Urgent: H1B petition revoked by USCIS

[vithalambi]

Hi All,

 

My H1B petition extension was approved with client "A" at location "A" with employer X on Jan 2014. After the approval I traveled to India for 5 month on personal reason on Jan end 2014. I worked from India for 5 months for the same employer X. I traveled back to US in June 2014 to work for client "B" at location "B".

 

In Jan 2015 I got IOR notice from USCIS. The reason for IOR is that there was a surprise visit by UCSIS and they came to know that I am not working at that place. My employer X submitted the documents for further details. In June 10 I got decision that, petition revoked.Still I did not get hard copy of the notice which contains complete details.

 

My I94 is valid till 2016 end. For this whole time my employer is same.Can you please help with for below queries.

 

1. What is my current status and how long I can stay in US.

2. Will there be any option left dealing with UCSIS for further clarification.
3. Can I transfer My H1B to another employer now? 3
4. Can I apply for H1B again, can application fall under CAP exempt quota

5. Is it possible to switch to any other visa type temporarily. My spouse is not working and she is on H4.

 

 

Please help me with the options.Your Response is really appreciated

 

Thanks.

[jairichi]

1. Out of status. Zero days.

2. Your employer has to contact an attorney,

3. You can try but it might get approved without I94.

4. If you have not used the 6 years allowed on H1B then you are cap exempt.

5. You can try to move to B2 but nothing is guaranteed as you are out of status.

 

Did your employer file a H1B amendment to work for client B at location B? If not whatever your employer did is illegal.

[livliv]

1. Out of status, staying is okay but working is not. Leave and return with an amended petition.

2. No

3. Yes, but it will not be approved with I-94. You will still need to leave and return.

4. Yes, that's the same thing as transfer. But the current employer only needs to file amendment.

5. No

[rahul412]

 

1. What is my current status and how long I can stay in US.

2. Will there be any option left dealing with UCSIS for further clarification.

3. Can I transfer My H1B to another employer now? 3

4. Can I apply for H1B again, can application fall under CAP exempt quota

5. Is it possible to switch to any other visa type temporarily. My spouse is not working and she is on H4.

1. If your H1 is revoked then you are out of status and you have zero days to stays. File COS to B2

2. H1 amendment

3, Yes

4. Yes

5. You can try B2.

 

Remember, H1 amendment is mandatory now. So get your H1 amended whenever you change the client.

[vithalambi]

Thanks All. Appreciate your response. 

 

Rahul412,

 

H1 amendment for my current work location is not done as rule was not there in June 2014. If applying for H1 amendment now will solve this petition revoke decision? (The notice of revoke is based on previous client location by USCIS inspector  visit)

 

Pls note my H1B visa and  I94 is valid till December 2016. Even is status is "out of status" Can I continue to stay in US without payroll? If yes, what is the timeline.

 

Petition revoke status, I have seen it online (USCIS webiste) but till now my employer has not communicated me officially. Still I am working in client location.

 

 

Thanks.

[jairichi]

Thanks All. Appreciate your response. 

 

Rahul412,

 

H1 amendment for my current work location is not done as rule was not there in June 2014. If applying for H1 amendment now will solve this petition revoke decision? (The notice of revoke is based on previous client location by USCIS inspector  visit)

 

Pls note my H1B visa and  I94 is valid till December 2016. Even is status is "out of status" Can I continue to stay in US without payroll? If yes, what is the timeline.

 

Petition revoke status, I have seen it online (USCIS webiste) but till now my employer has not communicated me officially. Still I am working in client location.

 

 

Thanks.

The rule to file a H1B amendment was there earlier. USCIS started taking serious note of its violation now.

Since your H1B is revoked you are out of status even if your H1B visa and I94 has a validity date. You need to move to a dependent status or exit US asap. Working after revocation is again a serious issue.

[rahul412]

H1 amendment was always req for material change. Now USCIS has made it mandatory bcos some shady employers never filed amendment when there employees move from one location to another.

 

Find another employer who follows the rules.

[rpachenge]

Hello Team,

 

My case exactly same as above. My H1B petition in revoked in June mid 2015 (its due to my employer didnt filed H1B amendment). My employer told me to relocate back to India in June end. Now I'm working from India office. In meantime my employer filed H1B amendment with Vermont office in premium. Also, my employer filed for MTR.

I have few clarifications-

1) How long it takes for H1B amendment approval.

2) Can I travel to US if my H1B amendment is approved. Or do I have to wait for USCIS to take back the revokation.

3) How long it takes USCIS to address MTR (to take petition revoke back).

 

Reply is really appreciated.

 

Thanks,

 

[rahul412]

 

1) How long it takes for H1B amendment approval.

2) Can I travel to US if my H1B amendment is approved. Or do I have to wait for USCIS to take back the revokation.

3) How long it takes USCIS to address MTR (to take petition revoke back).

1. 2-3 months

2. You should have a valid 797 at the time of travel

3. There is no specific time-frame.

[jairichi]

Hello Team,

My case exactly same as above. My H1B petition in revoked in June mid 2015 (its due to my employer didnt filed H1B amendment). My employer told me to relocate back to India in June end. Now I'm working from India office. In meantime my employer filed H1B amendment with Vermont office in premium. Also, my employer filed for MTR.

I have few clarifications-

1) How long it takes for H1B amendment approval.

2) Can I travel to US if my H1B amendment is approved. Or do I have to wait for USCIS to take back the revokation.

3) How long it takes USCIS to address MTR (to take petition revoke back).

Reply is really appreciated.

Thanks,

1. 3 to 4 months.

2. Yes, you can travel.

3. No timeline.

[rpachenge]

Thank you so much for the quick response. My H1B amendment got approved today as it was applied in premium. Now I don't have to wait for the MTR response right. I can have stamped and travel to US, correct?

[rahul412]

Yes.

[jairichi]

Thank you so much for the quick response. My H1B amendment got approved today as it was applied in premium. Now I don't have to wait for the MTR response right. I can have stamped and travel to US, correct?

That is correct.

[rpachenge]

Thank you!

[rpachenge]

Thanks! Rahul & Jairichi.

My employer says, I should still wait for MTR response. Without that I cannot travel to US.

1) How long it takes for USCIS to give MTR response.

2) what other options I have

Thanks

[jairichi]

Thanks! Rahul & Jairichi.

My employer says, I should still wait for MTR response. Without that I cannot travel to US.

1) How long it takes for USCIS to give MTR response.

2) what other options I have

Thanks

MTR response has no specific timeline. Instead of asking employer talk to employer's attorney.

[Karteekdavid]

Hello,

I’ve been on H-1B with company A and I’ve moved to Company B and currently working with Company B. I have an approved H-1B petition from Company B, with a valid I-94 and I also got my visa stamped with Company B’s petition. There was a Notice Of Intent to Revoke issued on Company A’s petition much later after I’ve moved to company B. I’m assuming there was site visit to Company A, as I was not working at Company A and they didn’t withdraw my petition from USCIS this notice was sent. USCIS hasn’t denied or revoked my petition from Company A yet, it’s still in NOIR state since past 8 months as my employer is not willing to reply to NOIR and not willing to provide me details of why there was NOIR.

1. Would my current H1-B with Company B get impacted? As It was counted as CAP Except petition based on my previous approval.

Could you please let me know.

Thank you.

[Vijay Jain]

On 4/6/2018 at 11:01 PM, Karteekdavid said:

Hello,

I’ve been on H-1B with company A and I’ve moved to Company B and currently working with Company B. I have an approved H-1B petition from Company B, with a valid I-94 and I also got my visa stamped with Company B’s petition. There was a Notice Of Intent to Revoke issued on Company A’s petition much later after I’ve moved to company B. I’m assuming there was site visit to Company A, as I was not working at Company A and they didn’t withdraw my petition from USCIS this notice was sent. USCIS hasn’t denied or revoked my petition from Company A yet, it’s still in NOIR state since past 8 months as my employer is not willing to reply to NOIR and not willing to provide me details of why there was NOIR.

1. Would my current H1-B with Company B get impacted? As It was counted as CAP Except petition based on my previous approval.

Could you please let me know.

Thank you.

Hi Karteek, Did you get any update on this? I am also int the same boat.