H1 B revoke by U.S embassy

[Alam82]

I was on the second term of H1b visa with the same employer. I visited Montreal- Canada for visa stamping. Visa Officer thought my employer is not maintaing DOL regulations (doing bench time with no pay, lack of employer-employee relation). H1b petition was revoked. She retained both I-797. This incident occured 1 month before the Jan 21st memo was released. I was fortunately and luckily able to come back to the U.S on F-2 dependent visa, as my husband is a student.

Question:
1) What are the steps required to convert from F2- H1b again? What should I be informing the prospective employer about for the conversion?
2) Do I get back the 3 years that I didnot use?
3) Am I exempt from the 65000 quota cap? Would employer need to re-apply for a quota?

Thank you for your help.

[austingc]

you are exempted from the quota and you can file another H1B visa and do not go to stamping in canada again.

[Alam82]

Thanks for the quick response
After the brutal and humiliating interview by the visa officer, I was a bit skeptical about being able to EVER work in the US again.

For others who happen to come across this post, please avoid Montreal for visa purposes, no matter how legitimate you or your employer is. Even if you are able to prove employer-employee relationship and what not- the VO just doesnt care.

[shreekhand]

Why did the VO not issue your visa ? Seems like your docs and/or your responses were evidently not satisfying.

Were you on bench with no-pay at any time - currently or in the past?

If yes... then I admire the VO for doing the job right. If not, go ahead and look for another sponsorer (as you will not be able to work for the old one because of this incidence)

[Alam82]

All of my paper work was right- no broken pay checks. U.S bachelors degree in appropriate and relevant field- proper OPT- proper work history. But for some reason, even before the interview, VO had made up her mind about my employer. Apparently, I am the only person working wit this employer who has faced this situation.
Yes, working with the same company is a big NO. :-/

[gc??]

Originally Posted by Alam82

I was on the second term of H1b visa with the same employer. I visited Montreal- Canada for visa stamping. Visa Officer thought my employer is not maintaing DOL regulations (doing bench time with no pay, lack of employer-employee relation). H1b petition was revoked. She retained both I-797. This incident occured 1 month before the Jan 21st memo was released. I was fortunately and luckily able to come back to the U.S on F-2 dependent visa, as my husband is a student.

Question:
1) What are the steps required to convert from F2- H1b again? What should I be informing the prospective employer about for the conversion?
2) Do I get back the 3 years that I didnot use?
3) Am I exempt from the 65000 quota cap? Would employer need to re-apply for a quota?

Thank you for your help.

You will be exempt from the quota and you should not have any conversion issues. Not sure about the 3 years left. Be honest with your new employer.

Disclaimer: I am not a lawyer