H1b revoked; I-140 approved

N

niwguru

Registered Users (C)
Hi,

My H1b has been revoked upon request by my university. It was valid till 11/2008. I left that job in sept 2008.

I have an approved I-140 through EB2-NIW (filed independently without university supporting my petition). It was approved in sept 2008. I am currently out of job and on AOS.

My questions are:

1) From what date will the H1b revoked. I am curious to know if it is from the day I left the university or from the day my H1b application was received by USCIS which was in Nov 2005. If it from 2005, then all my GC process will be wasted I think.

2) Am I out of status?

3) Will this be an issue during I-485 decision?

Thank you
 
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1) It will be revoked as of when USCIS received the revocation request. The employer cannot get it retroactively revoked.

2 and 3) You are not out of status, as you have filed for AOS*. Not having a job at this time is not an issue. But I think you will have to get a job in your intended field of work after obtaining the green card.


*but if you filed for AOS more than 180 days after your last day in H1B status, your I-485 may be denied.
 
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In addition to what Jack metnioned above,

In case you are called for an Interview or if USCIS sends an RFE for Employment verification you will need to provide a Employment verification letter for intended employment after GC. This job offer should be same or similar to what was mentioned in your perm application.

Until this happens you have the time to find a new job. all the best !
 
Thank you Jackolantern and VJ!

I had filed my I-485 concurrently along with I-140 during the July 2007 fiasco when PD was current for all countries.

Following up on my case above: I have my 2nd EAD valid till aug 2009. Now that I am out of job, will it be a problem if I apply for EAD renewal? I am reading on forums that CIS is issueing RFE's thick and fast for all kinds of applications. I know I have no other option, but just had a concern if being on job is a pre-requisite for EAD renewal.
 
niwguru said:
Now that I am out of job, will it be a problem if I apply for EAD renewal? I am reading on forums that CIS is issueing RFE's thick and fast for all kinds of applications. I know I have no other option, but just had a concern if being on job is a pre-requisite for EAD renewal.
Click to expand...

Employment is not required for an EAD application, only a pending I-485.
 
vj66321 said:
In case you are called for an Interview or if USCIS sends an RFE for Employment verification you will need to provide a Employment verification letter for intended employment after GC. This job offer should be same or similar to what was mentioned in your perm application.
Click to expand...
For NIW a job offer is not required.
 
Jackolantern said:
For NIW a job offer is not required.
Click to expand...

Thank you RealCanadian and Jackolantern!

Well, by saying job offer is not required for NIW, do you mean before I-485 decision or after. Isn’t EVL a potential RFE for NIW? I think it is.

Still difficult to understand the concept "GC is for future employment", when we do so much upfront.
 
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