H1-B Notice of Intent revoke and Consular Processing


Recommended Posts

Hi Friends,

Please help me with the following scenario.

I was working for a Client 'X' until Sep 23,2016.But on Nov 9 USCIS official visited Client 'X' for me to verify if I am working there but my contract ended on Sep 23.USCIS official called my employer asking  why I am not there at Client 'X' he replied saying that contract ended and submitted all proofs. But still received NOIR from USCIS(My employer didn't informed me) about the next LCA filed for new job. In the mean time  got new contract and joined on NOV 3 at Client 'Y' and my employer started Amendment process in regular but after receiving NOIR my employer with out telling me he upgraded amendment to Premium and got RFE questioning about where is the LCA started after ending at Client 'X'. So, Lawyer suggested to withdraw H1-B and filed a new petition and did consular processing. Upon approval I have to go to India and get stamped and come back.

My Questions are:

Was there any mistake committed by me ?

Whose responsible was this to file LCA's?

Can I go against to my employer?

Please Suggest .....

Link to comment
35 minutes ago, zoomzipper said:

No, this is not your fault, following all H1 filing rules is the responsibility of the employer. Unfortunately, denials affect employees more than the employer. So its always best to stay away from small time shady employers.

Today I got approval for new petition. I have to go out of country and get stamped can visa officer ask about my previous case?? 

Link to comment
2 hours ago, zoomzipper said:

Oh yes, they can ask you. Dont lie and consult with your employer's attorney or consult one on your own before you leave on how you should answer questions. 

Thank you for the reply and this time I have chance to do Drop Box Processing (Interview Waiver).While submitting the documents do I have to submit previous withdrawn I-797 too?

Link to comment
  • 1 year later...


This topic is now archived and is closed to further replies.