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H1B Revoked by USCIS after approval

asked May 25 by hisubbu (150 points)
Hello Team,

I was granted H1B in 2013. Since December 2013, I have been in US working on my H1.

I had my visa transferred to new employer in premium and had it approved.

Later a month, my attorney received a letter from USCIS for the intent to revoke the petition/approval questioning my eligibility due to educational evaluation and experience letters not being progressive.

My attorney and the company working closely to get the issue sorted out by filing a new petition, but I would like to know,

1. how long I can stay in US with out status

2. If I appeal or file the petition, will I be able to continue staying here ?

3. What is he possibility of getting through this case

4. What other alternatives that I should look for to stay in US until the case is adjudicated?

qualification: B.Sc Statistics

experience: 11.5 years

petition is with a full time US employer.

1 Answer

0 votes
answered May 27 by dan (24,544 points)

1. how long I can stay in US with out status 

You should depart the US immediately if the H1B is denied!

2. If I appeal or file the petition, will I be able to continue staying here?

Yes, but it is very risky. Let's say the appeal is denied after a year, you will be out-of-status for 1 year and you may be barred to enter the USA for up to 3 Years!

3. What is he possibility of getting through this case 

Please post a copy or text of the NOID, I will provide more information, I know you probably have 30 days to respond!

4. What other alternatives that I should look for to stay in the US until the case is adjudicated?  

The best solution is to immeditaely transfer the H1B to another Employer - You may send the resume at h1btransfer@hireitpeople.com (I can help, please use H1Bsupport as the subject line)

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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