Legal Question in Immigration Law in Illinois

h1b revoked by DHS - homeland security

hi

my brother recently went for h1b stamping at canada, and was told that his h1b,that was approved in nov 2007,was revoked by homeland security..he is for sure that his employer hasnt revoked it and he is still with the same employer..he even called USCIS and they confirmed that it was not revoked..

how to proceed on this now?

any attorney that can help,who had similar experience..

but before that, what could be the reason that DHS has revoked this h1b petiiton...


Asked on 2/06/09, 11:49 am

2 Answers from Attorneys

David Nachman Nachman & Associates, P.C.

Re: h1b revoked by DHS - homeland security

It could be that the U.S. Department of State revoked it because they found some deficiency. It could be that it was revoked by the employer even though the employer says that they did not do it. It may also be a mistake that was inadvertently made by DHS or DOS . In order to resolve the issue you will need to make inquiries to DHS and, if appropriate and necessary, a lawsuit may have to be filed against DHS or DOS seeking resolution. Our office has certainly dealt with "revocation" issues with regard to the H-1B before the DHS and the DOS but not in situations where the individual and/or the employer did not know about the revocation.You can feel free to contact us at [email protected].

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Answered on 2/06/09, 12:14 pm
Rebecca White Law Office of Rebecca White

Re: h1b revoked by DHS - homeland security

Typically either the employer or the employee would be aware of the revocation. Is the employer wishing his continued employment, and willing to state clearly that they have not revoked the visa? And has he since returned in H-1b status without a new visa endorsement?

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Answered on 2/06/09, 12:52 pm


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