H1B Revoked , Can I still use this H1B

[skumar2010]

Could you please suggest me on the below situation .

 

1. H1B was applied in April-15 .

2. It was picked in lottery and got RFQ

3. Finally approved in Dec - 15.

4. Meanwhile, that person came to USA on L2 in June 2015 and applied L2-EAD before the H1B approved in Dec-15.

5. H1B sponsor initiated revocation of H1B as person has no job on H1B

6.On Jun 29th 2017, email notification received saying H1B got revoked thru USCIS Case Status application.

8 Since the day the person arrived in US to till date, he was never on H1B status, initially on L2 and later applied L2-EAD and currently working on L2-EAD.

 

Questions:

1. After revocation, does the H1B is still valid?

2. Can the person find a sponsor, a job  and transfer the revoked H1B?

3. What is the earliest date the person supposed to utilize the revoked H1B? (I mean to ask what is the expiry date of this H1B)

 

Thank you in advance and appreciate your help

[asikka]

you can only transfer if you are currently on H-1B status which clearly you are not as you are on L2 EAD.

I am not sure if you are Cap exempt as you got selected in a lottery, if you are then you can just find a new employer and they can file New H-1B under Cap exempt else you have to wait for next year lottery

[pontevecchio]

1. USCIS seems to have taken the stand now that either you get a H1 visa stamp based on the approved H1 petition or work for the sponsor at least once in order to consider you cap counted. Hence your H1 is not useful to you.

2. NA

3. NA

[skumar2010]

On 6/30/2017 at 3:30 PM, pontevecchio said:

1. USCIS seems to have taken the stand now that either you get a H1 visa stamp based on the approved H1 petition or work for the sponsor at least once in order to consider you cap counted. Hence your H1 is not useful to you.

2. NA

3. NA

Thank you 

 

[skumar2010]

I am Eligible to apply  next year H1B Quota . 

Thanks,