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🗽 Federal Immigration Litigation Attorney🛡️ H1B Site Visits Defender ⚖️ Former DOJ & DHS Attorney 📚 Mandamus Actions Expert
If you're dealing with an H-1B revocation or a Notice of Intent to Revoke (NOIR), here's a guide to help you navigate the process while keeping your immigration status secure: 1. What is an H-1B Revocation? When USCIS believes there was an issue with your H-1B petition, such as a mistake by your employer or a violation of regulations, they may issue a NOIR. This is a warning that they intend to revoke your H-1B visa, and your employer typically has 30 days to appeal. 2. Will It Affect My Current Litigation? If you're already in litigation over a related H-1B matter (like your cap number), the NOIR should not necessarily affect your case. The focus of each matter may be different. For example, litigation might focus on your H-1B cap, while the NOIR could relate to your employer’s actions. 3. Responding to a NOIR Your employer needs to act quickly. They must gather evidence to show that, at the time of your petition, everything was done legally. If your company is unsure about how to proceed, connecting them with an immigration attorney familiar with the specifics of your case can be crucial. 4. Timeline It generally takes USCIS around 3 months to respond after the NOIR appeal is submitted. This is not a fixed timeline, but rather a ballpark estimate. 5. Changing to Another Visa If the worst-case scenario happens and your H-1B is revoked, you may have other visa options. For instance, if your spouse is on F-1 OPT, you could change your status to an F-2 dependent visa. Keep in mind, however, that you will lose your work authorization with an F-2 visa. But if it's a choice between losing your status or just losing work authorization, staying in status should be the priority. 6. Travel Considerations Changing to an F-2 or another visa shouldn't prevent you from traveling outside the U.S. However, make sure your status is fully resolved before making any travel plans, as this could complicate re-entry. 7. Potential Impact of Political Changes If you're worried about how political shifts (like a new administration) could impact your case, remember that immigration policies take time to change, and your case may be resolved before any major shifts take effect. It's more important to focus on the immediate steps you can take to maintain your status. 8. Consulting Your Lawyer If your company’s legal team is unfamiliar with specific H-1B issues like multiple applications or revocations, it’s a good idea to have them consult with an experienced immigration attorney who can provide templates, guidance, and insight into successful strategies. If you need help with your case, please visit https://wasden.law Disclaimer: This is not Legal Advice. #ImmigrationLaw #H1B #VisaRevocation #LegalHelp #NOIR #F2Visa #ImmigrationStatus #USCIS #OPT #Visa
Thank you for sharing this insightful post! It provides clear guidance on navigating complex H-1B situations. Much appreciated!
Very informative
Very informative
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1moFacing an H-1B revocation or a NOIR can be overwhelming, but taking quick and informed action is key. It’s crucial that your employer works with an immigration attorney to craft a strong response and present the right evidence. Having a backup plan, like switching to an F-2 visa if necessary, can help maintain your legal status, even if it means giving up work authorization temporarily. Always prioritize staying in status!