got intent to revoke status to old petition which was expired

#1
Hi Rajiv sir,
am on H1B visa currenlty.
My H1B visa [EAC 23****] expired on Oct 8th,2018 and filed extension [same employer - LIN4****1] its got approved for 3 years(till 2021).
last month(Jan 2019) i got "intent to revoke" to my old petition which was expired on Oct 2018.
questions:
if USCIS sent the revocation notice to my old petition , will there be any issues to my new petition which is valid for 3 years?
 
#2
Hi, am on H1B visa currenlty.
My H1B visa [EAC 23****] expired on Oct 8th,2018 and filed extension [same employer - LIN4****1] its got approved for 3 years(till 2021).
last month(Jan 2019) i got "intent to revoke" to my old petition which was expired on Oct 2018.
questions:
if USCIS sent the revocation notice to my old petition , will there be any issues to my new petition which is valid for 3 years?
 

whitemimauz3

Registered Users (C)
#3
Looks like some derogatory information has come to USCIS notice now, due to which they intend to revoke previously approved H-1B. Your employer needs to submit rebuttal against this NOIR, if able to overcome you are good otherwise this might have negative consequences on all subsequent petitions including your extension approval.
 

ananga73

Registered Users (C)
#4
Hi, am on H1B visa currenlty.
My H1B visa [EAC 23****] expired on Oct 8th,2018 and filed extension [same employer - LIN4****1] its got approved for 3 years(till 2021).
last month(Jan 2019) i got "intent to revoke" to my old petition which was expired on Oct 2018.
questions:
if USCIS sent the revocation notice to my old petition , will there be any issues to my new petition which is valid for 3 years?
Get it addressed. Some of this kind of nonsense can come back to bite you even years away during naturalization.
 
#5
Looks like some derogatory information has come to USCIS notice now, due to which they intend to revoke previously approved H-1B. Your employer needs to submit rebuttal against this NOIR, if able to overcome you are good otherwise this might have negative consequences on all subsequent petitions including your extension approval.
Thanks for your reply Whitemimauz3. what are the options available for me if result is negative?
can i wait for transfer to other employer until decision has come("revocation notice was sent") or do i need to transfer right away?
 

1AurCitizen

Registered Users (C)
#6
Get it addressed. Some of this kind of nonsense can come back to bite you even years away during naturalization.
I wouldn't term something like this as nonsense. NOIR doesnt land out of the blue; some sort of derogatory information led to the NOIR being issued, perhaps a combination of shady or fraudulent practices by the employer and/or the employee.
 

whitemimauz3

Registered Users (C)
#7
You need to wait & see how your previous employer responds to reasons USCIS cited in its intent to revoke. Transferring is not an answer for you. If there was something wrong in previous petition it is definitely going to come and hit you. If USCIS stands with their ground and in fact petition is revoked, it will retroactively affect your status.
 
#8
You need to wait & see how your previous employer responds to reasons USCIS cited in its intent to revoke. Transferring is not an answer for you. If there was something wrong in previous petition it is definitely going to come and hit you. If USCIS stands with their ground and in fact petition is revoked, it will retroactively affect your status.
Thanks Whitemimauz3. I will wait for USCIS decision. curious to ask , when can i expect decision from USCIS after responding to their query? is there any time limit ...
 
#13
Hi Whitemimauz3 ,
i got below information saying that expired petitions can not be revoked. is that true?

the last paragraph of the below link referring the same. am not sure ,whether its applicable to my case or not?
can you check this once please.

In the last paragraph:

" Do not institute revocation proceedings if the beneficiary has already been adjusted or has been admitted to the United States with an immigrant visa. When the petition has been used, in effect, it no longer exists and the approval cannot be revoked. The appropriate course of action in that case is to institute deportation or rescission proceedings. "

am not able to paste the USCIS link here. please share your email Id, so that i can send the link.
 
#14
Hi Gopi, I am in the same boat. Waiting for the notice still. Pls let me know if you came to know what was asked by USCIS to reply. Thanks
Got Notice to my employer, saying Site Visit Happened for my initial Internal Project while the time of applying my fresh H1 Petition, and failed to prove the existence on the address provided. My employer trying to respond for NOIR now. Chances are 50/50. Im running out of options now.
 
#15
Got Notice to my employer, saying Site Visit Happened for my initial Internal Project while the time of applying my fresh H1 Petition, and failed to prove the existence on the address provided. My employer trying to respond for NOIR now. Chances are 50/50. Im running out of options now.
Hi Mohan, so your current petition got intent to revoke? If yes,in this case chances are 50/50 correct.
My case is different- I have approved petition but got intent to revoke on my expired petition. I read in USCIS website expired petition can not be revoked . Not sure...how can I relate to my case. Lets see am waiting for decision
 
#16
Hi Mohan, so your current petition got intent to revoke? If yes,in this case chances are 50/50 correct.
My case is different- I have approved petition but got intent to revoke on my expired petition. I read in USCIS website expired petition can not be revoked . Not sure...how can I relate to my case. Lets see am waiting for decision
No Gopi, my current extended Petition is still Valid till Sep 19, and no status change on that. NOIR for my previous petition which is expired sep 2018.
 

whitemimauz3

Registered Users (C)
#17
@Gopi R
Terminology are from standard USCIS templates and this is not at all your situation. The one you quoted here is is applicable for someone who has already adjusted status to permanent residence. You need to get hold off actual NOIR notice to find out its contents.
 

1AurCitizen

Registered Users (C)
#18
@Gopi R
Terminology are from standard USCIS templates and this is not at all your situation. The one you quoted here is is applicable for someone who has already adjusted status to permanent residence. You need to get hold off actual NOIR notice to find out its contents.
The actual NOIR should have gone to the attorney of record. They communicate with the employer on the next set of steps. Whether or not they share the specific contents with an employee is another question. Usually an NOIR following a Site visit is an indication of something fishy or shady going on, happens occasionally with ethically challenged desi consultancies in the US.
 
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