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View Full Version : H1B Visa Revoked by USICS...Please let me know what i need to next


neel009
06-07-2012, 12:46 PM
My H1B was revoked by USCIS and now i got new client and they are filling my H1B.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
06-07-2012, 01:16 PM
May I know why was it revoked?

neel009
06-07-2012, 11:00 PM
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
06-08-2012, 09:52 AM
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
06-08-2012, 10:01 AM
Are you out of status due to revoking of application? Seek legal advice asap.

sunshine007
06-08-2012, 10:35 AM
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 Mine was revoked on April 25, But from H1B approval date(11months back).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
06-08-2012, 10:53 AM
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 Mine was revoked on April 25, But from H1B approval date(11months back).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
06-08-2012, 11:00 AM
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
06-08-2012, 11:00 AM
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
06-08-2012, 12:11 PM
Go for stamping with approved H1B amendment petition.

Apply H1B with NPT concept.

Apply MTR.

naidu
06-08-2012, 12:36 PM
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
06-08-2012, 12:36 PM
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
06-08-2012, 12:38 PM
What about using EAD? Have u discussed on this option?

Started using using EAD immediately.

njverifier
06-08-2012, 12:51 PM
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
06-08-2012, 03:55 PM
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?

desi3933
06-10-2012, 05:26 PM
Will going out of the country and entering back with AP solve the issue? Just a wild thought?

No. Entering in the USA on AP does NOT reset out of entry.

At the time of filing I-485, applicant MUST have out of status < 180 calendar days SINCE the last lawful entry in the USA BEFORE I-485 was filed.


___________________
Not a legal advice.

rayoflight
06-11-2012, 09:18 AM
I think this confusion was due to your switching to multiple employers. Please check if you were always in status i.e on H1B esp between Apr 6, 2011 and Mar 6,2012. Inbox me so I can suggest a very good attorney.

"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"

permfiling
06-11-2012, 11:47 AM
Try to get a new H1 with the new client at the new worksite. Your new H1 will/might not have I-94 so you have to go outside the country for visa stamp or cna come back on new I-94 if you have a valid visa on the passport...check with ur attorney.

Cottanman
06-11-2012, 10:55 PM
I am also in a similar situation of yours,

Last week USCIS visited my previous client location and they didn't find me in the location because my project finished in Dec 2011. When I was with the Client, they gave me a client letter for my H1B renewal and I got my H1B renewed till 2014. The USCIS IO had called my employer over the phone and asked him about my where about. My employer send him all the details by email and the Inception Officer called me over my office phone and asked me the many question (H1B employer verification has been picked for a random verification. He asked me, who I work for, what is my salary how often I get paid any additional perks or bonuses. which medical administrator is the employer is given etc )

He also asked me how I got this job and did I have paid any fees for H1B fees? he also asked me my current address which he already know and my previous address and also where my family is staying in a different state

My employer and my location are the same place and the LCA is the same location. He also asked me to send him DL, W2, Two recent pay stubs, work appraisals, highest graduate diplomas, work id etc.

I am sure my employer didn't amended my H1B when I finished and moved to the current location which is my employer itself because he send the new LCA when the USCIS officer have called him. When I asked my employer about the amentment, he said to wait to get a new project to amended the h1B with new LCA?

I am worried and I needs advice and if I can do something to avoid getting notices of intent to revoke H1B (NOIR) shall I tell my employer to amended the H1B? or should I wait.

I am going to process my PERM does this impact my EAD/AP/GC ?

Appreciate your advice.

raj802
09-20-2012, 09:20 AM
I have a similar situation. My H1B was filed in 2011 in E-V-C model for a location X and was approved in April 2012. After my approval I changed the location to location Y with LCA for new location. The vendor and client remained same but the location changed. The scenario will be like my employer-Vendor-Client-End Client . I am always performing duties for the Client but at an end client location ( I am always considered employed for client, no relation with end client)

Now I am looking to transfer to a new employer who is offering full time position. Do you think there will be issues since my pay stubs will be from different location than the location on the initial h1b petition and h1b ammendment ?

Any help will be appreciated.

rppgen
04-26-2013, 04:27 PM
Can someone please update this tracker with the latest on this.

I am in same situation (h1b revoked / AOS).
It is not clear is my 485 filing is valid. I have consulted 2 different lawyers and they gave me different opinions.

I want to know what was the h1b revocation EFFECTIVE date (above posts are not clear to me).
Did this revocation have any effect on your 485 application?

showstopper
04-27-2013, 05:28 PM
At the time of filing I-485, applicant MUST have out of status < 180 calendar days SINCE the last lawful entry in the USA BEFORE I-485 was filed.

___________________
Not a legal advice.

Hello,

I am a relatively new member and a first time poster. Your statement appears to be a reinterpretation of the 180 day rule that I recall reading previously on this forum, unless I am misreading what you have written. My apologies in case I am.

My understanding was that, for the purpose of evaluating an applicant's eligibility for adjustment of status under Section 245 (K), the 180 day clock should start from the day of the last lawful admission to the US (disregarding entry on AP), regardless of whether that admission occurs before or after filing the I-485 application. I understand this may be a generous interpretation of the law that would favor the applicant.

Although USCIS' July 2008 memorandum on this topic does not state the above as explicitly as I have, I have gleaned from multiple sources (including Ron Gotcher's forum) that an adjudicating officer should count calender days of either status violation or unauthorized employment only since the last lawful admission. USCIS' memo does not mention the timing of the last admission in reference to filing of form I-485 and the legislative language around it is a bit hazy, at least to me.

I am wondering if someone can shed more light on this topic based on USCIS precedence, assuming it was applied consistently.

Thanks!

desi3933
04-27-2013, 06:11 PM
Well, you need to read it AGAIN.

Link: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/245(k)_14jul08.pdf

Page 2 from above link:
(1) General Provisions. Section 245(k) can render the normal bars to adjustment of
status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days:
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of his or her admission.
Read it again.
----------------------------------------------------------

Summary:
At the time of filing I-485, applicant MUST have out of status < 180 calendar days SINCE the last lawful entry in the USA BEFORE I-485 was filed.


___________________
Not a legal advice.


Hello,
......

My understanding was that, for the purpose of evaluating an applicant's eligibility for adjustment of status under Section 245 (K), the 180 day clock should start from the day of the last lawful admission to the US (disregarding entry on AP), regardless of whether that admission occurs before or after filing the I-485 application. I understand this may be a generous interpretation of the law that would favor the applicant.

.....
....

showstopper
04-27-2013, 07:45 PM
Well, you need to read it AGAIN.

Link: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/245(k)_14jul08.pdf

Page 2 from above link:
(1) General Provisions. Section 245(k) can render the normal bars to adjustment of
status found in section 245(c)(2), (c)(7), and (c)(8) inapplicable to certain employment based adjustment of status applicants who, since their last lawful admission to the United States have not, for an aggregate period of more than 180 days:
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of his or her admission.
Read it again.
----------------------------------------------------------

Summary:
At the time of filing I-485, applicant MUST have out of status < 180 calendar days SINCE the last lawful entry in the USA BEFORE I-485 was filed.


___________________
Not a legal advice.

Desi3933,

I have re-read your previous post, as well as the USCIS memo. I do have to admit that some of the subtleties in the legislative language are lost on me.

But it does sound like you weren't saying anything in your original post that contradicts my understanding - which is to say the last lawful admission can occur (and reset the 180 day clock) anytime before the final adjudication of I-485, not the filing.

I have gone through a thread from 2008 where you pretty much provided the same clarification to another member. Below is the URL (your post is somewhere in the middle of the page):

http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications-2.html

Thank you for your response!