give the response letter to me and Last week Aug 02 2019 USCIS revoked my visa My employer B will not give the revocation letter to me and my attorney replied back,Which we can not control.at this point of time you should try for new employment and come back to USA.we recommend you pursue your H1B with another employer because of the revocation.

Note: Totally I have worked for 4 years 8 months of onsite experience in USA.

Questions:

1.This is about my situation so H1B cap exempt is applicable for another employer?

2.How long processing time for counselor processing? Or Any other process will be there?

3.what is official start date for 240 rule?

4.I don’t have any problem for I94 as of now admit until date showing as Jan 05 2020.

if I94 goes out of status mode or not?

5.What is  Nunc Pro Tunc?Could you please explain more in detail.

Regards,

Shan.

[GCoder]

Based on what I understand, you have been benched by Employer B between (Dec 6th & Jun 12th). Benching is illegal. Since your current H1B is revoked, you are no longer maintaining status. You need to exit immediately. 

Fortunately you are still cap-exempt. you can apply again with premium processing. The whole process may take anywhere between 2 months (RFE response time if Any). However, since USCIS has revoked the H1, you might face additional scrutiny and there are high chances that the new H1B might be denied. 

 

1. You are cap-exempt

2. 2 months (premium processing) + rfe response time. 

3. you are not eligible for 240 day rule. it applies only for people waiting for exiting h1b application result. 

4. You are out of status since you h1b is revoked. it doesn't matter whether you i94 is valid or not. 

5. It doesn't apply to you. It is only meant for uscis sending pre-date approvals. 

Edited August 15, 2019 by GCoder

[shansksg]

Thanks for your information.

I have checked with our Murthy law people.they said that,my contract was dec 14 2018 and grace period for 2 months after I came to India so you don’t have any out of status mode because already my visa got stamped Jan 05 2020 and you need to find the new employer for Cap Exampt with Premium processing to get the approved for my H1B visa within 15 days.if you have any other thoughts or suggestions?