H1B Intent to Revoke for the CAP Petition after Client Visit


Kumar997

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Hi,

I filled my H1B for the CAP Petition on April 2019 in General category with client "A". Unfortunately, my project with that client got terminated and moved to another client "B" on May 2019. On Sept 13th 2019 that H1B got approved without any RFE. We're about to file Amendment with new client in October 2019 but on Sept 19th USCIS called my previous client "A" and enquired my manager about my project status and they got to know my project terminated in May 2019.

Notice has been sent to my employer regarding this on Sept 27th and my employer responded to that and looks like USCIS satisfied with my employers response. We immediately filed Amendment on Oct 1st week (We waited for Oct 1st to start my H1B to file amendment) and it got approved on Oct 9th. 

We thought issue has been fixed and USCIS is okay with my case but on Feb 19th my employer got "Intend to Revoke notice" stating beneficiary is no longer employed in the location specified in LCA. I have few questions listed below. It would be great if you can help me on those questions.

1.  What are the chances of getting my H1B revoked?

2. What I am supposed to do if my H1B is revoked?

3. Can I opt for Day 1 CPT and work on F1 visa?

4. Is it best option to change my visa to F2 (F1 dependent)?

Looking forward to hearing from you.

 

Thanks

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1. High chances that your work permit would be revoked. Has your employer replied to this notice?

2. find another employer or file new petition. If intent to revoke is due to fraud, chances of your future petition approvals are slim.

4. If your spouse is on F1, yes you can change to F2. Look up pros and cons of F2.  If it's the best option , depends on what happens to your current petition.

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The H1 was approved in error because the project with client A no longer existed. The employer was required to inform USCIS of this and withdraw the pending H1.

The project listed for the H1 has to exist until the H1 starts.

So, since the H1 was approved in error you are not considered counted for the quota. An employer can file an H1 for you in this year's quota. You should probably find a better employer, because this one seems to be shady and doesn't know the rules. Do they even have an immigration lawyer? A lawyer would have told them all this from the start.

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1.  What are the chances of getting my H1B revoked? -- HIGH chances for revoked.

2. What I am supposed to do if my H1B is revoked? - leave USA ASAP.

3. Can I opt for Day 1 CPT and work on F1 visa? - BIG BIG BIG RED FLAG. I suggest not to do this and spoil your future.

4. Is it best option to change my visa to F2 (F1 dependent)? NO. Best option leave USA and find better employer.

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