View Full Version : Notice of intent to revoke previous petition(expired I94) but H1 extn approved

09-23-2011, 07:56 PM
I have a serious problem due to my attorney's delay in responding to the 3904A Notice of intent to revoke that USCIS sent to my employer for not providing evidence of LCA during their site visit for H1b audit. I have a valid LCA for the project which was approved before I starting working in that location and also have client letter. However, within the 33 days timeframe, these documents were not responded back to USCIS - delay caused by attorney. I had my I94 expired along with this petition - which is being revoked. I had filed an extension of my H1b on the basis of this very petition and my extension is approved and I have a new I797 petition now. However, the intent to revoke my old petition has not been responded to, and I am worried if that would impact my currently active petition since the extension was based on my old petition, which is now revoked due to lack of response. Would I become out of status if the old petition is revoked now. What is the risk to my currently approved I797?

Also, If a late response is sent, will USCIS consider the same?

Please help me with your experience in this matter.