H1B Visa Revocation

H1B Visa Revoked by USCIS. What Are My Options?

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If your H1B visa has been revoked by USCIS, it’s crucial to understand the implications and the steps you can take to address the situation.

Reasons for H1B Visa Revocation

USCIS may revoke an H1B petition for various reasons, including:​

  • Violation of Visa Terms: Engaging in work outside the scope of your approved petition, such as working in a different role or location, can lead to revocation. ​
  • Employment Termination: If your employment ends, your employer is required to notify USCIS, leading to the withdrawal of the petition. ​
  • Employer Non-Compliance: If your employer fails to meet obligations like paying the required wage or maintaining proper working conditions, USCIS may revoke the petition.
  • Fraud or Misrepresentation: Providing false information or failing to disclose material facts in your petition can result in revocation. ​
  • Criminal Issues: Speeding tickets, shoplifting, DUI, DWI, misdemeanor can all result in H1B visa revocation.

Immediate Consequences

Upon revocation:​

  • Loss of H1B Status: Your legal status tied to the H1B ends immediately.​
  • 60-Day Grace Period: You have up to 60 days or until your I-94 expires (whichever is shorter) to take action, such as finding a new employer to sponsor you, changing your visa status, or preparing to leave the US. ​
  • Impact on Dependents: Dependents on H4 visas may also lose their status if you don’t maintain lawful status.

Steps to Take After Revocation

  1. Seek New Employment: If you find a new employer willing to sponsor you, they must file a new H1B petition. If filed within the grace period, you can begin working as soon as USCIS receives the petition. ​
  2. Change Visa Status: Consider switching to another nonimmigrant status, such as F1, H4 or B1/B2.

Have Your H1B Visa Been Revoked? Contact Us Today

If your H1B visa has been revoked, don’t panic. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight H1B revocations and regain their legal status the US.