H1B - Revoked (What are my options)

[sunny_86]

Hi,

 

My first H1B got approved in May, 2014 and got revoked yesterday bcz my employer made a double submission(with employer's another company) with the same client. Can someone please walk me through my options.

 

I still have a valid f1 visa valid thorugh this December, 2015. And my attorney is going to file a motion againt my revoked h1.

 

1. As my h1b got revoked and my attorney is going to file the motion can i still apply for a new H1b this coming April,2015. And if yes, am i eligable for masters quota or should i apply in general quota.

 

2. As my attorney is going to file a MTR am i legal to stay in US? If yes, how long can i stay.

 

3. As i have a valid f1 visa i am planning to get a i-20 from a reputed universtiy and go back to india. So, my question is do i need to attend the f1 visa interview again or i can still come with the visa which is valid thorugh Dec. 2015.

 

I appreciate your help.

 

Thank You.

[JoeF]

An MTR doesn't give you any immigration rights.

You need to leave the country.

And you would need to get a new F1 visa since it is more than 5 months since you were on F1.

[jairichi]

1. Yes. Depends on whether your Master's degree is from an accredited, public/non-profit institution.

2. No, you have to leave US as an MTR does not give you the legal right to stay in US.

3. Yes, you need to attend F1 visa interview.

[rahul412]

 

My first H1B got approved in May, 2014 and got revoked yesterday bcz my employer made a double submission(with employer's another company) with the same client. Can someone please walk me through my options.

 

I still have a valid f1 visa valid thorugh this December, 2015. And my attorney is going to file a motion againt my revoked h1.

 

1. As my h1b got revoked and my attorney is going to file the motion can i still apply for a new H1b this coming April,2015. And if yes, am i eligable for masters quota or should i apply in general quota.

 

2. As my attorney is going to file a MTR am i legal to stay in US? If yes, how long can i stay.

 

3. As i have a valid f1 visa i am planning to get a i-20 from a reputed universtiy and go back to india. So, my question is do i need to attend the f1 visa interview again or i can still come with the visa which is valid thorugh Dec. 2015.

1. Yes.

2. No, you cannot.

3. You cannot get I20 within couple of days from ANY reputed university in US.

 

In other words, your employer tried to cheat USCIS by filing two H1's. Its better for you to find another employer not a shady one.

[satya2k1]

1. As my h1b got revoked and my attorney is going to file the motion can i still apply for a new H1b this coming April,2015. And if yes, am i eligable for masters quota or should i apply in general quota. yes, you can apply under master's quota.

 

2. As my attorney is going to file a MTR am i legal to stay in US? If yes, how long can i stay.  MTR does not provide immigration rights.

 

3. As i have a valid f1 visa i am planning to get a i-20 from a reputed universtiy and go back to india. So, my question is do i need to attend the f1 visa interview again or i can still come with the visa which is valid thorugh Dec. 2015.  Get new I-20 and pay SEVIS fee, activate SEVIS, and you can enter USA with valid I-20 and valid F1 visa.  You need F1 visa only if previous F1 is expired, that's my opinion.