H1B REVOKED AFTER STAMPING(2015) - NOT TRAVELED TO US

USA H1B Visa
1

Hello ALL,

I have a stamped H1B in my passport (2015 to 2018) and not traveled to US. After stamping of one month USCIS reopened my case and revoked the case after 4 months. The reason for revocation is the site visit to employer by USCIS. Shall I come under cap exempt now as I can not travel to US with the existing stamping? Is it possible to get the H1B transfer with a new employer in my case? If the case do I need to go for a fresh stamping?

Thank You.

2

Two possibilities:

  1. If the original H1 is revoked due to a fraud(May not be yours but also your employer’s), the allocation of H visa for that year would be removed(in other words, you cant use it for non-quota in future).

2)If the original H1 visa was allocated(consumed from that year’s quota) but it was revoked due to the non-fraud case, you can find another employer who can sponsor your H1 but may not be counted under quota.

You really need to check with USCIS before proceeding.

If you get an offer from a new employer, such employer can check with USCIS if you can get under non-quota or not.

3

Did you get a notification for this… where you checked regarding this status.

4

On the same day of my case reopen (RFE), few more employees of my employer got RFE. They also got revocation along with mycase. Since they are in US and already working, changed their status to H4. After few days of revocation another employer filed H1 transfer and it got approved.

Since I am in INDIA and it applies to my case as well? What I mean is shall I come under cap exempt now as I can not travel to US with the existing stamping? Is it possible to get the H1B transfer with a new employer in my case? If the case do I need to go for a fresh stamping?

5

My employer did not revealed about the notice. The RFE is briefly about USCIS site visit.