Experience: H1B Administrative Processing and Revocation

I wanted to share my experience from Sep, 2018 and eventually I got my visa revoked, Jun, 2019. I also had some questions, which I’ll have at the end, but bare with me and thanks for reading. In case you want to skim,

Visa revoked after loosing job during administrative processing, and now looking to see what options are there for new H1B.

Now, the long text:
I travelled to India for my H1B stamping Sep 2018 after not seeing my family for a while, and was elated. I had an ongoing project in an EVC model, which had some promise of extension and I decided to travel during that decision due to personal reasons. Upon arrival at ND consulate, I got a 221-G (white slip) with request for administrative processing, and I thought, okay, no biggie. I mean I still have a job, and they should be able to verify it soon, and in the meantime I’ll just work remotely so all can be good. Well, to my worst fear, they took 3 months to even verify, and during that time, surprise-surprise, I lost my project since the client couldn’t wait anymore. To top it all, premium processing got halted for transfers few days after my interview and it won’t resume Mar 2019, so a no-go for me in case I manage to find a new job and want to apply a new petition. So fast forward with everything, Apr 2019, USCIS sent a NOIR, and then in Jun 2019 they sent the official revocation notice. After months of trying and looking for full-time jobs, I finally managed to get thru few interviews which I’m hoping would turn into valid offers. I have been going thru this un-planned ordeal, and it’s rough, but I’m powering thru it all. Now, I’m not seeking much of a legal advice, but my main questions are:

  • How much of this should I reveal to my future employer? I know, I should reveal all of it, but I didn’t want to turn-off (or scare) a future full-time opportunity and wanted to minimize any negative impact this may have on my situation, given the rarity that I’m facing with employers even willing to sponsor. The reason for my denial is simply that the client didn’t require my services anymore, so it wasn’t any sort of misrepresentation in any way, but I’m not sure how future HR might take this as.
  • Since my approved petition has now been revoked, and this was my cap-exempt transfer from 2017, would I still be considered for a cap-exempt petition by a new employer?
  • I also have an approved I-140 (CP), and still have 1 year out of the 6 from my first H1B, so in this case would new employer be able to ask for a 3-year petition, without filing for I-140 right away?

Has anyone (I really feel sorry if you did) been in a similar situation? Do you have someone you know who might have had similar case? Any input is appreciated and I thank you for reading to my long text (that in and of itself is a great support).

Sorry to hear about your situation. As it is a tricky situation, I do not have first hand experience, please consult with attorney. Having said that, my two cents…the general logic is that if you were on H1B and worked on H1B for sometime, you had H1B status, so you are cap exempt, unless it was revoked for fraud. Discuss with an attorney on your situation and ask them, if you need to share all of this with any prospective employer or not…better to clarify with a neutral view from a third party attorney, before you jump in…

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