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immignant
10-26-2010, 12:02 PM
Hi Gurus,

We need your Advice.

My wife is on H1-B and her employer just received an Intent to Revoke her H1-B visa.

She was on a break for the last four months due to personal reasons and her employer probably will not want appeal the Intent to Revoke H1-B notice.

She already has a I-485 pending and a valid EAD from my side of GC Processing.

Here are the questions we have.


If her H1-B is revoked, would she be out of status at any point of time?


How does the intent to revoke usually work? Does the USCIS revoke the H1-B from the current date or from the date of the enquirey (ex: four months ago)?


Would the revocation of her H1-B, affect our GC process in any way?


I have an appointment with our lawyer in a couple of days and would like to know what other questions/issues I would need to discuss with the lawyer.

Appreciate your help.

Regards.

immignant
10-26-2010, 12:06 PM
Hi Moderator,

I just realized, I posted in the wrong forum.

Can the moderator, please move this thread to an appropriate forum.

Please bear with me, I apologize for the mistake.

Regards,

thomachan72
10-26-2010, 12:12 PM
Hi Moderator,

I just realized, I posted in the wrong forum.

Can the moderator, please move this thread to an appropriate forum.

Please bear with me, I apologize for the mistake.

Regards,

Doesn't matter. It is a relevant question and hopefully somebody will provide some suggestions. You wife should be safe since she has the EAD also.

Caliber
10-26-2010, 12:22 PM
She is completely safe.

Hi Gurus,

We need your Advice.

Here are the questions we have.


If her H1-B is revoked, would she be out of status at any point of time? -- No. She is on Adjustment Status



How does the intent to revoke usually work? Does the USCIS revoke the H1-B from the current date or from the date of the enquirey (ex: four months ago)? -- her employer must have initiated this



Would the revocation of her H1-B, affect our GC process in any way? - Absolutely not as you are the primary on GC process


I have an appointment with our lawyer in a couple of days and would like to know what other questions/issues I would need to discuss with the lawyer.

Appreciate your help.

Regards.

immignant
10-26-2010, 12:28 PM
Hi Caliber,

Thanks for the reply.

We know for sure that her company did not initiate the Revocation of H1-B. She is still with the same employer. There was an Audit at her previous workplace after she took the break and it resulted in the Intent to Revoke the H1-B.

One other question that I did not post earlier is

She also has a GC process going on with her employer (They just sent out the I-140 filing last week for her.) independent of my GC. Would there be an effect on her GC Application?

Regards,

Caliber
10-26-2010, 01:01 PM
She also has a GC process going on with her employer (They just sent out the I-140 filing last week for her.) independent of my GC. Would there be an effect on her GC Application?

Regards,

Legally no as GC is for Future employment. But her employer may find it difficult to answer if there is a query from CIS as they already wanted to revoke her H1.