H1 revoked, what are my Options? PLS HELP!!!

[abn80]

My H1 was revoked due to gross error in April 2015, what are my options. I am still in US and had got admitted to MBA program for summer. Can i get my status as student, Whats the process. 20 days have passed and I haven't made a decision yet.

 

What are my options, I am Bachelors Degree holder from US. Please help!!!

[jairichi]

Due to what error was it revoked?

[abn80]

my H1 was cap exempt and after one year USCIS decided they made a gross error on their part and I am out of status right but want to start my MBA but don't know how to reinstate back to F1.

[jairichi]

my H1 was cap exempt and after one year USCIS decided they made a gross error on their part and I am out of status right but want to start my MBA but don't know how to reinstate back to F1.

You cannot do anything other than to exit and enter US with a valid F1 visa and supporting documents not more than 30 days before your course start date.

[jairichi]

And, out of curiousity which college has a MBA start date in summer?

[JoeF]

my H1 was cap exempt and after one year USCIS decided they made a gross error on their part and I am out of status right but want to start my MBA but don't know how to reinstate back to F1.

 

You still didn't explain what the error was.

USCIS rarely reverts an approval, usually only if there was fraud or the paperwork was not in order. An example is using a degree from a non-accredited institution.

If they reverted the approval retroactively, you may not just be out of status, but overstaying, and you may have a ban if you leave the country.

You need to discuss your situation with a good immigration lawyer ASAP.

[abn80]

Its not start date in summer, I had joined part-time MBA while I was on H1, but since H1 is revoked I am trying if I can continue my studies full-time at the University. Thank you for your opinion.  

[jairichi]

Its not start date in summer, I had joined part-time MBA while I was on H1, but since H1 is revoked I am trying if I can continue my studies full-time at the University. Thank you for your opinion.  

Read JoeF's response. You will have to exit US and also discuss with a good immigration attorney.

[abn80]

No Sir, there was no fraud in paperwork, the hospital I work for hired an immigration attorney who did the paperwork for H1 cap exempt as the hospital was a non-profit company and was associated with the University. There was RFE but only asking if the position applied was speciality occupation. Once we were able to prove that I was given Visa.

 

After an year when the hospital was filing for another candidate the immigration denied his visa and they also found that the hospital is not considered as Non profit as per USCIS because we are NOT 501C Federal Tax Exempt. And so it affected my case too saying they made a gross error by approving it in the first place. So they have right to correct their mistake for the good cause. And henceforth my Visa was revoked on that basis.

 

I had applied for MBA program before my visa was revoked and I also found out that my H1 within cap got approved for October 2015. I just wanted to find out if I have to lose a semester because of my situation. 

[abn80]

Will my October H1 stamping have problems because of revoke, even though not intentional. Since I can't back into school I am leaving just worried if I will have problems in stamping for October.

[jairichi]

No Sir, there was no fraud in paperwork, the hospital I work for hired an immigration attorney who did the paperwork for H1 cap exempt as the hospital was a non-profit company and was associated with the University. There was RFE but only asking if the position applied was speciality occupation. Once we were able to prove that I was given Visa.

 

After an year when the hospital was filing for another candidate the immigration denied his visa and they also found that the hospital is not considered as Non profit as per USCIS because we are NOT 501C Federal Tax Exempt. And so it affected my case too saying they made a gross error by approving it in the first place. So they have right to correct their mistake for the good cause. And henceforth my Visa was revoked on that basis.

 

I had applied for MBA program before my visa was revoked and I also found out that my H1 within cap got approved for October 2015. I just wanted to find out if I have to lose a semester because of my situation. 

You might be fine in this case. Talk to a good immigration attorney like Murthy law firm & carry all documents needed to support your case.

[JoeF]

So, the H1 was not supposed to be cap-exempt. Only universities, NON-PROFIT research organizations affiliated with universities, and government research organizations are cap-exempt.

You need to see a good immigration lawyer ASAP. Forget about stamping, you may have been overstaying!

[abn80]

Thank you for all the guidance, I am in India and and setting up my visa interview for October H-1B visa, but when I am trying to setup an appointment for interview it asks me if I have an Visa issued in same category which I had for an year before getting Revoked for Company not fulfilling the Tax Exemption as required by USCIS.

Do you have a previous H-1B visa (temporary occupation, temporary worker or trainee)?

 

Were you denied any kind of U.S. visa after your most recent U.S. visa was issued?

 

Is your previous H-1B visa (temporary occupation, temporary worker or trainee) still valid?

Did your previous H-1B visa (temporary occupation, temporary worker or trainee) expire within the last 12 months?

 

Congratulations! You qualify for the “Drop Box” Interview Waiver Program. Please do not schedule an appointment at the Visa Application Center or U.S. Embassy/Consulate.

When you click “Continue” to proceed with your application.

Step 1. Print one copy of the Drop Box Confirmation Letter.
Step 2. Drop off your listed documents at one of our 11 Document Drop-Off locations.
          Current passport and any old passports with a U.S. visa.
          One photograph (per U.S. visa specification).
          Photocopy of form I-797.

Note: Using the Interview Waiver Program does not guarantee visa issuance. The U.S. Embassy/Consulate retains the right to call an applicant in for an interview, if necessary.

 

So, it is giving me the option of Drop Box and on the website there's nothing mentioned about revoked visas.

Please could someone tell me what I should do?

[jairichi]

Thank you for all the guidance, I am in India and and setting up my visa interview for October H-1B visa, but when I am trying to setup an appointment for interview it asks me if I have an Visa issued in same category which I had for an year before getting Revoked for Company not fulfilling the Tax Exemption as required by USCIS.

Do you have a previous H-1B visa (temporary occupation, temporary worker or trainee)?

 

Were you denied any kind of U.S. visa after your most recent U.S. visa was issued?

 

Is your previous H-1B visa (temporary occupation, temporary worker or trainee) still valid?

Did your previous H-1B visa (temporary occupation, temporary worker or trainee) expire within the last 12 months?

 

Congratulations! You qualify for the “Drop Box” Interview Waiver Program. Please do not schedule an appointment at the Visa Application Center or U.S. Embassy/Consulate.

When you click “Continue” to proceed with your application.

Step 1. Print one copy of the Drop Box Confirmation Letter.

Step 2. Drop off your listed documents at one of our 11 Document Drop-Off locations.

          Current passport and any old passports with a U.S. visa.

          One photograph (per U.S. visa specification).

          Photocopy of form I-797.

Note: Using the Interview Waiver Program does not guarantee visa issuance. The U.S. Embassy/Consulate retains the right to call an applicant in for an interview, if necessary.

 

So, it is giving me the option of Drop Box and on the website there's nothing mentioned about revoked visas.

Please could someone tell me what I should do?

 

If you ever had a H1B visa stamped in your passport  and fulfill all other requirements then you are eligible for dropbox. Revocation was done for your H1B petition and not visa.

[abn80]

For the second question :

 

Were you denied any kind of U.S. visa after your most recent U.S. visa was issued?

 I answered No, leads me to dropbox and if I answer Yes I can schedule an interview. My only concern is about my situation of my previous H-1B Visa being Revoked and Cap-Exempt and also me staying out of status in US for 50days. 

 

Will all these factors affect my new H-1B Cap subject Visa decision, isn't it better for me to attend the interview in person?

[jairichi]

For the second question :

 

Were you denied any kind of U.S. visa after your most recent U.S. visa was issued?

 I answered No, leads me to dropbox and if I answer Yes I can schedule an interview. My only concern is about my situation of my previous H-1B Visa being Revoked and Cap-Exempt and also me staying out of status in US for 50days. 

 

Will all these factors affect my new H-1B Cap subject Visa decision, isn't it better for me to attend the interview in person?

You are fine for a dropbox. In case after submission of documents they need an interview US consulate will let you know

[abn80]

Thank you Jairichi, I have one more question, In DS160 is right decision to say I overstayed and give an explanation even though my i-94 was valid till October 2015 but because H1b was Revoked, we assume the i-94 is also invalid.

[jairichi]

Thank you Jairichi, I have one more question, In DS160 is right decision to say I overstayed and give an explanation even though my i-94 was valid till October 2015 but because H1b was Revoked, we assume the i-94 is also invalid.

That is correct.

[abn80]

Thank you so much Jairichi, like you advised I used box on July 2nd, by July 7 it was ready and went to Administrative Processing in evening. On July 14, by afternoon it showed issued on my visa status.

[jairichi]

Thank you so much Jairichi, like you advised I used box on July 2nd, by July 7 it was ready and went to Administrative Processing in evening. On July 14, by afternoon it showed issued on my visa status.

Congrats. Glad things worked out for you. Thanks for the update.