Question:

H-1B Revocation before it started?

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Currently I am on OPT, that is going to expire on Aug 31. My employer, an IT consultant firm, made revocation of my H-1B starting from October 1. All I did was asked for my part of the approval notice. They were not paying me anything, and I was not in any work. What are my options to stay in status? Can I transfer my H-1 with any other company (I dont have anything other than the EAC number)? Can this hamper my future immigration issues with USCIS?

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  1. First of all, your employer doesn't have to give you the approval notice, since the petition belongs to employer. Since it is employer's petition, they have power to cancel the visa or withdraw the petition.

    If you can find a new employer, you can port the approve the H1B as soon as your new employer gets Receipt Notice for new petition and you can start working.

    If you stay beyond the I-94 expiration date, you get to have issues with USCIS.


  2. 1.  You sound like you do not have the actual approval notice.  As you may aware of the actual approval notice has new I-94 to replace your old one.  So you should have it already.  If you still haven't had it yet, please use your EAC number to check on this link https://egov.uscis.gov/cris/jsps/index.j... to see whether has the approval or not.  

    2.  If you do get the approval, since approval is followed to you instead of the employer, you can find a new employer and lawyer to seek for further information.

    3.  If you do not overstay in this country, it'll have nothing affect your future immigration issue.

    Good luck.

    P.S.

    www.immigrationportal.com

    You can try this web site.  Make sure you read thoroughly before you post anything.  If your case has any skeleton in it, please post it very careful.

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