H1B Visa Revoked by USICS...Please let me know what i need to next

[neel009]

My H1B was revoked by USCIS and now i got new client and they are filling my H1B. Please some bdy help me about the New H1B Visa stamping informations

[naidu]

May I know why was it revoked?

[neel009]

USCIS revoked the aforementioned H1B petition. The basis for revocation was USCIS could not find the Beneficiary of the petition at the worksite listed in the initially filed petition. USCIS sent notice of intent to revoke on 1/27/2012, to which Petitioner replied to on 2/27/2012,enclosing an LCA for Beneficiary's new worksite listing validity starting from 11/14/2011, and various documentation supporting the worksite change, including agreements with end-client. USCIS still revoked the petition stating that the Petitioner must file an amended petition because the new worksite was not shown on the original petition. This conclusion is in clear contradiction to USCIS's stated policy in the October 23, 2003 Hernandez-Shot well Memo which states "an amended petition would NOT be required simply on the basis of a geographic move [emphasis added]." Appeals take over a year, and motion to reconsider is not permitted in revocations. The only recourse is urgent liaison assistance.

[naidu]

With what date was ur revocation will be in effect. I mean whether they have revoked since ur revoked H1B approved or did they revoke ur H1B from the date they sent this revoke notice. If they u already applied for transfer and got receipt notice before the date of revocation, I think you are fine.

[pappu]

Are you out of status due to revoking of application? Seek legal advice asap.

[sunshine007]

I am insimilar boat. Mine was revoked on April 25, But from H1B approval date(11months back). But they didn't send revocation notice until we asked for it. we recevied it on 06/06.
Same reason. No idea what to do. Consulted several attorneys, each giving different opinions. Is it worth spending time and money?

[naidu]

Originally Posted by sunshine007

I am insimilar boat. Mine was revoked on April 25, But from H1B approval date(11months back). But they didn't send revocation notice until we asked for it. we recevied it on 06/06.
Same reason. No idea what to do. Consulted several attorneys, each giving different opinions. Is it worth spending time and money?

Were you also not available when USCIS personnel visited client site. Have they at least contacted you or your employer on phone after such site visit or just sent an NOIR?

Can you what happened in detail, so that somebody can answer the solution.

[naidu]

Originally Posted by sunshine007

I am insimilar boat. Mine was revoked on April 25, But from H1B approval date(11months back). But they didn't send revocation notice until we asked for it. we recevied it on 06/06.
Same reason. No idea what to do. Consulted several attorneys, each giving different opinions. Is it worth spending time and money?

Looking at your profile, you might have received EAD. If so, I think you are safe. But only thing concerned is your date of revocation which u mentioned as date of ur H1B approval (that means u are out of status for about 11 months). If this is the case I dont know if EAD can cover or not as your EAD might have approved very recently.

Can you please share what options did attorneys mentioned to u?

[sunshine007]

I had an H1B till April,2011 with valid visa. I was working for a client A at that time.
Before expiration of above visa, applied for extension of H1B in Feb,2011 with LCA for Client A.
Received H1B extension till April,2014 in Feb,2011 . After getting extension I moved to Client B in April 2011. Even before starting at client B, my employer took New LCA for Client B.

I moved and started working for new client in new location. In May,2011 DHS did an site visitation looking for me in Client A place. Since, I moved to different client already, they called my employer about me. He replied to them about change of client and sent them New LCA as such.

After 11 months in Mar 2012 , USCIS sends an NIOR(Notice of Intent to revoke) for my H1B to my Employer.

During this 11 months period, i changed to another client C , took new LCA.

Once my Employer received this NOIR, He responded to that by sending all LCA's so far. Along with that he also applied for H1B Amendment with LCA for Client C. This happened in March 2012.

Same time my PD got current and applied I485 application.

I received RFE on H1B amendment asking employee-employer relation. My Lawyer answered the RFE.

While Watiing for the H1B amendment. I received EAD/AP in April 2012.

In May 2012, I noticed H1B case status online changed to approved. After two weeks of status change online, Yesterday , my Employer received I797 approved for period of My 2012 to May 2013. But, it says we approved this petition , But not approving the status.
There is no I94 attached to this I 797.

There is an Accompanying letter says following

"On April 25,2012 petition was revoked.Beneficiaries previously accorded status expired on April 6,2011.Instant H1B was submitted on Mar 6,2012 it was eleven months after beneficiaries valid nonimmigrant status has expired.As such, beneficiary is in violation of her h1b status at the time of filing this Petetion"

[sunshine007]

Go for stamping with approved H1B amendment petition.

Apply H1B with NPT concept.

Apply MTR.

[naidu]

Originally Posted by sunshine007

Go for stamping with approved H1B amendment petition.

Apply H1B with NPT concept.

Apply MTR.

What about using EAD? Have u discussed on this option?

[neel009]

Originally Posted by naidu

With what date was ur revocation will be in effect. I mean whether they have revoked since ur revoked H1B approved or did they revoke ur H1B from the date they sent this revoke notice. If they u already applied for transfer and got receipt notice before the date of revocation, I think you are fine.

What to share my revocation notice to you, could you please let me know your email id.

[sunshine007]

Originally Posted by naidu

What about using EAD? Have u discussed on this option?

Started using using EAD immediately.

[njverifier]

I would suggest to contact the best attorneys to have this fixed as this will have effect on your GC approval. When your 485 comes for adjudication there is a good chance that USCIS will say you were staying in US illegally due which they cannot approve your petition. Experts, please feel free to comment on my above suggestion. Good luck and my prayers for you.

[naidu]

Originally Posted by njverifier

I would suggest to contact the best attorneys to have this fixed as this will have effect on your GC approval. When your 485 comes for adjudication there is a good chance that USCIS will say you were staying in US illegally due which they cannot approve your petition. Experts, please feel free to comment on my above suggestion. Good luck and my prayers for you.

Will going out of the country and entering back with AP solve the issue? Just a wild thought?