H1B revoked while working

[janeo]

Hello,

I am facing an unexpected situation with my work visa. I just found out this past Friday that my H1B visa was cancelled/ revoked by my employer due to miscommunication around Mid-November. I have continued to work with the company and on their payroll. I was put on an administrative leave this past Friday (Jan 31st) as soon as we found out about this. My employer is supportive and ready to apply for new H1 under premium processing. Their immigration attorney is saying I would need to travel back to India and get a new H1 stamp then re-enter to cure the problem.



My husband is also on H-1B visa and we can also look to apply for an H4 visa if needed. But we are not sure what is the best way going forward.



The situation has made me very anxious. I would appreciate it if I can get your advice on what is the best way to resolve this.

My questions is:

(1) Is it at all possible to get Change of Status without having to leave the U.S.?

(2) How is this viewed by the visa officer at the consulate during interview? Should I request my employer to grant me a letter stating that this happened due to a clerical error?

(3) What are the chances they would refuse to grant a new H1B to me?



If anyone had a similar experience in the past, would appreciate more information.

Hoping to put this behind me and get an opportunity to re-start my job.

[Nattybone]

Hello,

I am facing an unexpected situation with my work visa. I just found out this past Friday that my H1B visa was cancelled/ revoked by my employer due to miscommunication around Mid-November. I have continued to work with the company and on their payroll. I was put on an administrative leave this past Friday (Jan 31st) as soon as we found out about this. My employer is supportive and ready to apply for new H1 under premium processing. Their immigration attorney is saying I would need to travel back to India and get a new H1 stamp then re-enter to cure the problem.



My husband is also on H-1B visa and we can also look to apply for an H4 visa if needed. But we are not sure what is the best way going forward.



The situation has made me very anxious. I would appreciate it if I can get your advice on what is the best way to resolve this.

My questions is:

(1) Is it at all possible to get Change of Status without having to leave the U.S.?

(2) How is this viewed by the visa officer at the consulate during interview? Should I request my employer to grant me a letter stating that this happened due to a clerical error?

(3) What are the chances they would refuse to grant a new H1B to me?



If anyone had a similar experience in the past, would appreciate more information.

Hoping to put this behind me and get an opportunity to re-start my job.

Hello, Janeo.

Sorry to hear about your visa situation. My thoughts on your queries are:
(1) Is it at all possible to get Change of Status without having to leave the U.S.? - As you mentioned that you are no longer on H1B status, you cease to have any status in USA. As you are now Out of Status, it is not possible to switch to any other status. To obtain a status, you will have to unfortunately leave the USA and re-enter.

(2) How is this viewed by the visa officer at the consulate during interview? Should I request my employer to grant me a letter stating that this happened due to a clerical error? - While visa situations are tricky, but as yours is a genuine case and your employer is willing to extend all possible support, i do not see any major challenge in explaining this to the consulate officer in India, or any other country. It would not hurt to take a letter from the company (on the letter head) narrating the circumstances.

(3) What are the chances they would refuse to grant a new H1B to me? - No one can predict the outcome of a visa interview. Your case seems to be genuine. Carry all the paper work with you and i am hoping the officer at the consulate will be sympathetic.

Further, i know of someone who had a similar scenario (the Indian desi consultancy in California had messed up that person's paperwork). That person received a letter from USCIS stating that 6 earlier the person's H1B had gone out of status. This person travelled back to India and explained the case to the consulate official. The officer was sympathetic and did not decline the visa, but as the Indian desi consultancy was not a good one, this person was given a 221G. As this does not seem to be the case with your employer, i am hopeful that you will not be given a 221G. No one knows the outcome, we can only prepare and hope for the best.

I hope this helps. Sorry once again for your situation.

Wishing you luck.

Cheers,