1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

H1-b Petition Revocation Suggested

Discussion in 'Working Nonimmigrant Visas' started by immiquest2014, Jun 25, 2014.

  1. immiquest2014

    immiquest2014 Junior Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Employer A applied H1-B in 2013 and it got approved as Consular Processing. Went for H1-B Visa Stamping received a 221(g) with no documents requested.
    Waited for 3 months then came to US on H4 visa as my family was here. Employer A again applied for a cap exempt Change of Status from H4 to H1-b which was approved. End client is same for both petition.
    Now, I have received a letter Consulate that they have returned the petition to USCIS to be revoked.
    Questions:
    1. Are there better chances of re-affirmation if I continue with Employer A, as both the times filed for the same client and one petition was approved recently?
    2. It was suggested on some forums to change the employer before NOIR is issued or petition is revoked and request employer A to withdraw petition. Will it avoid any potential issues especially question 3.
    3. In refusal letter I see a sentence.
    "If USCIS revokes the petition, the beneficiary will become in-eligible for a visa under INA 212(a) (6)(c)(i)or other appropriate section) ".
    What does this mean for my future H1-B Extension and Visa interviews.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Without knowing the unique facts of the case, generally is it better to stay with the sponsoring employer. As for question 3, that is complete nonsense.
     
  3. immiquest2014

    immiquest2014 Junior Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Thank You Ron for your response, I will continue with same employer. Do you have any idea generally how much time does it take to receive NOIR once its sent back by consulate and will this revocation(in case it happen) have any impact on my current approved H1-B as it is with the same employer.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Before the USCIS can do anything, they must (a) notify the employer, and (b) disclose all derogatory materials contained in the file, including anything sent by the consulate. Assuming, worst case, that they do revoke the petition, it only applies to that single petition.
     
  5. immiquest2014

    immiquest2014 Junior Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Thank you Ron for your response. Does USCIS updates it's website when they issue NOIR or employer only receives a notice? Is there any way I can be notified when an NOIR is issued to take appropriate actions promptly instead of waiting on employer to inform me
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Generally, the first indication of this is when the employer receives a letter from the USCIS. They don't normally post this in their online case status.
     
  7. immiquest2014

    immiquest2014 Junior Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Thank You Ron. If you could provide valuable inputs on below queries as well
    1. Employer has not received any NOIR even though its been more than an year. Is there any action required at employer/beneficiary level or just need to wait.
    2. Does this currently open case can have an impact on future applications and visa processing? Visa stamping will be needed if travelling outside US.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Make a Congressional inquiry. This should have no effect on a future application with a different employer.
     
  9. Immiquest2016

    Immiquest2016 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    First of all many thanks for your inputs for my case (in top most post). My employer has still not received any NOIR for the petition and original petition is still in approved status (More than 3 years now). In the mean time my perm, I-140 and a 3 year extension based on approved -140 have successfully been processed. Needed your guidance on below points.

    1. I am planning to travel outside US and will have to go for H1-B stamping. In refusal letter from consulate a sentence. "If USCIS revokes the petition, the beneficiary will become in-eligible for a visa under INA 212(a) (6)(c)(i)or other appropriate section) " was mentioned. Even though no NOIR is issued or revoked petition, do I need to apply for advance waivers while in US in order to avoid being stuck or I should be fine (provided all documents are available).

    2. I have better employment opportunities and want pursue them but not sure as once I change job, the current employer may or may respond to NOIR whenever it is issued. Are there any other means available to me if I switch employer or sticking to the current employer is the only option until this get sorted out? Does the fact that my perm, I-140 and a 3 year extension suggest anything? Is there any thing I can do to get a resolution on this open case like FOIA?
     
  10. Immiquest2016

    Immiquest2016 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Ron, any guidance is truly appreciated.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    This is very complex and you need to retain counsel before you act.
     
  12. Immiquest2016

    Immiquest2016 New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Thank You Ron for all your help.
     

Share This Page