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I have been working for company X since June 2020 with H1B petition valid till September 2022.

Due to material change, my employer filed Amendment on Dec 2021 and a revocation filed on Feb 26th, 2022 since I traveled to India on vacation. His intention was to refile the amendment once I came back from India.

But due to the Queue process in application review, USCIS first approved my Amendment on March 3rd, 2022 till Feb 2025, and revoked it on march 17th 2022 as per the employer's request.

After getting approval my employer forgot about revocation and I was also under impression that my H1B got Approved till Feb 2025. Later on September 26th, 2022 I filed an H4 extension for my wife and received a denial notice on January 8th, 2023. USCIS mentioned the reason for denial was the principal applicant's H1B was revoked on March 17th, 2022.

Then I checked with my employer about the revocation of my H1B amendment. He mentioned that they revoked my amendment and totally forgot to inform me and refile a new amendment.

So now my Amendment is not valid since it was already revoked by the employer. As per my initial H1B approval, I was working without status since September 26th, 2022.

But surprisingly if I check my H1B visa status in the USCIS portal it is still showing H1B approved. And one more thing I sponsored a B2 visa for my parents. They got visa stamping for 10 years on Jan 17th, 2023.


1) Why is it showing as approved in the USCIS case status portal even if it is revoked?

2) What is the option I have to get my status back?

Edited by Mahar
Title name correction
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  • Mahar changed the title to EMPLOYER REVOKED H1B AND FORGOT REFILE

1. You original petition is not revoked. Your amendment is revoked.

2. If you have worked in the capacity of your old LCA/H1B petition, then you are still in status. However judging from your description you likely worked in the capacity of your H1B amendment, which has a material change comparing to your old H1B petition. This would make you out of status. Ask your employer to file an amendment right now. If it got approved with an I94, then you are likely good. If it got approved without I94, you'll have to leave the country and re-enter to activate your H1B status.

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