H1B visa cancellations can disrupt careers and jeopardize plans for long-term employment in the United States. Cancellations typically occur due to job termination, failure to maintain H1B status, or violations of visa terms. If your H1B visa has been canceled or is at risk of cancellation, it is important to understand your options and act quickly to protect your immigration status and career prospects.
One potential option after an H1B visa cancellation is to find a new employer willing to sponsor you. The H1B transfer process allows you to change employers without being subject to the annual H1B cap, provided that the new petition is filed before you fall out of status. This option requires securing a new job offer and ensuring the new employer files a petition promptly. Until the transfer is approved, maintaining status in the U.S. is crucial.
If you are unable to secure a new H1B sponsor immediately, you may consider switching to another visa category to maintain lawful status. For example, applying for an F1 student visa, a dependent visa like H4, or a visitor visa may provide temporary relief while you explore long-term options. Additionally, if you are eligible for adjustment of status (such as through family-based or employment-based green card sponsorship), pursuing this pathway can help you remain in the U.S. legally.
H1B visa cancellations can be stressful, but with timely action and the right strategy, it is possible to regain status or secure a new visa. Consulting with an experienced immigration attorney is critical to navigating this complex situation and determining the best course of action based on your unique circumstances. Contact my office today to discuss your case, explore your options, and work toward a solution that protects your immigration status and career in the United States.
Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR typically indicates that USCIS is reconsidering the approval of your H1B petition due to concerns such as misrepresentation, lack of qualification, or employer-related issues like non-compliance with labor condition requirements. Similarly, if the State Department contacts you regarding visa cancellation, it may stem from allegations of fraud, eligibility issues, or a review of your employer’s compliance. In either situation, responding promptly and thoroughly is critical. This involves carefully reviewing the notice, gathering supporting documentation, and addressing the government’s concerns to demonstrate your continued eligibility. Legal guidance is invaluable during this process to craft a persuasive response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.