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  • April 2018 – Lottery picked

  • November 2018 – USCIS Site visit

  • December 2018 – Went to India, got H1B Stamped, came back

  • Feb 2019 – Intent to Revoke Notice was issued. According to them, the job description we submitted doesn’t match with the job description of approved LCA. LCA was approved for Cost-Estimator but USCIS claims the filed job description aligns more with Construction Manager than with Cost Estimator. Were asked to file a response with sample of work.

  • March 2019 – Attorney filed a response with required documentation.

  • June 2019 – H1B Revoked, so I am out of status – they found proofs unsatisfactory. Could file an appeal within 33 days.


My questions:

  • Can my company refile H1B instead of appealing it?

  • I have an approved visa stamp, how long can I stay in US?

  • Can I apply for jobs, go for interviews and if I get hired can I get the new company to file a new H1 petition?

  • If we end up appealing it, what all should we include?

  • What must one do in this situation?

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  • 6 months later...

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