Urgent-notice of intent to revoke

[drpillaird]

Hi,

I have an approved I 129 from company A where i currently work.(have been working for 3 years and they filed extension for 1 more year). In september a site visit was conducted when I was away at an educational meeting and HR failed to identify that I worked there. In October employer recieved RFE and responded to it. In March employer recieved intent to revoke and the lawyer is submitting a response to it.

I also have an approved I 129 to moonlight with company B where I occasionally do moonlighting.

1)If my I 129 from company A is revoked( no reason it should be ) can I legally stay on in USA with the I 129 from company B?

2)Will it affect any petitions in future?

3)Will I be out of status from date of revocation ? Or if revocation is from date of initial approval would it be from initial date of approval -??That means I am out of status from approval day even though I was employed and paid by company A??

Best course to avoid illegal stay ..

[Attorney_25]

If you have a second approved I-129, that would keep you from going out of status based on revocation of the first petition. Your Employer B may need to file an amended petition to signfiy that you will be working more regularly there, depending on what they specified in the first petition.

It sounds like your lawyer should be able to properly respond to the NOIR and the petition won't be revoked. If it is revoked based on your not being at the worksite, it probably won't affect future petitions for you unless there is a specific finding that you personally committed fraud.