H1 B Visa Revoked on Administrative site Vist

[vjreddy]

Hi,
I had recently travelled to US (after getting LCA to the location as it was different from the location specified in petition) on May 2010 and returned to india July 2010.
on my return to india i received an intent to revoke my h1 from USCIS on the grounds that after performing administrative site visit to the location specified in the petition, the applicant was not working at the address specified in the petition and uscis is unable to determine the h1 b position was a speciality position and requested for following information.

1) i94 copy
2) Period of entry to US and exit
3) copy of pay stubs
4) reason for change in work location
5) date reported to onsite and confirmation if i was working at the location specified in new lca.
6) Project details US/ india
7) sow
8) employment verification & information.

All the above documents were submitted and i see after post decision activity my H1 visa is revoked.

Administrative site visit was done on Jan 25 2010 while i was still in india and i only travelled to US in may 2010.

now my attorney has given me options as to appeal the denial or apply for new H1.

Please suggest an appropriate option so that i would get back my h1 visa.

Thanks
Reddy

[kabkaba]

If petition is revoked or denied, you are out of status. Even if appeal is filed, your status does not change.
Any employer can file a cap-exempt petition for you, but it may be approved without I-94. In that case you will need to leave the US and return with a valid Visa.

[vjreddy]

If petition is revoked or denied, you are out of status. Even if appeal is filed, your status does not change.
Any employer can file a cap-exempt petition for you, but it may be approved without I-94. In that case you will need to leave the US and return with a valid Visa.

I have already left US and now my employer attorney is suggesting to file for new H1 Visa. Please let me know the chances of getting my new H1 Visa approved. I would also like to know if other countries VISA would depend on my US H1 Revoke.

[shervin143]

I have already left US and now my employer attorney is suggesting to file for new H1 Visa. Please let me know the chances of getting my new H1 Visa approved.
>>> Your chances are same as any one else who is applying for an H1B.

I would also like to know if other countries VISA would depend on my US H1 Revoke.
>>> No.

[vjreddy]

I have already left US and now my employer attorney is suggesting to file for new H1 Visa. Please let me know the chances of getting my new H1 Visa approved.
>>> Your chances are same as any one else who is applying for an H1B.

I would also like to know if other countries VISA would depend on my US H1 Revoke.
>>> No.

Thanks for the info shervin.
please suggest which visa would be have more chances of getting approved , H1, L1 or L1 Blanket.
I have completed more than 5 years with the same company and an engineer graduate from Industrial engineering and management having 6yrs of experience in IT.

[shervin143]

You are eligible for all three. Getting a visa depends on the documents that you can provide and how you carry yourself in the interview. There no such thing as one visa being easy to get compare to other. If you will be working for an end-client in U.S, then H1B is preferred.

On L1 individual, L1 Blanket you can stay in U.S for 5 years.
On H1B, you can stay for 6 years
On L1A (if you qualify), you can stay for 7 years.

Thanks for the info shervin.
please suggest which visa would be have more chances of getting approved , H1, L1 or L1 Blanket.
I have completed more than 5 years with the same company and an engineer graduate from Industrial engineering and management having 6yrs of experience in IT.

[navgan]

hi vjreddy

hi: i hope you are back to US..

WHEN WAS THE US SITE VISIT DONE BY USCIS OFFICER AND HOW MANY WEEKS OR MONTHS AFTER THIS VISIT DID YOU RECIEVE THE LETTER WITH INTENT TO REVOKE/DENY.
IM IN SIMILAR SITUATION..OFFICER DID A VISIT LAST WEEK..IM TRYING TO UNDERSTAND WHEN WILL I RECIEVE LETTER OF INTENT TO REVOKE/DENY (IF THE OFFICER IS NOT SATISFIED WITH WHAT HE SAW). I'M ASSUING EVERYTHING WENT WELL WITH THE VISIT BUT YOU NEVER KNOW..

LET ME KNOW THE TIMEFRAME ..

N