H-1B revoked while continuing to work

[JaneO]

Hello,

I am facing an unexpected situation with my work visa. I just found out this past Friday  that my H1B visa was cancelled/ revoked by my employer due to miscommunication around Mid-November. I have continued to work with the company and on their payroll. I was put on an administrative leave this past Friday (Jan 31st) as soon as we found out about this.  My employer is supportive and ready to apply for new H1 under premium processing. Their immigration attorney is saying I would need to travel back to India and get a new H1 stamp then re-enter to cure the problem.

 

My husband is also on H-1B visa and we can also look to apply for an H4 visa if needed. But we are not sure what is the best way going forward.

 

The situation has made me very anxious. I would appreciate it if I can get your advice on what is the best way to resolve this.

My questions is:

(1) Is it at all possible to get Change of Status without having to leave the U.S.?

(2) How is this viewed by the visa officer at the consulate during interview? Should I request my employer to grant me a letter stating that this happened due to a clerical error?

(3) What are the chances they would refuse to grant a new H1B to me?

 

If anyone had a similar experience in the past, would appreciate more information.

Hoping to put this behind me and get an opportunity to re-start my job.

 

[jairichi]

 

Hello,

I am facing an unexpected situation with my work visa. I just found out this past Friday  that my H1B visa was cancelled/ revoked by my employer due to miscommunication around Mid-November. I have continued to work with the company and on their payroll. I was put on an administrative leave this past Friday (Jan 31st) as soon as we found out about this.  My employer is supportive and ready to apply for new H1 under premium processing. Their immigration attorney is saying I would need to travel back to India and get a new H1 stamp then re-enter to cure the problem.

 

My husband is also on H-1B visa and we can also look to apply for an H4 visa if needed. But we are not sure what is the best way going forward.

 

The situation has made me very anxious. I would appreciate it if I can get your advice on what is the best way to resolve this.

My questions is:

(1) Is it at all possible to get Change of Status without having to leave the U.S.?

(2) How is this viewed by the visa officer at the consulate during interview? Should I request my employer to grant me a letter stating that this happened due to a clerical error?

(3) What are the chances they would refuse to grant a new H1B to me?

 

If anyone had a similar experience in the past, would appreciate more information.

Hoping to put this behind me and get an opportunity to re-start my job.

 

1. You cannot apply for COS as you are out of status from the day H1B was revoked.

2. Tell the truth to VO.

3. No one can predict that.

[rahul412]

For COS to H4 you need your latest pay stubs but currently you are out of status since your H1 is revoked.

Just leave the country and get your new H1 visa. And make sure you get a letter from your employer why your H1 was revoked and what's the reason for that miscommunication.

[JoeF]

Since the old H1 was revoked, you are out of status. That means a COS is NOT possible.

How the officer at the consulate sees this is anybody's guess. Nobody can know.