H1B Cancelled in Mistake.

F

floridahunk1234

Registered Users (C)
Hello gurus,

My GC is in progress..Labor cleared and I-140 filed. Here is the mail I received from my company HR --


Due to a clerical error, a request to withdraw you visa petition was mailed to USCIS. It was actually meant for another employee who left the company. We immediately realized the mistake and sent a letter to USCIS asking to withdraw our request to withdraw. We recently received a letter from USCIS stating that your visa was canceled. We immediately contacted USCIS and were told to submit an amended visa petition and you will be reinstated without any effect on your status. We filed the amended application this week under Premium Processing and should receive the new amended approval notice within the next 2 weeks. There is absolutely no need to worry. This was an administrative error and we were assured it would be corrected. Sorry for any trouble or inconvenience.


Will this affect me in any way? Ain't I out of status? Please help!!!!

Thanks.
 
you need to get the copy of new receipt. most likely you are out of status between then(cancellation date) till the receipt date. I am not sure USCIS is going to correct something just because of the fault by your company staff.
 
Ans is no

You should not have any problem as long as your company properly represent your case , with current pay stuff. tell them to file under "nunc pro tunc" also they have to tell different person name.

you will be fine
 
Latest mail from lawyer

Here is the latest mail I received from the lawyer --

Hi, based on the Request for Evidence from USCIS on his amended petition, which was a minor one, his case should be approved once we provide USCIS with the documentation. I would estimate that once we respond, we should have the approval notice within 2 to 4 days. If USCIS had any reservations about reinstating his H-1B status, they would not have sent such a minor RFE—which indicates that they are ready to approve his case.


We have had similar cases approved. USCIS takes the position that H-1B status should not be revoked based on a clerical error. I would let MyName know that his situation is going to be rectified shortly, and that his H-1B status will not be affected.

Thanks to those who responded. I am keeping my fingers crossed .. will update this thread once I get any more info this.
 
You must log in or register to reply here.
Top