H1 Revoke Notice on Expired H1

[bkshyam]

Was on H4

 

• H1 approval from March 2009.
• Applied for change of status from H4 to  H1 on Nov 12, 2010
• H1 approved from May 16th, 2011 To May 15th 2012
• Site visit on October 17th,2011 ( She was not at the site)
• On the same applied for H1 Amendment with receipt date October 21,2012 and got approved from October 21,2011 to May 15,2012 (Notice Date April 4, 2012)
• Joined new assignment on October 19th, 2011
• Applied for H4  receipt Date May15th 2012, this is based on my husband H1
• And got the H4 approval from June 11,2012 to Dec 31,2014 (Notice Date June11,2012)
• Went outside the country (India) and got H4 stamped on valid H4 till Dec 31, 2014

 

Received notice on April 17, 2014 (After two and Half Years) Notifies to intend to revoke the petition that you filed on November 12, 2012.

 

The notice says,

 

• If you are invited to provide any other evidence you feel will overcome the grounds of revocation.

 

• Alternatively, should the beneficiary no longer be employed by your company, please provide a letter of withdrawal per

Title 8 CFR 214.2(h)(11)(i)(A).

 

Please advice,

 

Do we need to send the withdrawal notice ?If we send the withdrawal letter what will be status between May 16th, 2011 To May 15th 2012.

 

OR do we need to send the letter stating that the beneficiary is now on H4? If so we need to send the corresponding documents like H4 approvals and my H1 documents.

 

What will be the issues in the future.

 

Thanks

 

 

[rahul412]

• H1 approval from March 2009.
• Applied for change of status from H4 to  H1 on Nov 12, 2010
• H1 approved from May 16th, 2011 To May 15th 2012

Second one was H1 ext??

[bkshyam]

No Same H1 just did the amendment.

[rahul412]

No Same H1 just did the amendment.

She is on H4 and USCIS knows that. Sponsoring employer should revoke that H1 once she resigned from that job, check with that employer why you got that email now.

[bkshyam]

What if the employer had revoked. Can they do  it now. If so what  will the status during that period?

[rahul412]

What if the employer had revoked. Can they do  it now. If so what  will the status during that period?

That doesn't matter. Currently she is on H4 and safe. No need to worry when that H1 is revoked.

[bkshyam]

Rahul

 

Thanks for the responses. I have a question,

 

I am with the same employer and sure he did not revoke, but applied for change of status to H4 based on my H1, with receipt date same as H1 expiration and got approved.

 

I my employer respond to this notice saying that she is on H4 and you can revoke the H1 for the said period, will there be any issues, like what will be her status during that period.

 

Shyam Banda

[rahul412]

I am with the same employer and sure he did not revoke, but applied for change of status to H4 based on my H1, with receipt date same as H1 expiration and got approved.

 

I my employer respond to this notice saying that she is on H4 and you can revoke the H1 for the said period, will there be any issues, like what will be her status during that period.

Don't worry about that previous status.