Immigration Issues/H1B Intent to Revoke
During my H1B Visa stamping, the Consulate Officer issued me a 221g and was going to send my documents to USCIS for issuing an intent to revoke my visa. Currently, my petitioner is waiting hear from USCIS to be able to contest it.
The project I was working on is close to completion and my petitioner hasn't heard from USCIS yet (after 3 months of waiting).
1) Will my project completion affect the current processing or my petitioner's efforts when they hear from USCIS?
2) Can I go through the process of finding a new petitioner to sponsor me a new H1B while my previous 221g is pending or would I need to cancel that petition before filing a fresh new H1B?
Thanks in advance.
1. Your project completion may affect the current processing because if there are not more projects to follow, it seems that you are either going to be benched or lose your job. Either way the H1b will not be approvable anymore because the employment has been changed. However, if the employer has more projects and continue to employ you, then the H1b is still approvable.
2. There is nothing to stop you from looking for another employer to file another H1b for you. You can have 2 H1b visa applications pending. However, only 1 will be approved and affixed on your passport, so you will have to choose between the two if both are approvable.
Jack C Sung
attorney at law