H1 Petition revoked by mistake; Nunc Pro Tunc Petition

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My employer revoked my existing H-1B petition by mistake in place of some one who had the same first and last name and left the firm last year. My employer came to know about it when USCIS raised an RFE on my H-1B extension application mentioning that my existing petition was already revoked at employer's request. My employer's attorney is planning to submit a Nunc Pro Tunc petition to USCIS with details about the inadvertent mistake from the employer and request to grant me H-1B extension on Nunc Pro Tunc basis. My LCA has not been revoked. The attorney have also asked me to provide an affidavit citing the personal (humanitarian) aspect of my case and US connections. I also traveled to Canada last year for one week and re-entered US on my existing H-1b Petition. I was issued a I-94 at the port of entry last year that was valid until the expiration date of my existing petition. My attorney is going to mention this fact as well in my affidavit.

Has anyone faced this kind of situation? How amenable USCIS is to accepting such requests?

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  • 3 years later...

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