H1B revoked

[label1234 0]

Hi all,

 

There is a tricky situation where I need some advice/suggestion. My employer helped me apply for an H1B visa in 2017. Luckily I got the lottery picked. The USCIS asked for evidence once (RFE) in 2017 and the H1B gets officially approved in Jan 2018. I was working for the company with my OPT. It is a great work experience with my company. However, very soon after the H1B approval in April 2018, my company and I received a notice of intention to revoke from the USCIS. 

My company is in a good business, and they have never thought of firing me. Has anyone had similar situation of H-visa revocation? I've asked bunch of lawyers. None of them have heard of it.

Thanks.

[SusieQQQ 11,584]

The NOIR will explain the reasons and give you a chance to respond.

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13508.html

 

edit - just reading again - you got the NOIR nearly a year ago?? What have you /the company been doing about it since then? Did you appeal within 30 days?

Edited March 1, 2019 by SusieQQQ

[WeGuyGal 1,052]

Not uncommon for an H1b visa to be revoked. I've seen posts on various forums on it over the years. Yours is probably a H1b petition revocation and not a visa revocation if in the US. 

 

April 2018 was a god while ago. 

[label1234 0]

Hi @SusieQQQ and @WeGuyGal,

 

Thanks for your answers. Apologies.. let me finish the second half of the story..

I got the intention to revoke notice in April 2018 and my company's lawyer sent the response and additional materials back within 30 days. In late Jan 2019, I got the revoke feedback from the USCIS and the lawyer and my employer sent the appeal again.

My case is a VISA revocation since I got the official approval in Jan 2018, which makes it more unfortunate... I'm wondering if you have ever heard about a similar case and if there is any other action I can take now.

[arken 4,197]

... deleted my post as OP has already answered by the time it got posted.

Edited March 1, 2019 by arken

[WeGuyGal 1,052]

Did you exit the US and came back on an H1b? 

 

There's gotta be something that USCIS doesn't like about your petition or your background. If you have a company lawyer working on this, impossible for us to comment without knowing more than what's be posted here. These things are rare, but they do happen on occasion. 

[label1234 0]

Thanks all for your answer.

Yes, the USCIS does have some issues with my background. They say my education background is not a perfect match with my current job content.

Now I'm at the crossroads again. I wish to learn from the community of this platform what the action, maybe the last option, I can take rn after my company sending the appeal. If there are some peers sharing the similar situation, that would be good to discuss. 

[SusieQQQ 11,584]

11 minutes ago, WeGuyGal said:

Did you exit the US and came back on an H1b? 

 

There's gotta be something that USCIS doesn't like about your petition or your background. If you have a company lawyer working on this, impossible for us to comment without knowing more than what's be posted here. These things are rare, but they do happen on occasion. 

Agree, obviously you (OP) and your lawyers know the reasons cited and we don’t. The link I posted earlier listed all the possible reasons for revocation, they all revolve around either rule violation, error, or not meeting the requirements. Curious as to if your company sponsors many H1s, or not?  

[label1234 0]

Hi @SusieQQQ, no.. my company only sponsored me one H1. My case belongs to the category B of the list you provided.

And I'm the only one my company sponsored in 2017.

 

ps: I'm in US, but considering departure..

Edited March 1, 2019 by label1234

[SusieQQQ 11,584]

Just now, label1234 said:

Thanks all for your answer.

Yes, the USCIS does have some issues with my background. They say my education background is not a perfect match with my current job content.

Now I'm at the crossroads again. I wish to learn from the community of this platform what the action, maybe the last option, I can take rn after my company sending the appeal. If there are some peers sharing the similar situation, that would be good to discuss. 

Ah, ok.  Yes there is tighter scrutiny, surprised your attorneys dont seem to be aware as there has been a lot of press about this. Many fearmongering articles but also some objective ones 

https://www.wsj.com/articles/trump-administration-tightens-scrutiny-of-skilled-worker-visa-applicants-1511114338

if you’ve been OPT this is probably relevant to you: “H-1B applications for positions at the lowest pay level are getting particular scrutiny, with the government questioning whether the foreigner holds required specialized skills, according to several immigration attorneys.”.

 

What field are you in?

[WeGuyGal 1,052]

8 minutes ago, label1234 said:

Thanks all for your answer.

Yes, the USCIS does have some issues with my background. They say my education background is not a perfect match with my current job content.

Now I'm at the crossroads again. I wish to learn from the community of this platform what the action, maybe the last option, I can take rn after my company sending the appeal. If there are some peers sharing the similar situation, that would be good to discuss. 

You don't appear to be fully forthcoming on this thread. Are you overseas, and what country? 

 

I've seen numerous posts of RFEs and/or revocations about specialty occupation or H1b jobs not matching education. This is not something that's DIY, your company lawyers need to handle communications with USCIS. 

[arken 4,197]

So it’s the case of degree and job in two different fields. As you went thru F1 - opt - h1, it was crucial that you worked in the area of your study, a requirement of opt and h1b.

 

Is it completeley different?? H1b Lawyers generally are able to show some common points in the education and job scooes, but if it’s entirely different you can’t do anything.

[label1234 0]

32 minutes ago, SusieQQQ said:

Ah, ok.  Yes there is tighter scrutiny, surprised your attorneys dont seem to be aware as there has been a lot of press about this. Many fearmongering articles but also some objective ones 

https://www.wsj.com/articles/trump-administration-tightens-scrutiny-of-skilled-worker-visa-applicants-1511114338

if you’ve been OPT this is probably relevant to you: “H-1B applications for positions at the lowest pay level are getting particular scrutiny, with the government questioning whether the foreigner holds required specialized skills, according to several immigration attorneys.”.

 

What field are you in?

I studied engineering and have been doing computer related work for 3+ years. 

I bet my attorney has done a good job to communicate with the USCIS. More likely I'm here just to stay tuned with people sharing the same pain. 

[SusieQQQ 11,584]

46 minutes ago, label1234 said:

I studied engineering and have been doing computer related work for 3+ years. 

I bet my attorney has done a good job to communicate with the USCIS. More likely I'm here just to stay tuned with people sharing the same pain. 

I understand this (engineering degree but working in computers) is a common reason to reject TN visas, but I think they are more strict on the definitions there. However... if you google..it is definitely becoming more common for H denials too example http://forum.murthy.com/topic/113510-any-successful-h1-extension-with-electronics-or-mechanical-engineering-background/ (not sure I am allowed to post this link, mods sorry in advance if you need to delete) 

 

What is your current status btw? 

 

Also, I’m trying to reconcile your 3+ years of work with one year OPT and one year since initial H approval...? What did I miss?

Edited March 1, 2019 by SusieQQQ

[carmel34 3,531]

OP, if you are currently in the US with no legal status you need to leave the country ASAP or you risk future problems because of overstaying your visa.  What is your current status?  Expired H1B visa?  Don't wait around until deportation order has been issued, don't make things worse for yourself.