Results 1 to 4 of 4

Thread: H1b Revoked process

  1. #1
    Join Date
    Jul 2007
    Posts
    52

    Default H1b Revoked process

    Hello Friends,

    I came USA Dec 2007 through company A. And After i transferred my H1b in company B ,Sep 08. But still my H1b status is pending. My Question is my previous company want to revoked my previous approved h1b. So they have any rights to do revoked my h1b because i already put file for transferred. and i also talked with my attorney he said me they can not revoked your h1b so what is the situation?

    Please help me.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,264

    Default Cancellation of H-1B

    I came USA Dec 2007 through company A. And After i transferred my H1b in company B ,Sep 08. But still my H1b status is pending. My Question is my previous company want to revoked my previous approved h1b. So they have any rights to do revoked my h1b because i already put file for transferred. and i also talked with my attorney he said me they can not revoked your h1b so what is the situation?

    First of all, the sponsored employer has the right to revoke the H-1B sponsored by them by just writing a cancellation letter to INS stating that the alien is no more working with them and thereby cancel the H-1B sponsored by them. USCIS also acknowledges the letter and send a confirmation of cancellation notice of particular alien's H-1B. The employer maintains these cancellation notices under public access folder

    They also terminated certified LCA created by them for that H-1B by just going into their DOL account and withdraw the LCA.

    You have already filed the H-1B transfer before the cancellation of your H-1B approval. Therefore you are on safer side and further your H-1B transfer application filed by the current employer is also pending.

    Note: This is not a legal advice, please consult an attorney

  3. #3
    Join Date
    Jul 2007
    Posts
    52

    Default

    Thanks for your reply,

    That's right they have right to revoked H1b visa but suppose anyone transferred than they can do it revoked because my attorney said me that they can not do it. if i m not transferred then they can revoked but if i already transferred than they can not do it. like my attorney said me. I don't know whats truth in it. that's why i put query here.

    Quote Originally Posted by contact 01 View Post
    I came USA Dec 2007 through company A. And After i transferred my H1b in company B ,Sep 08. But still my H1b status is pending. My Question is my previous company want to revoked my previous approved h1b. So they have any rights to do revoked my h1b because i already put file for transferred. and i also talked with my attorney he said me they can not revoked your h1b so what is the situation?

    First of all, the sponsored employer has the right to revoke the H-1B sponsored by them by just writing a cancellation letter to INS stating that the alien is no more working with them and thereby cancel the H-1B sponsored by them. USCIS also acknowledges the letter and send a confirmation of cancellation notice of particular alien's H-1B. The employer maintains these cancellation notices under public access folder

    They also terminated certified LCA created by them for that H-1B by just going into their DOL account and withdraw the LCA.

    You have already filed the H-1B transfer before the cancellation of your H-1B approval. Therefore you are on safer side and further your H-1B transfer application filed by the current employer is also pending.

    Note: This is not a legal advice, please consult an attorney

  4. #4
    Join Date
    Jan 2008
    Posts
    1,264

    Default public access file

    It is a mandatory rule for the employers to maintain the public access folders. The employer has to inform the USCIS immediately by confirming that particular alien under particular H-1b status is no more working with them - no matter whether the alien transferred his H-1b or gone back to his country. USCIS has laid down certain procedures and rules for the employers to be followed for H-1B sponsorship. This rule is one among that.

    Further the Compliance officer of the company will be maintaining all these documents under public access folder.

    Note: This is not a legal advice, please consult an attorney

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •