H1B Revocation Notice -Steps to be taken


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Hello All, My Employer received an Revocation Notice of my Current H1B ptetion which is valid till March 2014 after the Petition was returned to USCIS.Revocation notice from USCIS says Employee-Employer relation ship does not exists.

They further asked to submit the the proof for following with in 33 days.

1.Copy of relevant contracts between employer and my client.

2.Copy of signed Contractual agreements, SOW,service agreents, letters between employer andd End client where the employee actually work.

3.Copy of position,description,Tool needed to perform the job,whether the emplyer has right to assign duties.

The USCIS also specifically mentioned the eleven points (as on http://www.happyscho...orted-to-india/)of Employer-Employee Relationship to justify how the employer has the control on the project which the I am working on.

Does any one received this kind of notice? If so, how your employer approched on this?

What are the chances of getting this H1B Re-affirmed?

Or , Is it a good idea to file a new H1B either through the same Employer or a different Employer ?

Any help would be highly appreciated.

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This is very common now a days the only difference is you got it after approval rather than an RFE during the approval process. USCIS might have discovered something about by doing a random check.

I think all the details have not been disclosed here.

As long as you have all the documentation to prove all the points in the memo, you should be good.

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Hello immigrationseeker,

You are right . I forgot to mention that during the H1B Interview the Visa Officer(VO) asked me a few questions regarding who my Manager was , who assigned me day to day tasks ,etc. I mentioned my manager to be one of the end client's manager which i later found that i was supposed to name my employer or someone from my employer's end to be my manager. When i responded saying my Lead assigned me day to day tasks , the next question the VO asked was whether my lead was from my employer or from a different employer. I did clearly mentioned him that Iam not aware whether my lead works for my Employer or not .After that the VO handed over blue slip checking for a few documents.

The questions i have is :

1) Do you think that if my Employer still provides the USCIS with sufficient documentation showing Employment (like the Client Letter) for me besides other documentation ,is my H1b Petition going to be Re-affirmed?

2) If it does get re-affirmed, do i need to go for another interview and then will the US Consulate create problems?

3) Do you suggest me to re-file another H1B Petition either with my current employer or through another employer and whether filing a new petition is a better option than responding to the revocation notice?

Any help would be highly appreciated.

Does some one have any inputs on this?

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So you are in out of the states for visa stamping.

Yes that might have triggered the NOIR. But now since you have told them that your lead manages you and if the lead is not an employee of your employer, there is nothing much you can do about it even by providing the client letter or documentation.

If it gets reaffirmed, yes you will have to go for stamping again.

You can always re-apply or transfer your h1 to a different company.

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