H1 Visa cancel/Revoke

S

Sindu

Registered Users (C)
Hi,

Sorry if I am asking previously answered question or I am posting this question in a wrong place.

I came to US on Nov 2007 on H4 Visa. I applied for H1 visa on April 2008 and got approval. Since i din't get the approval documents from the consultant till July, my husband's company filed for his H1 extension as it was going to expire on September 2008. So my H4 also got extended and we got the new I-94's. After Oct 1st 2008, i was under the impression that i was on H1 Visa and my consultant tried jobs for me. I dint get any job till Nov 2008. At that time i was suffering from a serious spinal problem and i decided to go to India for treatment. I asked my consultant , all my approval documents and they sent to me on Dec 2008. Since i was not placed at any clients, i was confused whether there will be any problems when i go for stamping in India to come back to US. So i consulted a Attorney here in US before leaving US.

What he told was, the I-94 with approved H1 is issued before the I-94 for H4 extension. So I am on H4 visa only ie i haven't used my H1 visa yet. He advised me that If i am going to India, i can come back in h1 visa after stamping or if I am not going to India, I can apply for change of status here itself.

By this time, my illness got worse and i had done my surgery here in US itself . Now I am on bed rest and i can probably start working by april 2009. My consultant now says he is going to cancel my H1 on April.

I have a couple of queries now,
1. I haven't been into H1 status yet, So can they cancel my approved petition ?

2. If they cancel, can i revoke my H1 through any other consultant ? (I heard we can revoke within 1 year of cancellation. I would like to know whether this information is correct)

Please clear my doubts. Also I am sorry about my long mail
Thanks in advance,

-Sindu
 
Sindu said:
Hi,

Sorry if I am asking previously answered question or I am posting this question in a wrong place.

I came to US on Nov 2007 on H4 Visa. I applied for H1 visa on April 2008 and got approval. Since i din't get the approval documents from the consultant till July, my husband's company filed for his H1 extension as it was going to expire on September 2008. So my H4 also got extended and we got the new I-94's. After Oct 1st 2008, i was under the impression that i was on H1 Visa and my consultant tried jobs for me. I dint get any job till Nov 2008. At that time i was suffering from a serious spinal problem and i decided to go to India for treatment. I asked my consultant , all my approval documents and they sent to me on Dec 2008. Since i was not placed at any clients, i was confused whether there will be any problems when i go for stamping in India to come back to US. So i consulted a Attorney here in US before leaving US.

What he told was, the I-94 with approved H1 is issued before the I-94 for H4 extension. So I am on H4 visa only ie i haven't used my H1 visa yet. He advised me that If i am going to India, i can come back in h1 visa after stamping or if I am not going to India, I can apply for change of status here itself.

By this time, my illness got worse and i had done my surgery here in US itself . Now I am on bed rest and i can probably start working by april 2009. My consultant now says he is going to cancel my H1 on April.

I have a couple of queries now,
1. I haven't been into H1 status yet, So can they cancel my approved petition ?
-------------------------- Yes,Employer can write to USCIS to cancel/Revoke H1 petition .
2. If they cancel, can i revoke my H1 through any other consultant ?

---------------what do you mean by"can i revoke my H1 through any other consultant"????? (I heard we can revoke within 1 year of cancellation. I would like to know whether this information is correct)

Please clear my doubts. Also I am sorry about my long mail
Thanks in advance,

-Sindu
Click to expand...
---------
 
Sorry,

what i meant is can i reactivate my canceled H1 ? My petition is approved till 2011.

-sindu
 
Thanks for the continuous response.

I read somewhere that we can reactivate the canceled H1 through another consultant. It will be like a new H1 which will not be against the cap of 65000. I would like to know whether this information is correct or not.

-Sindu
 
Sindu said:
Thanks for the continuous response.

I read somewhere that we can reactivate the canceled H1 through another consultant.
------------ dont write the word "reactivate". write in plain words what you want to do.
It will be like a new H1 which will not be against the cap of 65000. I would like to know whether this information is correct or not.
-----------------------New employer can file Fresh H1 for you and your H1 will be not subject to cap. one can only start work after H1 Petition is approved through other employer.
-Sindu
Click to expand...

I don’t expect this year companies or US employers will file H1 petitions like past years. Many H1 companies may not file or get H1 approved DOL and USCIS is investigating many H1B filing companies. H1 holders are also being laid off.
 
Thanks for the info. It would be great if you post any links on this Info.

So if I understood correctly, even though my consult cancel my approved H1 petition, I can apply for another H1 through another consultant which will not be subject to cap of 65000. I have some more doubts on this.

1) Do i need to provide any details about the canceled H1 petition so that my new H1 will be not subject to cap?

2) Is this is possible because my canceled H1's approval date is till 2011 ?

3) My friend's H1 is expired while she was in India. (3 yr Initial period) . Can she apply for new H1 ? Whether that new H1 petition is subject to cap or not?

Thanks,
Sindu
 
Sindu said:
Thanks for the info. It would be great if you post any links on this Info.

So if I understood correctly, even though my consult cancel my approved H1 petition, I can apply for another H1 through another consultant which will not be subject to cap of 65000. I have some more doubts on this.

1) Do i need to provide any details about the canceled H1 petition so that my new H1 will be not subject to cap?
-------------------provide the copy of H1 approval notice to the lawyer /employer who is going to file H1.

3) My friend's H1 is expired while she was in India. (3 yr Initial period) . Can she apply for new H1 ? Whether that new H1 petition is subject to cap or not?
--------------- if she got H1 in less then 6 years then new employer can file H1 and will not be subject to cap. ask the more info from employer or Lawyer.

Thanks,
Sindu
Click to expand...

Better stop posting questions in installments and you should ask what documents needed from you from your US employer or lawyer who is ready to file H1 for you or H1 for your friends .
 
You cannot cancel, revoke or do anything with H1 petition. It is employer's petition not yours. You can only have H1 status and H1 visa. All three are different things.
 
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