Initial H1B revoked by USCIS after filing for extension.


H1HE!!

Recommended Posts

Here is my complex scenario. Request inputs

1. My H1B Application was picked in the lottery(in April 2014 - for Fiscal year 2015) which was filed by Employer A. Went to visa stamping with a client letter given by the employer A and got the Visa on Aug 2014. Came to US in Oct 2014 but did not work for the given client. We got a new job with different client and moved on.(LCA was filed per the process)

2. In April 2017, extension was filed by Employer A. When the extension petition was in process, In June 2017, my initial petition(picked in lottery in 2014) was reopened followed by NOIR. Employer A replied to the NOIR but still got a revocation.It is being understood that the client letter that was given to us was not the right one.

3. In the meantime, I got a transfer to a new employer Employer B before I got the NOIR for Initial petition. I got a NOID for my transfer petition to Employer B as well stating I am not cap exempt due to revocation of initial petition. Response has to be submitted by end 01/31/2018. Not sure if the petition will be approved.

Because of the issue with initial petition, following petitions are being affected. Not sure how to proceed on this, looking for options.

I have an approved I 140 with Employer A(Will it be affected as well? or will it be helpful for any extensions? )

Link to comment

Hi, sorry for your case. I have my cousin similar story. But his I-140 was valid (H1B and i-140 are 2 different depts) and was never touched. later some months he got a project and refiled from india and came here again. so pls do not loose hopes.

in ur case looks like, your A employer filed a fraud client letter just to bring u over here. do not do such mistakes again.

Link to comment
  • 3 weeks later...
  • 2 weeks later...
On 1/20/2018 at 8:36 PM, H1HE!! said:

Here is my complex scenario. Request inputs

1. My H1B Application was picked in the lottery(in April 2014 - for Fiscal year 2015) which was filed by Employer A. Went to visa stamping with a client letter given by the employer A and got the Visa on Aug 2014. Came to US in Oct 2014 but did not work for the given client. We got a new job with different client and moved on.(LCA was filed per the process)

2. In April 2017, extension was filed by Employer A. When the extension petition was in process, In June 2017, my initial petition(picked in lottery in 2014) was reopened followed by NOIR. Employer A replied to the NOIR but still got a revocation.It is being understood that the client letter that was given to us was not the right one.

3. In the meantime, I got a transfer to a new employer Employer B before I got the NOIR for Initial petition. I got a NOID for my transfer petition to Employer B as well stating I am not cap exempt due to revocation of initial petition. Response has to be submitted by end 01/31/2018. Not sure if the petition will be approved.

Because of the issue with initial petition, following petitions are being affected. Not sure how to proceed on this, looking for options.

I have an approved I 140 with Employer A(Will it be affected as well? or will it be helpful for any extensions? )

Tough situation brother....I think I know this company name.

So do you have any latest update on your case, please share it...it will be helpful?

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...