Question Hi, I have a question about H1B revocation. I have worked for company A for 8 months with an approved H1B and transfer to company B with a new H1B approved. After a couple of months of working for company B, company A withdraws the H1B petition I have used for that 8 months and USCIS sends back to company A a notice stating this petition was revoked. How do we interpret this revocation? Does this action revoke the whole H1B petition I have had with company A or it only takes effect on the rest of the H1B period (from the date I end employment with company A until the expiration date of the original H1B petition)? According to a recent NOID from USCIS, they started to interpret it with the former---once a petition is revoked according to the petitioner's request of withdrawal, it revokes the whole petition, no matter how long you have used that originally approved petion. Please correct me if this is wrongly interpreted. Where can I find the corresponding regulation? Many thanks.
Answer When Co. A sent the revocation, it would have requested revocation based on date of termination of employment. If the employment termination date is not noted on the revocation letter, then the date of the letter will determine when the revocation is effective. In any event, you would have maintained your H1B status prior to the revocation.
I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
Organizations American Immigration Lawyers Association (AILA) full member since 1995.
Education/Credentials Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.