Hi, I have received 'Notice of Intent to Revoke H1B Visa from USCIS. They did a site visit and they got to know that I have returned to India. Whereas they visited different office of same client. I was working at the place where my LCA belonged. Now my employer has responded them with all details and we are yet to hear back.
My questions around this are,
1. My case is pretty genuine, my client has offices in different states. I am not sure why did they visit wrong office.
Are there any chances that my visa gets revoked ?
2. How much time it might take for them to respond.
3. The important problem I have is, I was about to switch my job. My new employer is about to file transfer of my H1B.
What should I do ? should I go ahead and file for transfer or not ?
The H1B transfer filing will be done in premium process so indeed I will have new Visa. So since I will have new H1B even if my old Visa gets revoked, will it impact my new Visa ?
Please share your knowledge or experience so that I could take decision at the earliest.
2 Answers from Attorneys
The rights to H-1B visas are held by the employer. Therefore it is the employer's responsibility to respond to the Notice of Intent to Revoke. Whether or not you can transfer your H-1B is a determination your new employer must make. Both your employers should have competent immigration counsel working on your matter from the two different directions and therefore your questions should be directed to them.
I concur with Attorney Eichorn. These issues need to be addressed with the Attorney(s) who is(are) representing the Employer(s) with respect to your H-1B case(s).
Your situation is far too complex to just give you a quick answer. There are too many variables with regards to your case.
Related Questions & Answers
My ex husband received a green card and eventual citizenship when we were married.... Asked 4/26/13, 8:27 pm in United States North Carolina Immigration Law
I was wondering if the "unlawful presence" clause related to differed... Asked 4/22/13, 7:25 am in United States North Carolina Immigration Law
Wat is the price for immigrant who married a us citizen Asked 3/12/13, 11:44 pm in United States North Carolina Immigration Law
Can I get a h1b visa if my relative if they sponsor me for a job? Asked 2/06/13, 7:06 am in United States North Carolina Immigration Law
I had applied for a I-129f, Petition for Alien Fiance about a year and a half ago to... Asked 1/09/13, 12:25 pm in United States North Carolina Immigration Law