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sathish2009

h1b revoked and applying for new h1b

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my spouse got h1b in 2013 it was COS from h4 through an employer A. She was on maternity leave when USCIS visited the client place and started working from march with another client in different location, she received Intent to revoke from USCIS for the reason not being at work while the Officer was visiting. Employer A submitted the amendment and it was under process, in the mean time she got into another project with the same client on a C2C basis. today her employer A called my spouse and said to stop working as they received a revoked h1b from USCIS. Now what are her options. She has deliverables for every two weeks in the current project. Employer is going to file a new h1b and asked her to apply for h4.

 

1. should she do COS from h1b to h4. Employer A Should file her new H1b  Wait for the approval and start working again ?

2.Can a employer B apply for a new h1b today and with the receipt date can my wife start working in the current project ?

3.If filing for new h1b by Employer A or Employer B will go into lottery or it would be exempt from lottery ?

 

Please advise.

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1. I doubt her COS to H4 will be approved. She has to exit US and enter with a valid H1B visa and new I797 (after amendment approval).

2. It takes 7 to 10 days for LCA to get approved and only after that a H1B petition can be filed. So, forget that route.

3. If she has not stayed the max allowed stay of 6 years on H1B she is cap exempt.

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There are a couple of things you can do:

 on your first question:  Apply for COS to either H4 or B2 for your wife to be in legal status.

Second: Have employer A or B apply for H1 in permium processing immediately, I am assuming this is her first H1B in 2013.

Third:  Send COS withdrawal request to USCIS.

 

Once she gets H1B approval, she can start working on the project again.  By doing this there will be a gap of about 20 to 25 days in work for your wife.  Discuss this situation with her employer and they will take care of things.

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