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H1b

Discussion in 'Nonimmigrant Visa Validity' started by kkr, Jul 28, 2015.

  1. kkr

    kkr Junior Member

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    Hi Ron,

    My wife's employer told that her H1B has been revoked in month of May 2015,she resigned in April 2015.The H1b case status doesnot show revoked yet.

    My wife was worked at the H1b location on H1b from october 2014 until january 28th ,2015.She moved to new project on Janaury 29th,2015 (about 15 miles from the h1b location).

    I dont know when the new LCA was filed , but it was effective from Feb 5th , 2015.(about 6-7 days after project start), no H1B amendment was filed.

    somewhere around that time frame , there was a labor audit or site visit(not sure) according to the employer.

    My wife travelled and came back on H4 visa in july 2015.

    Would this cause any issues for any future visa stamping or H1B's because of this(site visit/Labor audit).

    Would my wife need an employment letter for GC purposes, since the employer might not coperate now.

    thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No and no. This won't be a problem and she doesn't need an experience letter.
     
  3. kkr

    kkr Junior Member

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    Thanks Ron.
    How long does it take usually to show the H1b Revoke status online , im worried that it has been more than 2 and half months and the status still shows approved.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Often, it never shows up. They don't always update the database used by the public (which is different from the one they use internally).
     
  5. kkr

    kkr Junior Member

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    Hi Ron,
    Even if a NOIR was issued on old h1B due to site visit (only LCA, no H1B amendment) or any other employer issue, this should not effect the current H4 status ,future travel and visa applications. correct? thanks!
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not as long as the principal H1B remains in lawful status.
     
  7. kkr

    kkr Junior Member

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    Thanks Ron.
    We applied for H4 EAD and waiting for it.
    Later on after she starts working and gets a full time offer , can she convert to H1 with no issues?
    she converted from F1 to H1 in october 2014 , then to H4 in April.Two companies applied for H1B and both got approved, she took offer with Company A , Company B revoked her H1B since she did not join them , even if company A H1B gets a NOIR due to site visit , will she still be able to convert to H1 at a later time if there is a full time offer(cap exempt) and there will be any issues at consulate about the old H1 NOIR/revocation and also at GC stage?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since she has held H1 status within the last six years, she will be eligible to switch to H1 as a cap-exempt beneficiary.
     
  9. kkr

    kkr Junior Member

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    Even if the old H1B gets revoked due to site visit ? thanks!
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It's hard to say, but since she was counted in the lottery, the likely answer is that she is cap exempt.
     

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