Miscellaneous

Can employer reinstate revoked H-1B?

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Can employer reinstate revoked H-1B?

In order for your H-1B status to be reinstated through that employer (if, for example, the revocation was a mistake or the business received funding and will not go out of business as previously thought), then the employer will have to refile for you, essentially starting from square one.

What happens after H-1B is revoked?

Once a termination of employment occurs, the H-1B worker is immediately out of status; there is NO grace period. Therefore, whenever possible, action should be taken to file an H-1B petition for change of employer (i.e. H-1B transfer) or to file a change of status to another visa type before the termination occurs.

Can we transfer revoked H-1B?

Yes employer can revoke the already approved H-1B petition with them but once you received the Receipt notice you can join the new company, Revoking of H-1B petition of previous employer will not impact the H-1B Transfer process.

Can you reactivate H-1B?

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After your course completion, in case you need to move back to H1B, you will need to apply for a change of status again from F1 to H1B, at this point in time, you will need an employer who can sponsor for your H1B. It may be the same employer with whom you are working for the last 1 year.

Can a revoked H1B be cap exempt?

If your H-1B was effect revoked by USCISI, then it should have never been issued in the first place. (at least according to USCIS). Consequently, you are now not Cap Exempt and must again be counted against the cap…

What happens if I 140 is revoked?

Even though the I-140 petition was revoked it remains valid for priority date retention and for portability to allow the terminated employee to secure a new job offer. The major requirement is that the new job must be “the same, or substantially similar” to the job described on the labor certification.

How long does it take to revoke H1B?

It may be several weeks before the petition withdrawal is filed, but your H1B status will definitely terminate with 60 days of the termination of the employee. To check the status of your H1B visa: Visit the USCIS Case Status page.

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What is a revocation notice from USCIS?

A Notice of Intent to Revoke (NOIR) is a communication sent by the United States Citizenship and Immigration Services (USCIS) to someone about a previously approved immigration petition, telling that USCIS intends to cancel the petition approval.

Can employer revoke EAD?

Employers can withdraw Form I-140 after it is approved, which will absolve them of any liability towards an individual. If Form I-140 is withdrawn by an employer in fewer than 180 days after the approval date, the individual cannot use this approval for any future H-1B extensions or H-4 EAD.

Can I-140 be reinstated?

There’s no way to “reinstate” an I-140. If your company revoked it or sent a letter to USCIS to revoke the I-140, the only way to “reinstate” it is to file the I-140 again based on the old PERM.

Can a revoked visa be reinstated?

A revoked visa is no longer valid for entry or reentry into the United States. A visa might also be reinstated after new information emerges or after an interview with a consular officer, or the officer might simply suggest applying for a new visa.

Can a H1B visa be revoked by an employer?

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When an employer says they will revoke a person’s H1B, all they can really do is request withdrawal of the petition. Once the immigration service ( USCIS) receives a written request to withdraw, it will lead to the automatic revocation of the petition.

What is a revoked H-1B?

A revoked H-1B is a revoked H-1B, regardless of whether or not it is subject to the cap. A cap-exempt employer can still go out of business or choose to terminate a contract with a beneficiary, which would result in the revocation of the visa.

Can I change my employer back to H-1B?

It is entirely possible to change back to H-1B. Fortunately, when your new employer files your petition, you will not be entered into the cap unless your previous employer was cap exempt and your new employer is cap-subject. If this is your intention, it’s recommended to meet with an immigration lawyer to devise the best strategy for applying.

How long can an H-1B worker stay in the US after revocation?

While there is no law which dictates the amount of time an H-1B worker can remain in the country after a revocation or a layoff it is necessary to seek alternate employment/change of visa status as soon as possible.