h1 revoke, h4, DS-156 question

[ommoll]

I had approved h1 COS filed with company X in 2005. USCIS has now revoked h1 for 2005 based on incorrect LCA filing by the company.

Since USCIS is now retroactively revoking my h1, I understand I might be deemed out of status. I want to get h4 stamp from consular abroad.

I consulted attorney on how to answer the questions on DS 156.The questions are-"have you ever violated the terms of a US Visa or unlawfully present? and "has your visa ever been revoked?"
The attorney says the answer is 'no'. I may be in violation of status but am not in violation of visa. Similarly my status has been revoked and not the visa.

Is his explanation correct?

 

[ginnu]

I had approved h1 COS filed with company X in 2005. USCIS has now revoked h1 for 2005 based on incorrect LCA filing by the company.

Since USCIS is now retroactively revoking my h1, I understand I might be deemed out of status. I want to get h4 stamp from consular abroad.

I consulted attorney on how to answer the questions on DS 156.The questions are-"have you ever violated the terms of a US Visa or unlawfully present? and "has your visa ever been revoked?"
The attorney says the answer is 'no'. I may be in violation of status but am not in violation of visa. Similarly my status has been revoked and not the visa.

Is his explanation correct?

your Lawyer is correct. US Visa in under DOS(US embassy/Consulates that stamp Visa are under DOS) and not under USCIS.