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Question
Hi, I have the same question as another person has about the date that H1B revocation take effect. You stated that "In any event, you would have maintained your H1B status prior to the revocation. " Could you please let us know where we can find any official proof about this statement from USCIS? Thank you very much!

Answer
Hi,

The USCIS does not have a regulation on every point in immigration law. However, I stand by my assertion that status is maintained until the point of revocation. For example: if the H1B employer revokes the H1B petition on the basis that employment was terminated on Nov. 30, 2011, but the beneficiary filed an application to change status to visitor status (B2) no later than Nov. 30, 2011, the application should be approved by the USCIS on the basis that the beneficiary was maintaining his H1B status as of the date of filing of the application to change status to visitor status (B2).

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Ajay K. Arora

Expertise

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.

Experience

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.

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