H1b revoke

H1B visa revoked due to DUI and my wife has H4 she went to India.She was denied back to travelling to USA gave her DHSTRIP page I am here on a H1B work permit. I got arrested for a DUI on Nov 2023.I understand it is my mistake and this is the first offense of any kind in my driving records.They took my fingerprint I am not sure whether my visa ...

Scenario 1 - If H1b is approved and H4 and H4 EAD is still in pending state , what will happen , do we need to revoke H4 and H4 EAD application or she will automatically come on h1 status and no action is needed. Scenario 2- If H1b is pending for approval but H4 and H4 EAD gets approved, what will happen , do we need to revoke …The straightforward answer is that yes, if you cannot extend your H1B status beyond the six-year limit and you still wish to work in the U.S. on an H1B visa, you would typically need to be selected in the H1B lottery system again. The H1B lottery is a process implemented by USCIS due to the annual limit on the number of new H1B visas issued.H1B visas are difficult to obtain. The H-1B visa requires locating a sponsoring employer. Techfetch H1B is the best place to start for information. We provide all details to help you understand H1B and the processes involved. This article discusses the FAQs related to reasons for H1B revoke & layoffs.VISA2US Corporate Prime Membership. Unlimited Corporate Immigration Consultation ( H1B, O1, L1, TN, E1/E2, E3 Visa, I-485, PERM, NIW, EB1B, EB1C ) Prompt responses in 24 business hours. Exclusive membership discount on H-1B and O-1 Cases. Learn More chevron_right.Hi there, I got my H1b visa in Oct 2019, I got it stamped also, which is valid till Sept 2022. I got layed off on Dec 9, 2019. My employer has sent revoke to USCIS. I still don't have not found new employer. I want to know in which I am not out of status: If LCA has been filed before Feb 10 H1b is filed before Feb 10 GotA. Extension of Stay or Change of Status. Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of their admission period in order to continue to engage in those activities permitted under the nonimmigrant classification in which they were admitted.The cap-gap extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn even if the H-1B petition is approved for consular processing. The student will have the standard 60-day grace period from the date ...

Basically what the new regulation in 2008 was that “ USCIS will deny or revoke multiple petitions that are filed by same employer for the same H1B Worker as they are considered duplicate and there will be no refund of the filing fee for these multiple petitions.”. Also, one key distinction at that time was that, USCIS regulation did not ...The processing and renewal timelines have been affected by the pandemic, and proposals for extensions and premium processing are being considered. 2021 has started with some good news - the Biden Administration withdraws proposal to revoke H4 EAD. This is great for people who are H4 spouses of H1B visa holders.H1b Revoke status after transfer. USA. H1B. h1b. Kssss (Khadar Shaik) August 12, 2023, 3:26am 1. Three months back moved to new organization and suddenly I got notification today as my old intial case is revoked …I checked my new case and it still approved status.Did I need to worry on this or need to check with old employer…Did this impact ...Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 consecutive calendar days or until the end of the authorized nonimmigrant validity period, whichever is shorter (the "maximum ...Would need your guidance and help on the response to NOIR to take it forward I have received NOIR from my employer 'A' 10 days ago, unfortunately, I missed it and now am really concerned with the NOIR. The details of intent to revoke are under 8 CFR 214.2(h)(2)(i)(B) and 8 CFR 214.2(h)(2)(iii)(A)...H1b Revoke status after transfer. USA. H1B. h1b. Kssss (Khadar Shaik) August 12, 2023, 3:26am 1. Three months back moved to new organization and suddenly I got notification today as my old intial case is revoked …I checked my new case and it still approved status.Did I need to worry on this or need to check with old employer…Did this …

The Notice Of Intent to Revoke (NOIR) is used by USCIS to inform a US visa applicant or holder of the intention to revoke a petition that has been previously approved. They can be issued for any type of visa, both immigrant and nonimmigrant and family-based or employment-based, at any time after approval for a petition has been granted.Answer The revocation of a visa by a consulate normally has no impact on one's current status. (13.Feb.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ...This is a fairly recent development in consular practice. Historically, this step typically was taken only when an individual applied for an H1B visa and the H1B petition was before the consulate. Currently, the consulates in India may choose to request that the USCIS revoke H1B petitions after denying the H-4 visas of dependents.USCIS will revoke your H-1B petition approval once they are notified. If you don't have another H-1B employer arranged and remain in the U.S., you may start to accrue unlawful presence. More than 180 days of unlawful presence—but less than 365—can lead to a three-year ban from reentering the U.S. If you are found to be unlawfully present ...

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Employer B received a notice of intent to revoke. Employer B still has a chance to respond and defend the H-1B. The post implies that the individual did nothing wrong. She worked for company A and A submitted a registration. B also submitted a registration and when B was selected, she went to work for B.Whether you are again subject to the cap depends if you had H1B remainder time on the revoked H1B. Despite the 60 day rule you may have stayed in the US finding employment until the end of the I-94 validity. The I-140 priority date remains valid for future employment.Electronic communication can still create a paper trail, as former Trump campaign chairman Paul Manafort learned recently when his bail was revoked for alleged witness tampering wh...Additionally, the H-1B final rule codifies USCIS' ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid. Also under the new rule, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not ...There are certain situations in which the government can revoke an approved request, petition, or application. Called a NOIR (Notice of Intent to Revoke), this action …Consular officials at the U.S. Department of State may revoke a foreign professional’s H-1B visa for a single DUI arrest. 1. Similarly, officers can decide to non-renew an H-1B visa (or decide to not grant an H-1B extension) for a DUI arrest. Note that officers have the discretion to take either of these actions.

Hello Experts, When I went for my first time H1B stamping in India, VO issued 221g and while returing my passport, she cancelled my old F1 visa (CANCELLED WITHOUT PREJUDICE).My employer did not provide the requested documents to the consulate and an year after I got an e-mail from Consulate that "Your Visa is REFUSED under 221g and we are sending back your petetion to USCIS".Starting in October 2022, USCIS began issuing Notices of Intent to Deny and Notices of Intent to Revoke for multiple registrations, alleging fraud, misrepresentation, and violation of the attestation's terms. Despite these actions, the abuse of the H-1B registration process persisted, with the number of registrations nearly doubling in 2023.于2021年底辞职，前雇主同时revoke h1b，目前uscis显示h1b revoked. 1point3acres.com 最近萌生再度归海的念头，且国内的防控政策和闭关锁国让我愈发坚定再次run回美国的心，然而为时已晚，现在非常后悔当初没留条退路。According to USCIS, the number of multiple registrations jumped from 165,180 in FY 2023 to 408,891 in FY 2024, an increase of 148 percent. And the immigration agency says it has taken legal action to address abuse of the system. "Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive …If your former employer revoked your H1B at the time of H1B lay-off, you need to file for a change of status to B-1/B-2 immediately. You will need a copy of your itinerary showing intent to leave ...Q: I was with employer A earlier who laid me off one month ago and sent a letter to USCIS to revoke my petition. What happens if I find another employer B to sponsor my H1B meanwhile? A: When the employer sends the notice to revoke a particular H-1B petition, USCIS typically takes months to process that request. Therefore, the revocation of the ...What happens if H1B is revoked? A revoked H-1B is a revoked H-1B, regardless of whether or not it is subject to the cap. A cap-exempt employer can still go out of business or choose to terminate a contract with a beneficiary, which would result in the revocation of the visa.1. You can file for a COS to B2 on the last day of your work with current employer. 2. For a new cap exempt H1B petition approval it takes 3 to 4 months by regular processing and 15 calendar days by premium processing. 3. Till a decision is made on your COS to B2 or 180 days whichever is earlier.Answer One generally can tell by entering the receipt number into the “case status” link on the USCIS website. This is generally, but not always, accurate. (15.Oct.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...FAQs on H1B Layoffs. 30 Nov 2022. For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B workers, as Amazon, Twitter, and Meta, among others, are in the ...Just call the attorney who filed your H1B and ask. Calls from any other "lawyers" are definitely scams. USCIS definitely doesn't revoke H1B petitions due to payment issues because payment must be processed successfully before the petition was even looked at. Furthermore, H1B visa stamps are handled by the State department, not USCIS.

135 reviews. Rating: 8.1. 10 year Top Contributor. Website. (408) 516-4618. Message View Profile. Posted on May 21, 2021. H1B revoked after getting green card does not impact the green card. Disclaimer.

November 16, 2022 in H1B : H-4 Issues. Followers 0. Reply to this topic; Start new topic; Recommended Posts. BRM. Posted November 16, 2022. BRM; Members; 1 Report; Share; Posted November 16, 2022. I'm changing my employer. My wife is having a valid visa stamped with my old employer. She is planning to come in early 2023.Techfetch H1B provides detailed information about what happens after H1B is revoked so applicants can better understand the U.S. immigration procedure. The most common reason for NOIR is when the applicant's first H1B, chosen through the lottery, was accepted for an internal assignment at an I.T. consulting company.November 16, 2022 in H1B : H-4 Issues. Followers 0. Reply to this topic; Start new topic; Recommended Posts. BRM. Posted November 16, 2022. BRM; Members; 1 Report; Share; Posted November 16, 2022. I'm changing my employer. My wife is having a valid visa stamped with my old employer. She is planning to come in early 2023.If you stay beyond that date, you become "unlawfully present," and the consequences can be severe. After 180 days of unlawful presence, you cannot return to the U.S. for three years from the date you finally depart. If you overstay by a year, the ban on returning to the U.S. shoots up to ten years. These are known as the three- and ten-year ...Jan 5, 2024 · Immediate steps to take after H-1B revocation include reviewing the notice, consulting an immigration attorney, and understanding legal options. Tips for addressing multiple H-1B filings include future compliance, seeking employer support, and exploring legal remedies or alternative visa options. The employers are not required by law to revoke the H1 once the employee leaves. But good employers cancel the H1. If you want to go back old employer and their H1 is valid (dormant in your terms), you can go back.Apply for COS from H1 to H4 and resign after getting the receipt and any notice period. 2. Yes. A visa is an entry foil in your passport. 3. You can get your H4 stamped elsewhere. 4. A COS to H4 will take months. It is easier to leave and return with an H4 visa.Your I 94 will continue being valid until the "transfer" petition is adjudicated. Then, the answer will depend on the outcome. the 60 day grace period usually starts form the last day of the employment. If the petition is denied, from that last date of your employment to the current "new" employer if you are working for them on receipt.For example, if you are married to an H1B visa holder, and your spouse has an approved adjustment of status application, but the priority date is not yet current, a divorce or separation may disqualify you as a "dependent." ... (EAD) may be revoked. However, in situations such as an abusive relationship, you can work with a reputable ...To retain the best global talent, many employers leverage the annual H-1B visa lottery to secure work authorization for new employees. The nature of a lottery, however, leads some employers to search for ways to improve their chances of securing that “winning ticket”—and a pathway to retaining key talent in the United States.

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Hi Friends, I have been working in the US on my H1b visa, since 2007, after completing my education from 2005 to 2007. There hasn't been any gap on my payroll or tax filing ever I had a successful stamping of my H1b visa on Sept 12 2012 at US consulate Chennai, after which I travelled back to the US (Newark NJ) on Sept 17 2012, during this period I was working for Client A, in Philadelphia.10 year Top Contributor. Website. (408) 516-4618. Message View Profile. Posted on Aug 27, 2021. While the H4 should remain valid when the prior employer revokes the H1. Recent reports are that many H4 pending applications have been denied. Disclaimer. Helpful (0) 1 lawyer agrees.9 FAM 403.11-3(B) (U) When You May Not Revoke A Visa (CT:VISA-1463; 02-01-2022) a. (U) You do not have the authority to revoke a visa based on a suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding, other than a revocation based on driving under the influence (DUI). A consular ...Feb 9, 2021 · Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS. USCIS continuously works to deter and detect fraud in all immigration programs and we are furthering our efforts by enhancing and increasing site visits, interviews, and investigations of petitioners who use the H-1B visa program. If So what may be the formalities I may have to go through and how long it may take to get H1B. Yes, a new employer can file a cap exempt H1B petition anytime based on your previous I797. On approval you can travel to US with a valid H1B visa and new I797.View Profile. Posted on Jan 21, 2018 Selected as best answer. You will not need to make a change after getting your green card. That status supersedes the visa status. However, don't count on getting that green card in December if you marry in June. It takes about a year to get the green card after applying. Longer if there are issues.May 28 – 2020 – USA Visa Revoked – Effective April 20, 2020. Here’s an email from U.S. Embassy in New Delhi. As far as I can tell, there are several U.S. Visa holders on F1 OPT, F1 STEM OPT, Recently H1B Approved, got this U.S. Visa has been revoked email. Here’s how you folks have reacted to Visa Revocation Emails:Hi Today we got a mail from USCIS saying they are intending to revoke H1B I had between 2011 and 2012, and I am with the same employer on an H1B extension I am trying to find my options here 1. If I get an extension with the same employer will it be treated as separate H1B or continuation of prev...When you terminate an H-1B worker prior to the expiration of the worker's visa, you must: Give the H-1B worker clear notice of the termination of employment; Provide notice of … H1B visas are difficult to obtain. The H-1B visa requires locating a sponsoring employer. Techfetch H1B is the best place to start for information. We provide all details to help you understand H1B and the processes involved. This article discusses the FAQs related to reasons for H1B revoke & layoffs. Hi Today we got a mail from USCIS saying they are intending to revoke H1B I had between 2011 and 2012, and I am with the same employer on an H1B extension I am trying to find my options here 1. If I get an extension with the same employer will it be treated as separate H1B or continuation of prev... ….

Noah Eden Klug. You are still in valid H-1B status and therefore your wife is still in valid H-4 status as well. It does not matter that your previous H-1B employer sent a withdrawal letter to USCIS. They were just informing USCIS that you are no longer employed with them. But you have a new H-1B employer and so are still in valid H-1B status.Website. (916) 432-1156. Message View Profile. Posted on Dec 17. To reapply for an H1B visa after your previous visa was revoked, you will need to follow these steps: 1. Find a U.S. Employer: You must have a job offer from a U.S. employer who is willing to sponsor your H1B visa. They will need to file a new H1B petition on your behalf.If 60 days have passed and you’re still in the U.S., a safer option may be asking your new employer to file a new petition rather than a request to extend your current status. If this happens, you would have to leave the U.S., get an H-1B at the U.S. consulate in that country, and then come back to the U.S. to work for your new employer.Website. (619) 377-4202. Message View Profile. Posted on Jan 17, 2022 Voted as Most Helpful. No. Principal H1B visa holder who abounded his wife at her country of domicile and left for USA on his own cannot "revoke" his abandoned wife's H-4 visa, assuming she succeeds to having one issued from her home country US consulate. Disclaimer.I recently had my H1B stamped and travelling back to USA (previously on F1 and had a AOS to H1B). So, at the port of entry a cbp officer denied my entry (inadmission) citing 212 (a) (6) (C) (i) and 212 (a) (7) (A) (i) (I). The reason they gave is they couldn't find the proof for existence of my H1B sponsor in USA from an internet search.H1b Revoke status after transfer. USA. H1B. h1b. Kssss (Khadar Shaik) August 12, 2023, 3:26am 1. Three months back moved to new organization and suddenly I got notification today as my old intial case is revoked …I checked my new case and it still approved status.Did I need to worry on this or need to check with old employer…Did this …A new H1B employer may file a new cap exempt H1B (which was never used to travel) on a H1B revoked after October in the year of filing. Can you reactivate H1B? The rule to recapture unused H1B time of 6 years was updated in 2017 to provide more clarity and it says that " there is no time limitation on recapturing the remainder of the initial ...Jun 17, 2015 · USCIS started taking serious note of its violation now. Since your H1B is revoked you are out of status even if your H1B visa and I94 has a validity date. You need to move to a dependent status or exit US asap. Working after revocation is again a serious issue. Posted June 18, 2015. H1b revoke, Ps1234. My initial h1b was approved in July 2019 and we filed an amendment in Oct 2019. On Oct 1st, 2020, my initial cap-subject H1B is revoked by USCIS as we filed the amendment 10 days late. In the revocation notice, there was no mention of the finding of fraud. But they also sent notice of intent to deny for amendment and one of the reasons ..., Experts recommend mailing a certified letter to the USCIS service center that approved the H-1B visa, providing the date of termination and a request to revoke the petition., DHS, U.S. District Judge Jeffrey S. White, in a written order, vacated and set aside the DHS and DOL H-1B rules. “Defendants [the Trump administration] failed to show there was good cause to ..., H-1B Transfer Fees: The fee is the same as your initial H-1B Filing and has to be paid by your employer who is doing the transfer. The following is the fee structure. I-129 Fee: $325. American …, Based on evidence from the FY 2023 and FY 2024 H-1B cap seasons, USCIS has already undertaken extensive fraud investigations, denied and revoked petitions accordingly, and is in the process of initiating law enforcement referrals for criminal prosecution. Let's see how this will affect next year's lottery., However, since USCIS has revoked the H1, you might face additional scrutiny and there are high chances that the new H1B might be denied. 1. You are cap-exempt. 2. 2 months (premium processing) + rfe response time. 3. you are not eligible for 240 day rule. it applies only for people waiting for exiting h1b application result., H1B transfer from India with revoked H1B Hi, I am working for Employer A in US and I have completed 4 years out of 6. I've resigned my job with Employer A and joining Employer B at India. The current H1B petition is valid thru Dec'16. I would like to return back to US after 1 year with Employer C., Answer One generally can tell by entering the receipt number into the “case status” link on the USCIS website. This is generally, but not always, accurate. (15.Oct.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law..., Will this status Intent to Revoke Notice Was Sent show for the petition if the employer A sent a request to USCIS to withdraw petition? Because this employer A already transferred the h1b peition to employer B way back in August 2015. And the Intent to Revoke Notice Was Sent happened on Dec 2015., 2. Can I go ahead with the company "A" with amendment + extension during company "C" handling intent revoke 3. Can I still continue with Company "A" when amendment is filed and waiting for status ,if my earlier Approval got revoked from Company "A". 4. If they revoke Approved petition with "A" , does "A" gets notice ?, 135 reviews. Rating: 8.1. 10 year Top Contributor. Website. (408) 516-4618. Message View Profile. Posted on Aug 24, 2021 Voted as Most Helpful. It is possible to return to H1b status should the employer file an H1 petition not subject to the cap. Disclaimer., Yes, concurrently filing of the Change of Status from H1B visa to H4 and the EAD application is allowed. The H4 will not take effect until the change of status is actually approved. Therefore, if the H-1B continues to be properly maintained, you can continue to work on the H-1B while you wait for the H-4 and EAD to be approved., Is there any way they can revoke/undo the cancellation notice that they sent to USCIS?? Has there been cases like this before?? Regards, Shane. All posts are moderated, so it will take time for your post to appear! ... H1B : Processing Times ; H1B - revoked by notifying USCIS... H1B - revoked by notifying USCIS... By sachinisgod, June 8, 2011 ..., Who Can File Immigration Appeals or Motion to Reopen a Denied or Revoked H1B Petition. Only the petitioner is liable to file an appeal or motion of a revoked or denied H-1B visa petition. You cannot file as a beneficiary unless you are both the petitioner and beneficiary of a US citizen or otherwise authorized to file the petition., In these cases, the consular officer can refuse the visa under the 221(g) provision and return the case back to USCIS to reconsider their decision and possibly revoke the earlier approved petition. (Of course, there are other cases of 221(g) denial where the documents are missing, and the visa will be issued once the documents are presented.), The petition will be returned to DOS's National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner's response. The NVC will then forward the petition to the consular office. The consular officer may accept the petition as valid and ..., My H1B was valid from 12/2009 to 12/2012. I filed an extension in 09/2012 and I received a Notice to revoke on 12/2012 and was replied to on time. I filed an H4 on 2/2013 and was approved and is valid until 05/2014. H1B was revoked by USCIS in 12/2013 due to the employer not paying the required wage. 1) What is my status. Am I lawfully present., 您的H1B的终止日期并不是公司向移民局申请revoke的日期，而是您停止工作的日期。. 既然您H1B曾生效，那么无论生效多久，下次再申请H1B的时候就claim剩下的时间即可。. hi 您好， 我之前是H1B身份。. 之前辞职了，现在换成另外一种签证。. 但是之前的公司没有 ..., Q60:那这一个 revoke H1B需要交费用吗？ 雇主 revoke H1B 不需要交费用，写封信就好了。 Q61:那 Grace period 期间新公司寄出了H1BTransfer，但是 60 天内没有寄到，有什么影响吗？有几天 gap 的话需要做什么吗？ 一定要寄到。notice 上面的 receipt 日期超过了，就算你有gap。, The agency is also seeking to codify its authority to deny or revoke an H-1B petition if the underlying registration contained a false attestation or was otherwise invalid. Qualifying H-1B occupations. USCIS would substantially revise the definition of an H-1B specialty occupation. A number of the proposed revisions would introduce greater ..., Jun 9, 2020 · May 28 – 2020 – USA Visa Revoked – Effective April 20, 2020. Here’s an email from U.S. Embassy in New Delhi. As far as I can tell, there are several U.S. Visa holders on F1 OPT, F1 STEM OPT, Recently H1B Approved, got this U.S. Visa has been revoked email. Here’s how you folks have reacted to Visa Revocation Emails: , We would like to show you a description here but the site won’t allow us., An H1B visa stamp in one’s passport generally remains valid through the expiration date listed on the document. Although the stamp includes the name of the employer, it is not employer-specific and the stamp may be used for any H1B travel during its period of validity. However, the H1B worker will need to affirmatively present his/her ..., Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below., Company A : I got my I797 Approved till 19 Apr 2019 (I94 valid) from Company A. Company B : I left Company A on 18 Jun 2019 and Company B filed for H1 Transfer / Extension. I started working with receipt number. Received RFE on Specialty Occupation and responded to RFE on 22 Nov 2019. Received De..., H1b has to be revoked within 30 days or so i think . However yeah if you got to 140 stage no company revokes it. As soon as employee leaves, the employer has to revoke H1 (informing uscis about it). But I am not sure in how many days employer has to revoke, I believe 15 days. , USCIS retains the right to take action, and in severe cases, they can revoke your H1 visa status, and you may be required to leave the U.S. Discuss with your attorney whether an amendment is appropriate for your case and the best way to file one. Other H-1B Visa Topics. H-1B Visa Process; H-1B Visa Processing Fees; H-1B Visa Documents; …, Your amendment is revoked. 2. If you have worked in the capacity of your old LCA/H1B petition, then you are still in status. However judging from your description you likely worked in the capacity of your H1B amendment, which has a material change comparing to your old H1B petition. This would make you out of status., Sep 5, 2023 · Receiving an H-1B visa is an impressive accomplishment when you’re a foreign worker with the goal of working in the United States. Not everyone who pursues this path is able to navigate it successfully, but you did. However, once it’s in your hands (and in the USCIS system), that doesn’t mean it’s guaranteed. There are certain situations in which the government can revoke an approved ... , If your former employer revoked your H1B at the time of H1B lay-off, you need to file for a change of status to B-1/B-2 immediately. You will need a copy of your itinerary showing intent to leave ..., Please note that Petition A has been revoked and petition B has an RFE. => Yes C can file H1b for you. In this case you need to send receipt from B, A's approval, paystubs from A/B for last 2-3 months. Collectively, these all will show that you are in-status currently. Always remember, on H1b don't resign until new H1b is approved., If there is a denial, withdrawal, or revocation of the H1B petition, however, there are pitfalls that may arise. Cap-Gap Benefit and Limitations. The OPT extension known as cap gap is based on the filing of a cap-subject H1B petition requesting an October 1st start date and a change of status for the beneficiary employee from F-1 to H1B., Now while filling DS160 there is a question: 'Has your US visa ever been cancelled or revoked'. When my last H1B visa was stamped on Mar 2021 the consular officer marked my then F1 visa as 'CWOP'. I am wondering if this means that I need to answer the question as 'YES' and that I have had a prior visa cancelled without prejudice.