Reveal H1-B Revocation Letter


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I was employed with company "A" from March 2006 to Feb 2011. I quit "A" in Feb 2011 and moved on to H4.

In April 2012, I rejoined company "A" on H1-B. Based on the company's calculations, my H1B was approved until Jan 2013.

Since the new H1B period was less than a year, I was asked not to file for GC.

Before my new H1B expiration date, I consulted my company and it's law firm to check if H1B can be extended more. At this point, I was told that my previous H1B was revoked in Arpil 2011. And hence I can get an extension upto June 2013.

My question is can an employer withhold a H1B revocation letter from it's (ex)employee. I was not informed about my revocation letter when I rejoined "A" in April 2012. If it had been, then I would have got a visa for a year, and I could have filed for a GC.

Is there any law/rule specific to revealing or withholding information about H1B revocation letter by an employer?


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=> An H1b is the property of the employer and you don't have any right to get anything related to the H1b except lower part of I797. H1b revocation doesn't mean anything to you. It’s employer’s burden to follow the law and revoke it on time. The H1 duration is counted until the employer-employee relationship exists, that means you work for them and get paid regularly.

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Okay. If the revocation letter had been revealed at the time of my applying for a new H1, I would have gotten a visa for more than a year. That would make me eligible for a applying a green card.

=> H1b status duration is counted by your stay on H1b, i.e. employer - employee relationship not by revocation date of H1b. You should have offer letter and termination letter to validate your point and get actual 6 years on H1b. As I said, H1b revocation has no meaning with employee after the termination. Employer- employee relationship is gone, the H1b period is ended.

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