Legal Question in Immigration Law in North Carolina

Hi Immigration GURUs,

Brief back ground

I come in USA 2007 finished my Master in May,2009.

Company A : OPT and Filed H1B petition and Approved.

Start working for Company A from Oct 1,2009 till March 15,2010.

Meanwhile applied for Company B for H1B Transfer Feb 16,2010

Company B got approval May 5,2010 so started Working for Company B from June,1 2010.

USCIS site visit on July 6,2010. Me and my Employer was present and given all basic info to Representative.

PERM and Labor Approved Priority Date May 22,2012

I-140 Approved September 2012.

March 14 2013 USCIS issue a Notice of Intent to Revoke the petition.

April 12,2013 submitted a response with required document.

August 26,2013 applied for Transfer for H1B with Company C got approval in January,2014.

November 6,2014 got latter from USCIS for petition revoked for company B.

Question:

Do I have to take any action based on Company B petition?

What will happen to My GC process from Company B?

Do I need to inform Company C about petition revoke ?

Any other points need to be keep in mind for future?

Pls give me some suggestions based on your case or experience


Asked on 11/13/14, 12:20 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

This is a rather complex case for this type of forum. I suggest that you discuss this matter with the attorney who handled the case for Co. B, who should have already advised you of the immigration consequences of having the petition revoked.

I cannot give you an opinion as to whether or not this will affect your greencard case with Co. B, because I don't know why the petition was revoked.

As for your employment with Co. C, it appears that you were in legal status when you transferred your H-1B visa. However, it depends on the effective date of the revocation (was it retroactive or as of the Notice date?).

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Answered on 11/13/14, 12:40 pm


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