Help! Notice from INS to revoke H1

K

kanway

New Member
Hello,

I had come into the US on F1 visa. During my OPT, I did not get a job. I did not want to go onto H4visa( I am married). So I asked Company "X" (consulting company) to do my H1. I got my I-129 for H1 was approved. I worked for 2 months (nov n dec). In dec I got my visa stamped in India and came back in Jan. Currently I am out of work and dint get paid since Jan.

Yesterday, INS sent a notice to revoke my approval based on the LAC that the company had used to file my H1. They are planning on sending the required papers to adjust it. My questions are:

1) what if INS revokes my H1 approval? what will be my status?
2) Can I do an H1 transfer to another company at this stage?
3)Will INS ask queries if I go to H4 then decide to come on H1?

Please advise what I should do.
 
You are out of status and cannot transfer but the larger problem is that your visa has been revoked so you no longer have an H1B approval. I suspect you need to get back to H4 while this is sorted out. Get an attorney to advise you.
 
Sorry about the confusion, My consultancy got an INTENT TO REVOKE so it is not totally revoked yet.
INS has asked to send a reason as to why they should keep the H1B.
 
With all the crackdowns on benching and phoney information on LCA forms, this type of stuff will probably happen more often now. In your case as much as I hate to say it, it may be prudent to at least ask an attorney for some advice but it may just be back to H-4 is the safest option.
 
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