Legal Question in Immigration Law in North Carolina

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.

Asked on 5/12/13, 8:00 pm

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

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.

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Answered on 5/13/13, 6:59 am

Marlene Hemmings Marlene Hemmings, Attorney at Law

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.

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Answered on 5/13/13, 10:29 am

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