I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.
See all posts Frank GogolH-1B Revoked — What to Do Explained
Updated on April 12, 2024
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Understanding the implications of H-1B visa revocation is crucial for both visa holders and employers in the United States. Whether due to employer-initiated termination, compliance violations, or other reasons, a revoked H-1B visa can have significant consequences on employment and legal status. This guide provides insights into the reasons for revocation, the potential outcomes, and the steps visa holders can take to navigate post-revocation challenges effectively.
30 Second Recap:
Understanding H-1B visa revocation is essential for visa holders and employers. Revocation can occur due to various reasons, leading to consequences such as loss of status and employment. Visa holders should explore legal options and maintain status after revocation.
Understanding H-1B Visa Revocation
The revocation of an H-1B visa can be a significant event in your professional life, impacting your employment and status in the United States. This section explains why revocations happen and the potential outcomes you may face.
Reasons for H-1B Revocation
USCIS may revoke your H-1B visa for a variety of reasons:
- Employer-initiated Termination: If your employer terminates your employment, they must notify USCIS and may withdraw the petition for your visa, leading to revocation.
- Business Closure: Should the company go out of business, the visa is automatically revoked as there is no longer a sponsor for your employment.
- Compliance and Regulations Violations: USCIS may revoke the visa if they find that your employment circumstances have significantly changed without proper notification, or if there were violations of H-1B regulations.
- Fraud or Misrepresentation: Discovery of fraud or misrepresentations related to your H-1B filing can also result in revocation.
For details on the revocation process due to multiple filings and issues consult Revoked H-1B Due to Multiple Filings: What to Do.
Need help with your H-1B visa?
The H-1B visa process is complex, but it doesn’t have to be difficult. If you’re struggling to understand all of the moving parts, let Stilt help. Our team of H-1B visa experts can help you make sense of all the eligibility requirements, documents, and the application process.
Consequences of H-1B Revocation
When your H-1B status is revoked, the implications can be wide-ranging:
- Loss of Status: A revocation means you are generally considered out of status, which could lead to termination of your stay in the U.S.
- Grace Period: Fortunately, you may receive a 60-day grace period or until the end of your I-94, whichever is shorter, allowing you to seek new employment or arrange a transfer or change of status.
- Reinstatement Challenges: If your goal is to have the H-1B visa reinstated by the same employer, they must start from scratch, waiting for the next filing season to submit a new petition.
Understanding the direct link between revocation and layoff can be found at H-1B Revoked & Layoffs.
H-1B Revoked: What Are Your Options?
An H-1B revocation can feel like a major setback, leaving you with uncertainty about your next steps. One commenter shares their unfortunate situation:
“I was let go from my previous company. I filed for Change of Status to B-2 visa on Jan 30 2024 to keep searching for a job in the U.S. However, I checked my USCIS case status and saw my H-1B (I-129) revoked on Feb 26 2024. Now that my initial H-1B is revoked, would it still be possible to do an H-1B transfer with a new company? Could I reinstate it?”
Legal Perspectives and Guidance
The path forward depends on the specifics of your case, but immigration lawyers provide some guidance. One response explains that revocation alone does not preclude getting a new H-1B approval:
“You can still get a new H-1B approved with a different employer even after a revocation. The revocation was done by your former employer, so it does not impact your ability to get a new H-1B petition approved going forward.”
However, timing is critical. Another commenter cautions:
“If your Change of Status to B-2 is approved before you get a new H-1B petition approved, then you would have a problem transferring H-1B as you would no longer be in H-1B status.”
Advice: Moving Forward
The advice? Move quickly to have a new H-1B petition filed by a prospective employer before your current status expires or changes. Staying in valid H-1B status is key to enabling a smooth transfer.
While reinstatement may be possible in limited circumstances, most commenters suggest avoiding that complex path if you can get a new H-1B approved instead. As one response summarizes:
“Don’t go for reinstatement. It’s a tedious process with high denial rates. Focus all your energy on getting a transfer H-1B petition filed with a new employer before your current status expires.”
The Takeaway
An H-1B revocation is a hurdle but not the end of your U.S. work authorization prospects. By understanding the right steps and timelines, you can navigate this bump and get re-approved through a change of employer.
Navigating Post-Revocation Challenges
When your H-1B is revoked, it’s crucial to understand your legal avenues and the steps necessary to maintain your status in the United States. Acting quickly can make a significant difference in your outcome.
Legal Options Following Revocation
If your H-1B visa is revoked, you may have several legal options depending on your circumstances. Consulting with an immigration attorney is essential to navigate the complexities of your case promptly. You might consider filing a motion to reopen your case if new information or circumstances can affect the decision of your revocation. Alternatively, under certain conditions, you can request nunc pro tunc relief, which, if granted, can retroactively correct or modify a decision. If you have an approved I-140 petition, your path towards a green card may still be viable. One important aspect to consider is the change of employer; you might be eligible to transfer your H-1B to a new sponsoring employer if timely filed, which could potentially avoid a gap in your employment status.
Maintaining Status and Employment
Upon revocation of your H-1B, your priority should be to explore alternative visa options to maintain your legal status. Your dependents holding H-4 visas must also address their status. If you’re exploring new employment, the H-1B portability rule may allow you to begin work with a new sponsoring employer immediately after the new employer files an extension of status or transfer petition on your behalf. Additionally, if you’re in the process of changing your status from H-1B to another employment-based visa, such as L-1, remember to abide by the labor condition application requirements that are still pertinent. For those pursuing self-employment scenarios, securing an Employment Authorization Document (EAD) could be a practical step. In the case of unavoidable delays, you might opt to transition to a B-2 visa as a temporary measure while you sort out your employment and visa status.
Need help with your H-1B visa?
The H-1B visa process is complex, but it doesn’t have to be difficult. If you’re struggling to understand all of the moving parts, let Stilt help. Our team of H-1B visa experts can help you make sense of all the eligibility requirements, documents, and the application process.
Frequently Asked Questions
In this section, you’ll find direct answers to common concerns when your H-1B visa faces revocation, whether from an employer’s decision or USCIS action.
What are the repercussions of an H-1B visa being revoked by the employer?
If your H-1B visa is revoked by your employer, you lose your authorization to work and reside in the U.S. under this program. You may also need to leave the country unless you change your visa status or find another employer.
Is it possible to reinstate an H-1B visa after revocation by USCIS?
Reinstating an H-1B visa after revocation by USCIS is complex and typically requires finding a new job offer and having the new employer file a new petition on your behalf.
How does the revocation of an H-1B visa impact cap-exempt petitions?
Even cap-exempt petitions can be revoked, affecting your current visa status. If your cap-exempt employer can correct a mistake or wishes to hire you again, they would need to start a new H-1B process.
What is the typical processing time for an H-1B visa revocation?
The processing time for an H-1B visa revocation is not clearly defined. It varies on a case-by-case basis and is affected by USCIS workloads.
What steps should one take if their H-1B visa is unexpectedly revoked?
Upon unexpected revocation of your H-1B, consult with an immigration attorney immediately. You should also explore other visa options or seek a new employer to sponsor you.
What are the consequences of H-1B visa revocation after an approved green card application?
If your H-1B visa is revoked after a green card application approval, the revocation might not affect your permanent residency status. However, it may impact your ability to travel or change jobs before receiving your green card.
Frank Gogol
I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.