H1b revoked due to employer employee relationship

[Arbaaz786]

Hi ,

 

My H1b was revoked because of speciality occupation and employer-employee relationship on dec 7 . I got my aproval from oct 1 2019 to 2021. My employer wants me to stay in US and he is filing MTR for my case.

1)Can i transfer my h1b or do i have to refile it next year ?

2)Can i stay or i have to leave (60 grace period applies for me ?) 

 

[gopalakrishnach]

1) I feel you donot have approved I140 and since your H1B is revoked and it is gone so no active H1B for transfer. I feel new petition. I may be wrong.

2) I feel 60 days applies to you since I94 is still valid..

[JoeF]

Was this your first H1?

Was it ever approved? Or was there an RFE, and the H1 got denied after that?

If the H1 has been revoked for fraud you may not have any rights to stay.

Also, an pending MTR doesn't give you any rights. You can not work. How would you finance your continued stay (rent, food, ...)?

You should discuss your situation with  good immigration lawyer.

[Arbaaz786]

5 hours ago, JoeF said:

Was this your first H1?

Was it ever approved? Or was there an RFE, and the H1 got denied after that?

If the H1 has been revoked for fraud you may not have any rights to stay.

Also, an pending MTR doesn't give you any rights. You can not work. How would you finance your continued stay (rent, food, ...)?

You should discuss your situation with  good immigration lawyer.

1)Yes

2) Yes it was approved , I got a noir saying my employer did not pay acwia fees properly and asked to pay accordingly. I got speciality occupation      and employer-employee RFE as chirstmas presents. 

No sir , it was not fraud, the document says its a gross error ,and the revocation notice says we could not provide enough evidence for employer-employee relationship and speciality occupation hence revoked.

3) Can i stay and refile in March ? I can definitely finance myself, i had a good paying job

 

 

[JoeF]

4 hours ago, Arbaaz786 said:

1)Yes

2) Yes it was approved , I got a noir saying my employer did not pay acwia fees properly and asked to pay accordingly. I got speciality occupation      and employer-employee RFE as chirstmas presents. 

No sir , it was not fraud, the document says its a gross error ,and the revocation notice says we could not provide enough evidence for employer-employee relationship and speciality occupation hence revoked.

3) Can i stay and refile in March ? I can definitely finance myself, i had a good paying job

 

 

You can NOT work in the job, since your H1 is gone. Any work would be illegal.

Further, if the employer didn't pay fees it is fraud.