How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

USCIS mistakenly revoked my approved h1b and approved my withdrawn

Customer Question

USCIS mistakenly revoked my approved h1b and approved my withdrawn h4petition
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Please give me the details of what happened including the dates that you filed each petition and your status previous to filing and when that previous status expired.
Customer: replied 8 months ago.

Hi Guillermo,

My name is ***** ***** filed for h4renewal in October 2015and in November my h1got approved 2015 and they did not sent the I_94 then my employer files my amendment and USCIS approved h1b on Feb 17 2016 with I 94 and I withdrawn the h4 petition ,now on 23 march I saw in the online that my h4 got approved and h1 got revoked.

Please help me what can I do I am working now

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
But when did you file the H-1B? April 1, 2015?
Customer: replied 8 months ago.

No my initial h1b is filed on April 2014,I got my rfe and my employer didn't responded well then it got denied and we opened MTR and MTR approved on march 9 2015 and again I got an rfe in may 2015 we replied to it and it got approved on November 10 2015 for 3 years with out I_94 then I changed an employer and I got job I a company with that work order we filed amendment on Feb 8 2016 and approved h1 with i94 on Feb 16 and in mean while in October my h4 is needed renewal and my husband's company filed for it and when my h1 with i94 got approved we requested them to withdrawn and they already submitted to USCIS and withdrawn that but on 23 2016 in online it shows my h4approved and h1revoked,what can do now I started working how can I get rid of this situation.

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
So on November 10, 2015 you did or you did not go to work for the petitioning H-1B employer?
Customer: replied 8 months ago.

No I didnt worked for that employer in November as I didn't got the I_94 ,I started to work when I changed to new employer and after they transferred my h1 and filed amendment and with approved h1 and i94 only I started working from feb17 2016

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Well, I see two options: 1) You stop working immediately for the current employer and file a new H-1B in Premium Processing and prove you are in valid H-4 and your spouse is in valid H-1B. 2) You stop working immediately for the current employer and file an H-1B nunc pro tunc but this will take many months and there is no guarantee of approval. The good thing is that your underlying status is H-4 but you need to stop working for your current employer immediately to maintain H-4 status. Luckily you haven't received notification yet of the H-4 approval, so you have time to quit. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
Thank you for your kindness and respect. Good luck to you.