Current Status if COS from H4 to H1 is approved and received "Intent to Revoke" from USCIS

[Abhinav Sachdeva]

Hello All,

Need urgent help in understanding the current status for my wife in US.

She was on H4 and an employer filed COS from H4 to H1, which was approved and immediately after, with in a week time of approval, USCIS has sent intent to revoke notice. Reason for "Intent to Revoke" is speciality occupation and not any fraud or misinterpretation of information or facts.

We are not replying to notice of "Intent to Revoke" and either Employer will withdraw the petition or USCIS will revoke it. Employer is not sharing the approved H1b copy.

My questions are

1) Is she on H1 Status until it is revoked?

2) If Employer request for withdrawal of the petition, will she be considered on H1 until it is revoked and we have to file COS from H1 to H4 before H1 is revoked. In this case can this H1 be used in future as cap exempt?

3) If USCIS revokes it and not employer place request for withdrawal, will it be considered that she was never on H1 and we are automatically back on H4 status?

4) If Point number 2 is true and she is on H1 status, should i immediately file COS to H4 using my current h1 approved petition or should I apply COS to H4 along with my H1 transfer to new employer?

5) Can i raise FOIA request to get H1b approval copy?

 

Thanks,

Abhinav