krajgowind
New Member
H1B REVOKED
April 2018 – Lottery picked
November 2018 – USCIS Site visit
December 2018 – Went to India, got H1B Stamped, came back
Feb 2019 – Intent to Revoke Notice was issued. According to them, the job description we submitted doesn’t match with the job description of approved LCA. LCA was approved for Cost-Estimator but USCIS claims the filed job description aligns more with Construction Manager than with Cost Estimator. Were asked to file a response with sample of work.
March 2019 – Attorney filed a response with required documentation.
June 2019 – H1B Revoked, so I am out of status – they found proofs unsatisfactory. Asked to file an appeal within 33 days.
My questions:
Can my company refile H1B instead of appealing it?
I have an approved visa stamp, how long can I stay in US?
Can I apply for jobs, go for interviews and if I get hired can I get the new company to file a new H1 petition?
If we end up appealing it, what all should we include?
What must one do in this situation?
April 2018 – Lottery picked
November 2018 – USCIS Site visit
December 2018 – Went to India, got H1B Stamped, came back
Feb 2019 – Intent to Revoke Notice was issued. According to them, the job description we submitted doesn’t match with the job description of approved LCA. LCA was approved for Cost-Estimator but USCIS claims the filed job description aligns more with Construction Manager than with Cost Estimator. Were asked to file a response with sample of work.
March 2019 – Attorney filed a response with required documentation.
June 2019 – H1B Revoked, so I am out of status – they found proofs unsatisfactory. Asked to file an appeal within 33 days.
My questions:
Can my company refile H1B instead of appealing it?
I have an approved visa stamp, how long can I stay in US?
Can I apply for jobs, go for interviews and if I get hired can I get the new company to file a new H1 petition?
If we end up appealing it, what all should we include?
What must one do in this situation?