H1B Revoke - Options

[fidelity]

Hi,

I have a peculiar situation, Any information is highly appreciated.

My Employer for L1- H1 COS in Apr 2008. It was selected in the lottery. But my employer revoked the petition in June 2008.

But he received a approval notice in Oct 2008. And he wants me to work for him.

1. Is my H1 still valid or will ti be revoked in future?

2. will the last action rule apply here and my h1 remain valid?

3. what are the other options if i need to start working for my employer.

Any reply is highly appreciated.

Thanks

[txh1b]

1. It will most likely get revoked in the future as USCIS takes a while to act on revoke requests. You may not work unless a new petition is filed and approved.
2. If it was a COS, yes, it will apply.
3. No options. Talk to your lawyer.

[fidelity]

H1B Revoke - Options

Hi TxtH1b,

Thanks for your quick reply.

It is infact COS from L1 to H1.

So you mean my H1 is valid.

How and where can i verify if my petition has been revoked\not revoked?

Will USCIS update in the site?

Thank you

[txh1b]

Your employer would have provided a date of the revoke on the revoke letter. I am afraid based on what you say, you are out of status and rather illegal due to the events following your case. A revoke DOES NOT put you back on your previously held status. You need to talk to your lawyer immediately.

I suggest you leave the country and return again on a valid status and a new I-94. There is no official verification for a revoke. USCIS could take many months to revoke it.