H1B Cancelled/Revoked while getting B1

[Luckycoer]

Hello Experts,

Unfortunately my H1b VISA valid till Nov 2016 has been cancelled while getting B1 Visa. I need to know does it mean My i-797 is also revoked? or I need to apply for a new H1b petition application now or I just need to apply for the H1b VISA?
Please suggest what options are left to get my h1b now.

Thanks
Prashant

[raghvi]

Hello Experts,

Unfortunately my H1b VISA valid till Nov 2016 has been cancelled while getting B1 Visa. I need to know does it mean My i-797 is also revoked? or I need to apply for a new H1b petition application now or I just need to apply for the H1b VISA?
Please suggest what options are left to get my h1b now.

Thanks
Prashant

I believe your H1 was marked CWOP. Only visa is cancelled, you still are cap exempt. There are two ways for you to move to H1.

1. If in US any employer can use the previous approved H1 and file a Change of Status to H1. Once this is approved you can work on H1. If you leave US , you have to first get H1 stamped to return on H1.

OR
2. If you are outside US, you can use the valid H1 I797 to get a new visa stamped.

This is my opinion not legal advice.

[Luckycoer]

How would I know if my I-797 is revoked also?

I believe your H1 was marked CWOP. Only visa is cancelled, you still are cap exempt. There are two ways for you to move to H1.

1. If in US any employer can use the previous approved H1 and file a Change of Status to H1. Once this is approved you can work on H1. If you leave US , you have to first get H1 stamped to return on H1.

OR
2. If you are outside US, you can use the valid H1 I797 to get a new visa stamped.

This is my opinion not legal advice.

How can I know whether it is VISA which is cancelled or they have revoked my petition too?

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How can I know whether it is VISA which is cancelled or they have revoked my petition too?

How would I know whether it is only my VISA which is cancelled or they have revoked my petition too?

[raghvi]

How can I know whether it is VISA which is cancelled or they have revoked my petition too?

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How would I know whether it is only my VISA which is cancelled or they have revoked my petition too?

Only employer and USCIS can revoke the petition. Even if employer revokes the petition you still are cap exempt, USCIS will only revoke if there was any fraud/misrepresentation done to get approval of the petition.

This is my opinion not legal advice.