Help needed, Advice on "Invoke to revoke H1b"


Recommended Posts

Hi,

I had an approved H1B petition with company X from JAN 2009 - DEC 2011, applied extension in OCT 2011 with client A(with client letter), got my extension approved for 3 years DEC 2011 - DEC 2014(H1b Receipt number #W02) , had a client visit to my head office in Decemeber 2011, there was some confusion when the officer came to my head office he visited wrong building. we received letter from USCIS seeking explanation. We submitted the supporting document ,letter from my manager to USCIS and we haven't heard back anything. In Feb 2012 i had to move to different client B , we then applied the LCA with change of work location. on march 22 2012 ,moved to new job,client C and then again applied LCA with change of work location. In the meanwhile my company has changed the name of the company and it applied my H1ammendment with client C, which was approved(H1b Receipt number #E06). In march 2013 i received a full time offer, applied H1 transfer to new company D receipt date 13th march , started working with them from April 1st with receipt number(H1b Receipt number #E09) ,haven't received approval yet. On march 20th my company X received a letter from USCIS " INTENT TO REVOKE h1b(H1b Receipt number #W02) " . They did a second visit to my old client A in Jan 2013, as they couldn't find me, they sent a notice.

My question

1. My employer says, he would send a response , but what would happen if USCIS still revokes my H1?

2. Will it affect my current H1 transfer or any petitions in future?

3. Will I be out of status from date of revocation Or date of initial approval of the petition (DEC 2011)?I was not on bench even single day since 2009.

Link to comment
  • 2 weeks later...

The facts of your case appear complex. Generally, USCIS takes the position that a change in work location/end client is a material change which requires the employer to file an amended H1B petition. If the original H1B petition is revoked it is possible USCIS could then initiate revocation of all subsequent petitions which were based on the original petition. In addition, USCIS may determine that you are out of status. Please schedule a consultation with an experienced immigration attorney to discuss these complex issues and the options that may be available to you to ensure you are maintaining valid H1B status.

Link to comment

Archived

This topic is now archived and is closed to further replies.