H1B REVOKED

krajgowind

New Member
H1B REVOKED

April 2018 – Lottery picked
November 2018 – USCIS Site visit
December 2018 – Went to India, got H1B Stamped, came back
Feb 2019 – Intent to Revoke Notice was issued. According to them, the job description we submitted doesn’t match with the job description of approved LCA. LCA was approved for Cost-Estimator but USCIS claims the filed job description aligns more with Construction Manager than with Cost Estimator. Were asked to file a response with sample of work.
March 2019 – Attorney filed a response with required documentation.
June 2019 – H1B Revoked, so I am out of status – they found proofs unsatisfactory. Asked to file an appeal within 33 days.

My questions:
Can my company refile H1B instead of appealing it?
I have an approved visa stamp, how long can I stay in US?
Can I apply for jobs, go for interviews and if I get hired can I get the new company to file a new H1 petition?
If we end up appealing it, what all should we include?
What must one do in this situation?
 
USCIS found enough shady things to revoke your H1b status. Is your company a desi consultancy? Expect any new petitions to be scrutinized since you're already on USCIS' radar.

Find a better employer if qualified and eligible for an H1, or you have to leave the US and find work in India.
 
Revocation will have serious consequences. If H-1B is revoked means you no more have H-1B or H-1B shouldn't have been approved to start with. Going forward if you want to be employed on H-1B you have to file CAP SUBJECT H-1B, pulling number from lottery. You are no more CAP EXEMPT. Keep in mind this is revocation not denial.
 
The company I worked for is a reputed Construction firm working mostly on federal projects. I got a job here through direct application right after college. "Shady things" should have been mentioned if they found any.

If I get to know that in whatever 24 days that are left to appeal, if I can stay apply for new jobs, get it and start a new application - can I do this or leave country immediately?
 
@whitemimauz3 - so are you saying that I can stay in the US apply for jobs till we file an appeal or refile a new application with my current or a new company in the 24 days that are left for the appeal?
 
Your employer/attorney needs to file I-290B motion to reopen/reconsideration & rebut with explanation why job duties are consistent with cost estimator not construction manager. Keep in mind if I-290B is denied then you are out of luck. I am assuming your are coming from F1 OPT is your EAD valid currently ? If yes you can continue working if it is expired. I don't think you should be working presently.
 
Your employer/attorney needs to file I-290B motion to reopen/reconsideration & rebut with explanation why job duties are consistent with cost estimator not construction manager. Keep in mind if I-290B is denied then you are out of luck. I am assuming your are coming from F1 OPT is your EAD valid currently ? If yes you can continue working if it is expired. I don't think you should be working presently.


Yes, I was on F1 OPT then to H1B.
My EAD is still card expires in April 2020 but isn't it that once you get into H1B, EAD isn't valid anymore?
And yes I am not working anymore, had to be terminated last week.
 
If your EAD is good until Apr 2020 then you can continue working no need to stop work AND in case H-1B is revoked you are good until next Apr when your employer can petition again & avail bridge gap provisions. Your H-1b petition should be mailed to USCIS before current EAD expires you can utilize bridge cap provisions.
 
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