H1b question

New
KONY84

New

KONY84
May 21, 2019 3 Comments

My case is very complicated. I was working for company A last year. while working there my h1b was approved until Jan 2019. After receiving approval, my employer received a notice from USCIS mentioning intent revoke as some documents were missing which USCIS caught after approving my H1-B, hence my H1-B case was open and received RFE after approval. While my employer worked with lawyers to reply to USCIS on inquiry I got laid off from the same company in Jan and USIC did not approve the documents which my employer sent and USCIS revoked my visa :( To maintain my status I filed for H4 before my Jan 2019 as I was 6 months pregnant. My H4 EAD is in processing and received RFE.

Now the question is If I get an offer can my new employer file for my H1b based on my previous H1b using which I worked last year even though it was revoked?

comments

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TOP 3 Comments
  • New / Other
    AuntHilda

    New Other

    AuntHilda
    I am assuming you/your spouse make decent $$$$$. Considering that, I would highly recommend you hire an attorney who can answer with assurance. On Blind, you might get answer but can't rely on. It's about your career and spending a couple of hundred dollars to consult with immigration attorney is worth it.
    May 21, 2019 0
  • Cognizant
    LDoQ41

    Go to company page Cognizant

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    Aao kabhi haveli pe!!!
    LDoQ41
    Yes. Once your H1 is cap exempt, the new employer is well within rights to request approval on the same. No need of a fresh H1 petition.

    You need an attorney to describe your case properly and step wise to minimize the chances of an RFE/Denial
    May 21, 2019 0
  • New
    yxcL74

    New

    yxcL74
    Agree with the other poster that you should seek legal counsel. But from my shallow / limited understanding if your petition was never approved, then you do have to go through the lottery again.
    Jun 3, 2019 0