Immigration status with Visa Revocation


#1

Hi !!

One my friend received a visa revocation email from Indian embassy. She is currently on H1B visa and was involved in a domestic violence case which seems to have led to visa revocation.

Can the person continue to stay in US ? Or is she required to leave ? How does it affect work authorization?

She is seeking advice from a immigration attorney. However, any feedback from any previous experience shall be greatly appreciated.

Thanks in advance.


#2
  1. Any visa revocation first start with “Notice of intent to revoke”, which outlines the details of why the Govt is attempting to revoke the approval and gives a chance to reply such notice with the valid reasons why it should not be revoked. Without such notice details, one cant answer the reason for the revocation.
  2. Till the revocation is finalized, the candidate is deemed to be in-status, can stay in US. But once the final revocation notice is issued, the candidate is deemed to be out of status and needs to either move to another valid status OR leave the country ASAP.
  3. Since your friend is on H1B visa, its nothing but a WORK AUTHORIZATION is inbuilt into it(there is no specific work authorization separately for a H1B holder). In other words, a H1B is a DUAL INTENT (Permission to LIVE, Permission to WORK) visa given to a US employer to employ a qualified employee. Thus, losing or effect on work authorization should not be a question. Losing H1B would ceases the live and work both permits under it.