h1b revoked, what is the effective date of revocation?

[rppgen]

Folks

My h1b extension was revoked recently after NOIR.

I have received different answers on what will be the "effective date" of revocation?

A) As of Jan 2011, i have an Approved H petition from 2009 to Jan,2012

B) Changed work location in May 2011 (at this time petition A is in effect)

C) Oct 2011 - new H (extension) approved [2012 to 2014]

D) Feb 2013 the extended H petition © is revoked.

So, am i out of status from D (Feb 2013), or B (date of violation) or A (Jan,2012 - validlity of original peition)?

:)

fragomen says (D) and murthy lawyer says (B).

Please reply based on learning from an actual incident.

[Attorney_25]

You are out of status from the date that you are not working according to the terms of the H-1B petition approved for you. You are unlawfully present from the date of revocation of the petition.

I believe there is an issue with your facts, as it does not make sense that an extension petition would be revoked based on a work site change that occurred before the extension was even filed, unless there was a misrepresentation of your work site on the extension petition. It seems that you need an attorney to review all the documents and more detailed facts in order to properly advise you on your issues.

[rppgen]

Well, the dates stated above are correct. Violation (relocation without h1b amendment) occurred before new petition was filed & approved).

Either way, they chose to revoke this new approved petition later after audit & NOIR and reason stated was this (relocation issue).

BTW, just to double check with you...is your claim effective date of revocation is (D) based on an actual incident?

Txs for your response.

[cat325]

Did you relocate outside of the area of intended employment as stated in LCA? Was it another state or city?

[rppgen]

It was in another state and LCA was filed and approved. But USCIS officer thinks h1b amendment is needed. But their law states that is not needed when location is the only change (no change job description).