H1B: 7th year extension granted and subsequent Intent to Revoke notice


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H1 6 yrs expiration: Sep 30 11

Company A filed for PERM under EB2 on July 09 2009; approved Mar 17 2010; I-140 with Company A filed on Sep 10 2010

I-129 filed on May 18 2011 for 7th year extension

Simultaneously, Company B filed another EB-2 LC on June 23 2011

Company A withdrew petition on June 27 2011

H1B is with Company C since June 2010.

I-129 petition for 7th year extension approved on Aug 3 2011 (until Sep 30 12)

Also, Company B EB-2 PERM approved on Aug 29 11; I-140 filed on Oct 6 11, now pending. Upgraded to premium processing on Dec 15 2011.

Now, Company C received "Notice of Intent to Revoke the approved H1 extension” citing withdrawal of EB-2 petition by Company A.

Response filed by Company C on Dec 8 2011 citing active EB-2 Company A petition at the time of filing I129 and subsequent PERM approval from Company B and pending I-140 with Company B.


1. Is it possible, given the facts, that USDHS could revoke my already approved H1 extension (until Sep 30 2012), even though the I-129 was 'approvable' when filed on May 18 2011 and approved correctly on Aug 3 2011.

2. What are my options in case my H1 is revoked? Does my status change if the I-140 gets approved before USDHS makes a decision on my response to the Notice of Intent to Revoke?

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Generally, to be eligible for an H1B extension beyond the normal six year limitation, the basis for extension must exist at the time of approval, not filing at filing. Therefore, it is unlikely to overcome the NOIR. However, due to the complexity of your situation it is advisable to speak directly with a qualified U.S. immigration attorney. The Murthy Law Firm has very well-regarded Green Card and H1B Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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