I have a valid H1B visa stamping. One year after visa stamping, USCIS changed my case status to RFE and now they changed to “Revocation Notice Was Sent”. We are still waiting for the actual USCIS notice.
What is this means ?
Also I have approved i-140 with me now. Can i proceed for applying for extension on approved my i-140 now?
Please help immediately to understand the consequences.
Are you saying that USCIS has issued RFE against an already approved petition and later sent Revocation notice against the same? Are you currently working on the basis of that petition?
Sorry. Its not RFE. Its “Notice Of Intend To Revoke” and they revoked my existing H1B petition which was approved 1.9 years before. On my visit to India I got visa stamping as well 1.3 years before. USCIS revoked that now. I am currently in that H1B only.
Also I have approved I-140. What are the best possible ways for me now ?
Thanks for your response.
It would be clearer when the notice is received. They have issued NOIR and are giving your employer a chance to respond to it. So you still have time.
If the employer is not able to successfully respond to the NOIR, then you should immediately move to another employer.
Unfortunately, attorney responded with all requested docs. Not sure why USCIS revoked my petition. We are waiting for actual notice from USCIS which may expect to receive in a weeks time from now.
Any additional info on next steps ?
Once you receive the notice, and it is eventually denied your employer can file MTR or an Appeal. This is a long process and may or may not result in approval.
IMO, you should also look at other employment opportunities as backup plan.
what is MTR means ? How long this process may take in case if employer challenge USCIS ? I don’t want to have a situation where say after 3 months, I was forced to deport ? My company attorney says they will challenge USCIS.
Motion to Reconsider. It could take several months and doesn’t grant you valid status. In other words, just b/c MTR or Appeal is filed, you don’t get status to stay inside US.
You should consider original judgment as final judgment and work according to that. If the original decision is reversed, then you can go back and work for this employer but not while MTR/Appeal is being processed.
thanks for your prompt response. Now my employer is not providing the copy of notice to me. Can i get a copy of notice through any other channel quickly?
No, you have to rely on employer for that information.