Jump to content

22 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites
Posted (edited)

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 by SusieQQQ

Share this post


Link to post
Share on other sites

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. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
Posted (edited)

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

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites

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. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites
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?  

Share this post


Link to post
Share on other sites
Posted (edited)

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 by label1234

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites
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. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites

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.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
Posted (edited)
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 by SusieQQQ

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×