HI Revoked

Recommended Posts

I got selected in H1b lottery in 2020 with the new lottery system. My change of status from F1 to H1-b took place on Oct 1st 2020. USICS has revoked my H-1b petition.


1. Can I apply for F1 reinstatement / F1 extension of status to avail my Stem OPT (Before H-1b I was on STEM OPT which valid till Feb 2022)? Can I stay in the US during this period?
2. If I do MTR / appeal, can I stay in US during the appeal period?

3. Will my F1 reinstatement affect the process of appeal/decision on H-1b?

4. Can my employer file a new petition under cap-exempt status, without going through next year's lottery?

Link to comment

1. Most probably your F1 with OPT is gone, not sure if you can "claim" that back. (check with school DSO if your SEVIS is terminated/updated indicating approval of H1). Also getting into legit university takes way longer, and during the time you may accrue illegal stay.  

2. Not you but your employer can file MTR based on valid grounds. You and/or your employer probably know why H1 was revoked.  MTR does not give you any grounds to stay in US. 

3. May be

4. Depends on if you actually worked on H1 or got paid, what was the time between your approval and revocation of H1, reasons why H1 was revoked etc. cap exempt has it's own criteria. You should get an attorney to evaluate all this for you.

Link to comment

When did they revoke your petition? since that day you will have ~60 days to leave or change of status, you are not defaulted to F1 after h1b is revoked, you might have to reach out to attorney, in some cases you might even need to travel out of country and return in F1status.

F1 reinstatement has nothing to do with your H1b other than the fact that you were moved from F1 to h1.

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.

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.